Benefits for same sex couples

HR Specialist

Do same sex couples receive the same benefits under California law as those in other states?

lnelson

Can you be more specific are we talking Health benefits or tax benefits? Right to marriage?

safety

Same sex couples are not recognized by the State of Kansas, but probably only a matter of time.

irenesmsaclaims

If you mean health coverage benefits, I don't know if California has any statutes mandating benefits for same sex relationships, but it's possible. Check the state statutes for that (if a legal spouse can be of the same sex).

If there is such legislation, then insured plans must comply. In the absence of such legislation, if a plan is fully insured then the carrier would determine if it would allow domestic partners to be eligible. If the plan is self-funded, then it can do what it wants relative to eligibility of domestic partners, common-law spouses, etc.

This may be more information than you need, but if you are writing domestic partners into a plan, there are many other areas that need to be addressed such as COBRA (rules do not require domestic partners to be offered COBRA, but a plan can do so), FMLA and dependents of the domestic partner.