VIII. Appendices.

• Pages: #2005

1. Sample Private Domestic Partnership Policy

   1. Domestic partnerships

      Domestic partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring. The requirements to be domestic partners are:

      1) The two must live together;

      2) The two must agree to be jointly responsible for each other's basic living expenses during the domestic partnership;

      3) Neither person may be married or a member of another domestic partnership;

      4) The two must not be related in a way which would prevent them from being married to each other;

      5) Both must be over 18;

      6) Neither person had a different domestic partner in the previous six months (this requirement does not apply if the partner died); and

      7) The two must sign a Declaration of Domestic partnership.

   2. Definitions

      Live Together: "live together" means that two people share the same place to live. It is not necessary that the legal right to possess the place be in both of their names. Two people may live together even if one or both have additional living places. Domestic partners do not cease to live together if one leaves the shared place but intends to return.

      Joint Responsibility for Basic Living Expenses: "Joint responsibility" means that each partner agrees to provide for the other partner's basic living expenses if the partner is unable to provide for herself or himself. Anyone to whom these expenses are owed can enforce this responsibility. "Basic living expenses" refers to basic food and shelter. It also includes the cost of medical care if a partner is receiving health care benefits because of the domestic partnership.

      Declaration of Domestic partnership: A "Declaration of Domestic partnership" is a statement signed under penalty of perjury. By signing it, the two people swear that they meet the requirements of the definition of domestic partnership when they sign the statement. Each must provide a mailing address.

   3. Ending Domestic partnerships

      A domestic partnership ends when:

      1) One partner sends the other a written notice that he or she has ended the partnership, or

      2) One of the partners dies, or

      3) One of the partners marries, or

      4) The partners no longer live together.

   4. Notice the Partnership has Ended

      When a domestic partnership ends the partner/employee (or if that partner has died, the surviving partner) must sign a notice saying that the partnership has ended and give it to the employer. The notice must be dated and signed under penalty of perjury. The notice must be sent within 60 days of the end of the partnership. If the employer or any benefits provider suffers a loss as a result of failure to send this notice, it may sue the partner who was obligated to send it for actual loss. The partner who signs the notice must send a copy to the other partner. Failure to give the notice will neither prevent nor delay ending the domestic partnership.

   5. Effect of Domestic partnership

      The obligations of domestic partnerships to each other are those described in the definition. If a domestic partnership ends, the partners incur no further obligations to each other. (75)

2. Appendix--Domestic Partnership Survey

   1. Survey Analysis

      The domestic partnership benefit survey project was designed to provide non-scientific information that will be helpful in understanding the importance of domestic partnership benefits to individuals and to businesses across the country. Due to the limitations of a small student law office, the scope of the actual mailing was limited. Surveys were sent to 73 businesses that...