Ohio Admin. Code 3349-7-30 - Domestic partner benefits
(A)
Purpose
(B)
Scope
(C)
Definitions
(1)
Consult rule
3349-7-01 of the Administrative
Code.
(2)
"Dependent Children" under federal law refers to the
biological child, stepchild, or adopted child of an employee who is under the
age of twenty six and does not have their own insurance coverage through an
employer. Pursuant to state law, a dependent child can also include the
biological child, stepchild, or adopted child of an employee who is under the
age of twenty eight and is: unmarried; a resident of Ohio or a full-time
student at an accredited public or private institution of higher education; not
employed by an employer that offers any health benefit plan for which the child
is eligible; and not eligible for insurance coverage under medicaid or
medicare. The university has expanded the foregoing legal definitions of
"Dependent Children" to also include the biological child, stepchild, or
adopted child of an employee's domestic partner, as long as that child meets
the age-related criteria set forth above.
(2)
"Domestic
Partner" is a person who meets all of the following criteria:
(a)
At least eighteen
years of age, competent to enter into a contract;
(b)
Is the sole
domestic partner of an eligible employee and intends to remain so indefinitely,
and is emotionally and financially responsible for each other's common
welfare;
(c)
Not legally married to another
individual;
(d)
Not related to each other by blood in a manner that
would bar marriage in the state of Ohio;
(e)
Has been in the
relationship with the eligible employee for at least six consecutive months or
more, and has shared a residence for six consecutive months or
more;
(f)
Has allowed at least twelve months to pass since the
termination of any previous domestic partnership; and,
(g)
Has filed a
domestic partner affidavit in accordance with university rule.
(D)
Body of the rule
(1)
The university
hereby extends as outlined herein, the following benefits to eligible employee
domestic partners and the dependent children of eligible domestic
partners.
(a)
Group insurance benefits (including vision benefits as
January 1, 2011),
(b)
Educational benefits, and
(c)
Access to
programs, (including employee assistance programs) services and facilities of
the university,
(2)
The university
hereby also amends the bereavement leave, sick leave, and family medical leave
act rules of the university to allow eligible employees to use such leave in
support of the domestic partners they have identified in an affidavit of
domestic partnership and their eligible family members.
(3)
The university
will apply the dependent qualification test under the internal revenue code and
regulations to the benefits provided to eligible domestic partners and their
eligible dependent children. The fair market value of any benefits extended to
eligible domestic partners or their dependent children will be included as
taxable income to the employee and will be reported on the employee's W-2
form.
Replaces: 3349-7-30
Notes
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010
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