MSU Human Resources - MSU-Recognized Same-Sex Domestic Partner
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Policies, Union Contracts, Handbooks > Support Staff Policies and Procedures

MSU-Recognized Same-Sex Domestic Partner

Policy

Applies to: Regular full-time (90 - 100%) and part-time (50 - 89.9%) faculty, academic staff, University support staff, flexible appointees, and official MSU retirees

On September 12, 1997, the Michigan State University Board of Trustees added benefit eligibility for same-sex domestic partners of faculty, retirees, and applicable staff who meet certain criteria. They:

  1. are same-sex and for this reason are unable to marry each other under Michigan law,
  2. are in a long-term committed relationship, have been in the relationship for at least 6 months, and intend to remain together indefinitely,
  3. are not legally married to others and neither has another domestic partner,
  4. are at least 18 years of age and have the capacity to enter into a contract,
  5. are not related to one another closely enough to bar marriage in Michigan,
  6. share a residence and have done so for more than 6 months,
  7. are jointly responsible to each other for the necessities of life, and
  8. provide a signed "partnership agreement" that obligates each of the parties to provide support for one another, and provides for substantially equal division, upon termination of the relationship, of earnings during the relationship and any property acquired with those earnings.
Domestic partners' children will be eligible for health and dental benefits if they:
  • are qualified and claimed as an IRS-defined dependent by the domestic partner,
  • are members of the household or a full-time student, and
  • are unmarried and under the age of 19 (if a full-time student, up to the end of the calendar year they turn age 25 for health plan coverage, and up to the end of the calendar year they turn 23 for dental plan coverage.

Summary of benefits:

Domestic partners and their eligible dependents will be eligible for benefits listed in the Same-sex Domestic Partner Benefit Summary in the same manner as for an employee's/retiree's spouse and other dependents:

IRS regulations require the University to tax the fair market value of University-provided health and dental benefits for the same-sex domestic partner and eligible dependents. The IRS defines fair market value of a fringe benefit as an arm's length transaction. This refers to the amount a person would have to pay for an individual policy for the same-sex domestic partner and the same-sex domestic partner's children in the open market. For additional information, see Taxation of Domestic Partner Benefits for Faculty and Staff (in PDF) and Taxation of Domestic Partner Benefits for Retirees (see pgs. 3-4 in PDF).
 

Procedure


Enrollment for domestic partner benefits:

Employee/Retiree: Submit the following materials to MSU Human Resources Benefits:

  • Declaration of Domestic Partnership form (PDF)
  • Domestic Partnership Agreement samples (for Faculty, Staff, and Retirees versions 1, 2, 3)
  • Enrollment/change form to add the domestic partner and eligible dependent children (VARIES: If not enrolling the same-sex domestic partner or eligible dependent for health, dental or life plans, an enrollment/change form is not necessary). Contact Human Resources Benefits for this form at 517-353-4434 or 800-353-4434.
MSU Human Resources Benefits:
  1. Reviews the submitted materials for approval and if necessary forwards the agreement on to General Counsel for further review.
  2. Once approved, processes the enrollment/change form (if applicable) for the appropriate plans.

Termination of same-sex domestic partnership:

Employee/Retiree: If the same-sex domestic partnership is terminated, the employee/retiree must complete an Affidavit of Termination of Domestic Partnership form (PDF) and submit it to MSU Human Resources Benefits.

  • Another Declaration of Domestic Partnership cannot be filed for six months after the date on which the statement of Termination of Domestic partnership has been filed with MSU Human Resources Benefits.
  • The non-MSU employee/retiree same-sex domestic partner (and eligible dependents) is no longer eligible for coverage through MSU's group plans but will have eligibility to continue health and/or dental coverage through COBRA.
MSU Human Resources Benefits: Sends non-MSU employee/retiree same-sex domestic partner (and eligible dependents) COBRA information. If COBRA option is elected, sends monthly billing information for payment of premiums to non-MSU employee/retiree.

Refer questions to: MSU Human Resources Benefits (telephone 517-353-4434, e-mail)

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