New Domestic Partnership Law: Impact to health care benefits

Washington State passed legislation in 2009 (SB 5688) stating, for purposes of state law, that registered domestic partners be treated the same as married spouses. The law was then subject to a referendum and went to the voters in November. The voters supported the original law and effective December 3, 2009, the new Domestic Partnership Law went into effect in Washington State.

How does this impact me as a city/town?

All member employers of the AWC Employee Benefit Trust (EBT), as a fully-insured program, will be required to offer health care coverage to Registered Domestic Partners effective December 3, 2009. The EBT will commence enrollment with the natural open enrollment period for coverage effective January 1, 2010. Any newly registered domestic partner relationships after December 3 will be treated just like a newly married spouse, and will be effective the first of the month following marriage/domestic partner registration.

For those employers who do not currently have a Domestic Partner Policy, it is important to note that the 2006 Washington Anti-Discrimination Law prohibits discrimination because of sexual orientation or gender identity. In light of the new domestic partnership law giving same-sex domestic partners the same rights and responsibilities as married couples, a court may find that providing health insurance (or other types of employee benefits) to an employee’s opposite-sex spouse, but not to an employee’s same-sex domestic partner, constitutes employment discrimination based on sexual orientation.

Who is a qualified domestic partner?

A Washington State registered domestic partner under RCW 26.60.030 is a same-sex relationship, or an opposite-sex relationship with one of the partners being 62 years of age or older. Also, the law will extend to registered domestic partners from other states such as Oregon, California, Nevada, New Jersey and Washington DC. However, the law does not provide legal rights to same-sex marriages in other states (Iowa, Massachusetts, Vermont, Connecticut and New Jersey).

Questions?

If you have any questions regarding the new Washington State domestic partner law, contact AWC staff member, Deanna Krell at deannk@awcnet.org. Also, members of the AWC Employee Benefit Trust, can contact healthbenefits@awcnet.org.

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