Q&A: What Documentation is Needed for Domestic Partnership Coverage?

Question:

We recently added domestic partner coverage to our benefits program. In the past, we did not require employees to provide proof that a spouse or dependent child is eligible for coverage, such as a marriage certificate or birth certificate.

Now that we offer domestic partner coverage, we would like to establish some parameters and verify somehow that the partnership actually exists. What criteria and documentation requirements should we apply to establish the existence of a domestic partnership? If we require documentation for domestic partners, do we also need to require it for spouses and children?

Answer:

While federal law generally does not require employers to verify dependent eligibility before health plan enrollment, requiring reasonable documentation is considered a best practice. This is especially true when adding domestic partner coverage.

The eligibility requirements for domestic partners should be defined in the insurance certificate or plan document. Some common requirements include that the partners:

• Are at least 18, unmarried, and not related in a way that would prohibit marriage;
• Are not in another domestic partnership;
• Share a committed relationship and responsibility for each other’s welfare;
• Have lived together for a minimum period, such as six or 12 months; and
• Show financial interdependence.

Unless state or local law requires otherwise, employers may require different types of proof that the above requirements are met, such as:

• A domestic partnership affidavit
• A domestic partnership registration (available in some states and localities such as Kansas City, Missouri)
• A civil union certificate (in states where civil unions are recognized)
• Documentation of a joint lease, mortgage, credit obligation, or bank account
• Other proof of a shared household or financial relationship

For consistency, if you require documentation for one type of dependent, you should require it for the other types as well. The nature of the required documentation may vary significantly because, unlike marriage and the birth of a child, the existence of a domestic partnership cannot always be verified from a single public record.

And finally, remember to obtain documentation whenever a dependent is added to the plan, including during open enrollment, new-hire enrollment, and mid-year election changes due to a qualifying change in status.

Not a client of The Miller Group? Connect with one of our employee benefits advisors to learn how our compliance team can help you stay on track and confidently meet your obligations.