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Domestic Partnership Benefits
Frequently Asked Questions (FAQs)
Effective January 1, 2015, Metro began offering medical, dental, vision, dependent life
insurance and flexible spending benefits (FSAs are limited to qualified tax dependents
only) to domestic partners of Metro employees and pensioners to the extent permitted
by applicable law, and unless prohibited by a contractual agreement between the
Metropolitan Government and an insurance provider. The first opportunity to enroll
domestic partners was during the 2015 Annual Enrollment in September 2014. After
this initial enrollment period, domestic partners may only be added within 60 days of an
eligible change in status. The following answers many of the most frequently asked
questions about Metro Nashville’s domestic partnership benefits.
What is a Domestic Partner?
A domestic partner is a person with whom a Metro employee or pensioner shares a
committed relationship with and includes same and opposite sex partners. The partners
must share a primary residence and have chosen to share one anothers lives in an
intimate and committed relationship of mutual caring that is intended to be life-long.
Additional requirements include:
Both partners are over the age of 18;
Both adults have shared a primary residence for the preceding 365 days;
Both adults are jointly responsible for basic living expenses as demonstrated by a
signed Declaration of Domestic Partnership demonstrating financial
interdependence;
Neither of us are currently or have been married or legally separated from another
person within the last 365 days (if divorced, a copy of divorce decree for each
partner is required to be provided to Metro Human Resources); and
We are not related by blood in a manner that would bar marriage under the laws of
the State of Tennessee.
When Can I Add my Domestic Partner and When Will Coverage be Effective?
Qualified domestic partners may be added within 60 days of an eligible change in status
event or active employees may add during an Annual Enrollment period. You must
contact Metro Human Resources to schedule an appointment to complete the
necessary forms and provide documentation to support your relationship. Benefits will
be effective the date of the eligible change in status event or if enrolled during Annual
Enrollment, January 1, of the following year. Pensioners may only add their domestic
partner and his/her partner’s dependent children within 60 days of an eligible change in
status event.
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What Documentation Must I Provide to Add my Domestic Partner?
You may enroll your qualified domestic partner by filing a Declaration of Domestic
Partnership form with Metro Human Resources as a new hire, during Annual Enrollment
(active employees only) or when you experience an eligible change in status. In
addition to the Declaration, you and your domestic partner must also provide proof of
your shared primary residence for the preceding three hundred sixty-five (365) days and
financial interdependence by providing at least 3 of the following documents:
Joint ownership of a primary residence or joint tenancy of a residential lease;
Copy of a utility (water, gas, or electric) invoice listing both domestic partners;
Joint ownership of an automobile (auto registration, joint auto insurance);
Joint bank or credit account;
Joint liabilities (e.g. credit cards or loans, etc.);
A will or trust designating the domestic partner as beneficiary;
A retirement plan or life insurance policy beneficiary designation form designating
the domestic partner as beneficiary;
A signed durable power of attorney to the effect that the employee and the domestic
partner have granted powers to one another;
Copies of each domestic partners drivers license that indicates the same address;
or
Other acceptable proof of joint financial responsibility as determined by Metro
Human Resources.
How Much Will I have to Pay for my Domestic Partner’s Coverage?
There will be no difference in the amount of premiums charged for domestic partners as
charged for opposite-sex spouses. However, your premiums may be taxed differently
depending upon whether your domestic partner is your tax dependent.
If your domestic partner is not your tax dependent as defined by IRS Code Section 152,
the value of benefits coverage paid by Metro is considered wages for federal and/or
state tax purposes and are required to be included in your gross income (as imputed
income). In addition to imputed income calculations, the difference that you will pay
between the single premium and family premium will be paid by you on a post-tax basis.
This means the single premium amount will be deducted from your paycheck before
payroll taxes are calculated, but the difference between the family premium and single
premium will be deducted from your paycheck after payroll taxes are calculated
making the difference in single and family premiums a post-tax benefit.
Example of the taxation if you enroll your non-tax dependent domestic partner or his/her
dependent child(ren) in the BCBS PPO plan:
If you elect the BCBS PPO for you and your domestic partner, you will pay $398 per
month for the coverage. The $398 will be subject to the following tax treatment:
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Employee
Monthly
Contribution
Tax Treatment of Premium
Family premium
$398
Single premium
$166
The premium is deducted from your pay
before payroll taxes are calculated
Difference between
family premium and
single premium
$232
If your domestic partner is not your tax
dependent, the difference in single and
family premiums is deducted after payroll
taxes are calculated
If your domestic partner does qualify as your tax dependent, the value of health
coverage provided by the plans will not be considered wages for tax purposes and your
premiums can be paid on a pre-tax basis. In other words, in the example above, the
entire $398 monthly premium will be deducted from your pay before payroll taxes are
calculated.
You are required to complete and submit the Certification of Domestic Partner Tax
Status form to Metro Human Resources in order to provide Metro with the tax status of
your domestic partner and his/her eligible dependent child(ren). Metro will require you
to update the Certification every year if you certify your domestic partner or his/her
children are your tax dependents.
What is Imputed Income and Why is it Added to my Paycheck when I Cover my
Domestic Partner?
Imputed income is the fair market value of the additional benefit coverage for domestic
partners and, under IRS regulations, is generally treated as taxable income to the
employee or pensioner. Imputed income is separate from, and in addition to, your
premium cost. Imputed income is subject to both federal and FICA taxes and will be
included on your W-2 (or 1099-R for pensioners).
Here’s an example of how imputed income will impact earnings reported on the W-2 for
an employee enrolled in the BCBST PPO whose domestic partner or his/her child(ren)
are not a tax dependent of the employee. (This treatment would apply to medical,
dental and vision benefits). Remember that Metro pays 75% of the total medical
premium and you pay only 25% of the premium.
PPO monthly premium paid by Metro is:
$1,194.00 (family coverage premium paid by Metro)
$ 498.00 (single coverage premium paid by Metro)
$ 696.00 (monthly difference between family and single coverage paid by Metro)
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$696.00 x 12 months of premiums = $8,352 Imputed Taxable Income
$8,352 will be included as taxable earnings on your W-2, and this amount will be subject
to both federal and FICA taxes.
I am Enrolled in the HealthCare Flexible Spending Account. Can I Submit my
Domestic Partner’s Claims for Reimbursement?
Generally, the answer is no. Under IRS rules, claims can only be reimbursed for the
employee, the employee’s spouse or the employee’s tax dependents. However, if you
can claim your domestic partner as a tax dependent, then you may be able to submit
your domestic partner’s claims for reimbursement.
What Happens to my Domestic Partner’s Coverage if I Lose Coverage? Is COBRA
Coverage Available for my Domestic Partner?
If you lose group health plan coverage due to a termination of employment or a
reduction in work hours, you will be able to continue your domestic partner’s and his/her
dependent children’s coverage if you elect COBRA.
What Happens to my Domestic Partner’s Coverage in the Event of my Death?
If you die and your domestic partner will receive a survivor pension benefit, coverage
will continue. If no survivor benefit is payable to your domestic partner, coverage will
continue until the end of the month in which you die and your partner will be offered
COBRA continuation coverage.
What Happens if I Terminate my Relationship with my Domestic Partner?
As stated in the Declaration of Domestic Partnership form, you must complete a
Termination of Domestic Partnership form and file it with Metro Human Resources
within 30 days of the termination of the partnership. Coverage will terminate on the date
I complete the Termination form and COBRA continuation coverage will be offered. If
you fail to notify Metro Human Resources within 30 days of the termination of the
partnership, you will still be required to pay family premiums the remainder of the
calendar year and may be subject to post-tax treatment on those premiums.
If my Domestic Partnership Ends, May I Enroll a New Domestic Partner?
Yes, you may enroll a new domestic partner; however, you may not add a new (or
previously terminated) partner and new (or previously terminated) dependent children to
Metro’s benefits’ for 365 days from the date your last Termination of Domestic
Partnership form was filed with Metro Human Resources. As stated in question #1
above, one of Metro’s requirements for a domestic partnership is that both adults
(employee/pensioner and their domestic partner) have shared a primary residence for
the preceding 365 days to establish (or reestablish) a domestic partnership.
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What if my Domestic Partner is also a Metro Employee?
If your domestic partner is also an employee, you cannot be covered as both an
employee and a dependent under Metro’s medical, dental and vision plans. You must
each elect coverage for yourself and your dependents or one of you could elect to
carry family coverage and the other could opt out of Metro’s coverage. (Keep in mind
that electing family coverage may make you subject to paying a portion of your premium
on a post-tax basis and also having Metro’s portion of the premium included as imputed
income on your W-2 (or 1099 for pensioners).
What if I marry my Domestic Partner after Ive Enrolled them in Benefits and/or
Completed a Declaration Domestic Partnership?
If you marry your domestic partner, you should contact Metro Human Resources
immediately so that we may change the status of your new spouse and to take
advantage of the pre-tax tax status. You will be required to provide a copy of your
marriage certificate.
Can my Domestic Partner Receive my Pension Benefits if I die?
As a service pensioner, you may elect to leave your service pension survivor benefit to
anyone you choose. However, a survivor benefit for an active employee or disability
pensioner may only be paid to the spouse as legally recognized by the State of
Tennessee or to the member’s dependent child(ren). Therefore, if you die as an active
employee, your domestic partner will not receive a survivor benefit or be entitled to
insurance benefits unless you have a Declaration of Domestic Partnership already on
file with Metro Human Resources at the time of your death. You may file a Declaration
of Domestic Partnership for pension plan purposes even if you chose not to add your
domestic partner to your insurance benefits.
If the member dies without a Declaration of Domestic Partnership form on file with Metro
Human Resources, the domestic partner and/or the domestic partner’s dependent
children will not be entitled to receive pension benefits or health insurance except under
COBRA continuation. Thus, for purposes of Metro benefits, a domestic partnership
exists only when a Declaration that meets the requirements of Metro Ordinance
BL2014-779 has been submitted to Human Resources. Even if a couple claims that
they have a "domestic partnership", if they have not submitted the requisite Declaration
of Domestic Partnership form to Human Resources, a domestic partnership does not
exist for purposes of Metro benefits.
For more information, contact Metro Human Resources at (615) 862-6700.
updated: 8/26/15