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RES 2003-18 DOMESTIC PARTNER BENEFITSRESOLUTION 2003-18 A RESOLUTION of the City Council of the City of Bainbridge Island, Washington, approving City Policy 400-012 designating Domestic Partner Benefits. WHEREAS, the City has long had a policy and an ordinance prohibiting discrimination on the basis Of sexual orientation; and WHEREAS, the Association of Washington Cities has recently extended medical insurance an other benefits to the domestic partners of covered employees and their dependents; and H REAS, in order for the domestic partners and their dependents of the employees of the CityWof ainbridge Island to be covered by the City's policy with the Association, the City Council mu adopt by resolution a policy authorizing such coverage; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: The City Council of the City of Bainbridge Island, Washington adopts City Personnel Policy 400-012 Domestic Partner Benefits, a copy of which is attached. PASSED by the City Council this 9h day of April 2003. APPROVED by the Mayor this 10'b day of April 2003. Darlene Kordonowy, ATTEST/ P. Kasper, City FILED WITH THE CITY CLERK: March 21, 2003 PASSED By THE CITY COUNCIL: April 9, 2003 RESOLUTION NUMBER: 2003-18 The following is criteria establishing a domestic partner as eligible to enroll in the benefit program purchased by the City of Bainbridge Island through the AWC Employee Benefit rust: • Sole relationship of same and opposite gender. ■ S1 iare the same regular and permanent residence; and • H ave a close, personal and exclusive relationship; and ■ e jointly responsible for "basic living expenses," as defined below; and ■ e not married to anyone; and • e each eighteen (18) years of age or older; and • e not related by blood closer than would bar marriage in the State of ashington;and ■ M ere mentally competent to consent to contract when the domestic partnership began; and • e responsible for each other's common welfare. ■ U on termination of a domestic partner relationship and termination of benefit cc verage, a new domestic partner can be enrolled no earlier than 90 days following termination of the prior relationship. "Basic living expenses" means the cost of basic food, shelter and any other expenses of a Domestic Partner, which are paid at least in part by a program or benefit for which the partner qualified because of the Domestic Partnership. The individuals need not contributeequally or jointly to the cost of these expenses as long as they agree that both are resposible for the cost. The follo ing is criteria establishing a domestic partner's dependents eligible to enroll in the benefit programs purchased by the employer through the AWC Employee Benefit Trust: 1 tural, adopted or court-appointed legal guardian of an unmarried child to age The natural, adopted or court-appointed guardian may remain on the program to age 23, if A full-time student at an accredited institution (for medical, dental and vision coverage); or POLICY: DOMESTIC PARTNER BENEFITS PAGE 1 of 2 LABOR RELATIONS POLICY #400-012 APRIL 9, 200 ITY OF BAINBRIDGE ISLAND DOMESTIC PARTNER BENEFITS POLICY LABOR RELATIONS 400-012 EFFECTIVE DATE APPROVED April 9, 2003 The following is criteria establishing a domestic partner as eligible to enroll in the benefit program purchased by the City of Bainbridge Island through the AWC Employee Benefit rust: • Sole relationship of same and opposite gender. ■ S1 iare the same regular and permanent residence; and • H ave a close, personal and exclusive relationship; and ■ e jointly responsible for "basic living expenses," as defined below; and ■ e not married to anyone; and • e each eighteen (18) years of age or older; and • e not related by blood closer than would bar marriage in the State of ashington;and ■ M ere mentally competent to consent to contract when the domestic partnership began; and • e responsible for each other's common welfare. ■ U on termination of a domestic partner relationship and termination of benefit cc verage, a new domestic partner can be enrolled no earlier than 90 days following termination of the prior relationship. "Basic living expenses" means the cost of basic food, shelter and any other expenses of a Domestic Partner, which are paid at least in part by a program or benefit for which the partner qualified because of the Domestic Partnership. The individuals need not contributeequally or jointly to the cost of these expenses as long as they agree that both are resposible for the cost. The follo ing is criteria establishing a domestic partner's dependents eligible to enroll in the benefit programs purchased by the employer through the AWC Employee Benefit Trust: 1 tural, adopted or court-appointed legal guardian of an unmarried child to age The natural, adopted or court-appointed guardian may remain on the program to age 23, if A full-time student at an accredited institution (for medical, dental and vision coverage); or POLICY: DOMESTIC PARTNER BENEFITS PAGE 1 of 2 LABOR RELATIONS POLICY #400-012 APRIL 9, 200 nt upon the domestic partner for a majority of his/her support (for ;al coverage only). lcapacitated children due to developmental disability or physical are eligible beyond the age limit of the contract, provided the child is -pendent on the domestic partner for support and maintenance, and the occurred prior to the limiting age. :NTS TO POLICY of Marriage/Domestic Partnership : of Termination of Marriage/Domestic Partnership POLICY: DO ESTIC PARTNER BENEFITS PAGE 2 of 2 LABOR REL TIONS POLICY #400-012 APRIL 9, 2003 February 10, 2003 TO: AWC Employee Benefit Trust Member Employers FROM: Paul Chasco, Assistant Director for Insurance Services SUBJECT: DOMESTIC PARTNER COVERAGE On November 21, 2002, the AWC Employee Benefit Trust Board of Trustees approved domestic partners as an eligible dependent for enrollment in all benefit programs (medical, dental, and vision). Enrollment of domestic partners and their eligible children will remain a jurisdictional decision. An AWC Trust member employer, who enrolls active employees in each benefit program, may choose to adopt a personnel policy and/or negotiate a bargaining agreement identifying domestic partners as an eligible dependent. The Board felt adoption of a policy that extends Trust benefits to domestic partners was a good business decision. However, the Board was clear in its direction that the ultimate decision to extend coverage is the sole responsibility of each member's governing body. Effective April 1, 2003 the AWC Trust will offer a special open enrollment period for those employers currently offering domestic partner benefits Attached is an Affidavit of Marriage/Domestic Partnership Form for completion by those employees wishing to enroll their domestic partner, and eligible children. A new Combined Enrollment Form (revised form attached) should be completed by the employee and accompany the Affidavit. The AWC will also need to receive a copy of the employer's personnel policy and/or bargaining agreement addressing domestic partner eligibility criteria. Those jurisdictions adopting new domestic partner policies will be offered a special open enrollment period the first of the month following policy adoption. A letter of intent from the employer, along with the newly adopted policy, should be forwarded to the AWC office. Domestic Partner Criteria The following is criteria establishing a domestic partner as eligible to enroll in the benefit programs purchased by the employer through the AWC Employee Benefit Trust: Domestic Partner Memo February 10, 2003 Page 2 ■ Sole relationship of 1) same gender only; 2) opposite gender only; or 3) same and opposite gender. (This criteria needs to be clarified by the employer in the adopted policies.). • Share the same regular and permanent residence; and ■ Have a close, personal and exclusive relationship; and ■ Are jointly responsible for "basic living expenses," as defined below; and • Are not married to anyone; and ■ Are each eighteen (18) years of age or older; and ■ Are not related by blood closer than would bar marriage in the State of Washington; and ■ Were mentally competent to consent to contract when the domestic partnership began; and ■ Are responsible for each other's common welfare. ■ Upon termination of a domestic partner relationship and termination of benefit coverage, a new domestic partner can be enrolled no earlier than 90 days following termination of the prior relationship. (An employer may wish to establish stricter criteria than 90 -day intervals. Such intervals should be identified in the adopted policy, and noted on the Affidavit.) "Basic living expenses" means the cost of basic food, shelter and any other expenses of a Domestic Partner, which are paid at least in part by a program or benefit for which the partner qualified because of the Domestic Partnership. The individuals need not contribute equally or jointly to the cost of these expenses as long as they agree that both are responsible for the cost. Dependents of Domestic Partner Criteria The following is criteria establishing a domestic partner's dependents eligible to enroll in the benefit programs purchased by the employer through the AWC Employee Benefit Trust: ■ Natural, adopted or court-appointed legal guardian of an unmarried child to age 19. The natural, adopted or court-appointed guardian may remain on the program up to age 23, if ■ A full-time student at an accredited institution (for medical, dental and vision coverage); or ■ Reliant upon the domestic partner for a majority of his/her support (for medical coverage only). ■ Totally incapacitated children due to developmental disability or physical handicap are eligible beyond the age limit of the contract, provided the child is chiefly dependent on the domestic partner for support and maintenance, and the disability occurred prior to the limiting age. Domestic Partner Memo February 10, 2003 Page 3 If you have any questions regarding the newly adopted domestic partner policy, please feel free to contact an AWC Trust staff member at 1-800-562-8981 or benefitinfo(a)awcnet.org. PC:CLW Attachments I, CITY OF BAINBRIDGE ISLAND .VIT OF MARRIAGE/DOMESTIC PARTNERSHIP Name of Employee (Print) A. I, and OR B. I, and Name of Domestic Partner (Print) certify that: were legally married on Date of Marriage are domestic partners, and we: 1. share the same regular and permanent residence; and 2. have a close, personal and exclusive relationship; and 3. are jointly responsible for "basic living expenses," as defined below; and 4. are not married to anyone; and 5. are each eighteen (18) years of age or older; and 6. are not related by blood closer than would bar marriage in the State of Washington; 7. were mentally competent to consent to contract when our domestic partnership began; and 8. are each other's sole domestic partner and are responsible for each other's common "Basic livi g expenses" means the cost of basic food, shelter and any other expenses of a Domestic I lartner which are paid at least in part by a program or benefit for which the partner qualified because of the Domestic Partnership. The individuals need not contribute equally or jointly to tile cost of these expenses as long as they agree that both are responsible for the cost. A. I under$tand that this affidavit shall be terminated upon the death of my spouse/domestic partner for by a change of circumstance attested to in this affidavit. I agree to notify Human Resources if there is any change of circumstances attested to in this affidav t within thirty (30) days of change by filing a Statement of Termination of Marriage/Domestic Partnership. B. Afters such termination, I understand that another Affidavit of Marriage/Domestic Partner hip cannot be filed until ninety (90) days after a Statement of Termination of Mama e/Domestic Partnership has been filed with Human Resources, unless such is due to the death of my spouse/domestic partner, or the dissolution of my VIT OF MARRIAGE/DOMESTIC PARTNERSHIP I have comple ed the AWC Combined Enrollment Form enrolling my domestic partner in the benefit prograris available, to be effective no sooner than the first of the month following date of eligibility (refer to Section I for domestic partner eligibility). If applicable, I have completed the AWC Combined Enrollment Form enrolling my natural children, adopted children, or court-appointed guardians. Additionally, if applicable, I have completed the AWC Combined Enrollment Form enrolling the natural children, adopted children, or court-appoi ited guardians of my domestic partner. Additional criteria for eligible dependent children is as ollows: adopted or court-appointed legal guardian of an unmarried child to age 19. The adopted or court-appointed guardian may remain on the program up to age 23, if: ■ A hull -time student at an accredited institution; or upon the employee or domestic partner for a majority of his/her support. Totall incapacitated children due to developmental disability or physical handicap are eligibl beyond the age limit of the contract, provided the child is chiefly dependent on the emplo ee or domestic partner for support and maintenance, and the disability occurred prior to the 1 miting age. The coverage tffective date for my domestic partner and, if applicable, the children of my domestic partner, is Effective Date (Print) I understand that additional income will be reported in my name to the Internal Revenue Service, and that applicable taxes will be withheld, for the premiums paid for the coverage for the enrolled domestic partner and their eligible, enrolled children. An exception will be made when IRS has ruled that the domestic partner is reliant upon the employee for support and is an eligible dependent. (NOTE: Supporting IRS documentation will be provided to Human Resources, along with the signing of thisdocument.) Name (Please Print) Date Signature Social Security Number I, CITY OF BAINBRIDGE ISLAND STATEMENT OF TERMINATION OF MARRIAGE/DOMESTIC PARTNERSHIP Name of Employee (Print) affirm, under penalty of perjury, that the Affidavit of Marriage/Domestic Partnership attested to and signed by me on Date of Affidavit Shall be and is terminated as of this date. Termination Of Affidavit of Marriage/Domestic Partnership is due to: ❑ Dissc lution of Marriage ❑ Term ination of Domestic Partnership ❑ Death of Spouse/Domestic Partner I understand hat another Affidavit of Marriage/Domestic Partnership cannot be filed until ninety (90) days aft4 r this Statement of Termination of Marriage/Domestic Partnership has been filed with Human Zesources, unless such termination is due to the death of my spouse/domestic partner, or th dissolution of my marriage. I understand Itat my former spouse/domestic partner (and former spouse/domestic partner's dis- enrolled children, if applicable) may have COBRA Continuation Coverage rights. I shall mail a copy of this signed statement to my surviving former spouse/domestic partner. Name (Please p int) Date Signature Social Security Number