|AB2205 & AB205
Nov 21, 2005
You have misunderstood my question. My employer would not allow domestic partners to enroll in their benefits in 2005. Whether the employee paid the premiums or not. They stated they did not have to until 1/1/06.
AB2205 & AB205 Oct 24, 2005
My employer's renewal for medical benefits was on 1/1/05, however, they did not inlude domestic partners because they stated they did not have to until 1/1/06. Is this correct ? I thought AB2205 went into effect 1/1/05, so why is my employer refusing domestic partnership benefits until 1/1/06 ?
Response from Ms. Franzoi
Although the law requires insurers to offer domestic partner coverage to employers and associations (policyholders)who purchase coverage, policyholders aren't required to purchase the coverage. If an employer purchases the coverage, the plan must provide the same health benefits to registered same-sex partners to the same extent and under the same conditions as such benefits are extended to other dependents. Such health benefits are exempt from state tax but not federal tax.
Response from Ms. Franzoi
I don't have a copy of the complete text of AB 2205 and AB 205. Therefore, I cannot tell you what the effective date is for the provisions.
AB 2205 requires employers to provide the same rights and benefits to domestic partners which are required by state law to be provided to a legal spouse. However, benefits which are voluntarily provided by the employer and are not required by state law need not be extended to domestic partners. (There is no state law requirement to offer healthcare benefits.) AB 205 requires that group health plans, health insurance and other forms of insurance provide benefits to domestic partners under the same terms and conditions as insurance is provided to a spouse.
To the extent that a plan is self-insured, state insurance law would not apply, regardless of the oepn enrollment date for participants. I sugggest you either contact an attorney or review the full text of the law to determine the effective date as it applies to your company (assumes your company's health plan is an insured plan).
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