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Governor McGreevey signed the Domestic Partnership Act into law
on January 12, 2004
In accordance with the law, the
bill takes effect on the 180th day after enactment.
From GAAMC's Activism Co-Chair -
Elizabeth Braun
Domestic Partnership, - What is it to ME?
There has been a lot of
talk about the Domestic Partnership Bill
recently. It has been reported to be
everything from the next best thing to marriage to a
complete farce. But, what is it, really?
Domestic Partnership (S2820)
provides six benefits to couples eligible
for registering, under the bill that has
passed successfully through the Assembly and is
under consideration by the Senate of the
state of New Jersey. Compared to the 895 rights and
obligations that come with marriage, S2820's handful
of rights doesn't seem like much. It is, however, the
first of many steps New Jersey needs to take to grant
same-sex couples the same civil rights as anyone else
in the state.
The rights it DOES grant
are vital to any same-sex couple in a
committed relationship. These rights are:
1. Official registration for domestic partners.
2. Right to visit a domestic partner in the hospital.
3. Right to make medical decisions for a sick domestic
partner.
4. Exemption from state inheritance tax upon a
partner's death.
5. Forcing insurance carriers, (though still not
employers), to offer the option of health insurance to
domestic partners. (This means that employers could
still choose not to offer domestic partners the option
to buy insurance even when they offer straight
spouses that option; they can also offer domestic
partners a lesser option. But at least employers
would be able to hire an insurance company that offers
domestic partnership benefits. This is by no means
ideal, but it is a step.)
6. State employees' domestic partners would get health
benefits.
The most basic thing that
the bill does is establish who qualifies for
domestic partnership. Most of us are aware
it includes same-sex couples of any age and
opposite-sex couples over the age or 62. The
bill establishes a domestic partner registry in the
state of New Jersey and it details a way of dissolving
these relationships.
Further, it adds domestic
partnerships to the Law Against
Discrimination that covers employment,
housing, public accommodation and credit.
What about taxes? The
bill addresses two issues: First, it
allows a domestic partner to be an exemption
on state income tax returns; and Second, for
inheritance, it changes domestic partners from class D
beneficiaries to class A beneficiaries. What this
means is that currently, as class D beneficiaries,
domestic partners pay a fifteen percent inheritance
tax. But by becoming class A beneficiaries, the
inheritance tax is eliminated. If you jointly own a
$300,000 dollar house with your partner, fifteen
percent of the half you inherit from your partner is
$22,500. As with married couples, a will is still
required in the state of New Jersey. Without one, the
next of kin inherits everything, whether or not you
have spoken with them in the last 20 years or more.
The rights for health
insurance are more complicated. Insurance
companies, regardless of size, are required
to include domestic partners in dependent
coverage. Private businesses are not required to
offer this option to their employees and if they do
the amount of employee contribution
is not regulated. Employees of the State of
New Jersey will be offered domestic partner
benefits equivalent to those offered to
spouses. Public employers that participate in the
State's Health and Pension Plan have the option of
offering these benefits to domestic partners. If an
individual purchases a private plan, he or she is
eligible to purchase dependent coverage for a
registered domestic partner. It is important to note
that opposite couples of any age are precluded from
the health insurance rights.
The Domestic Partnership
Bill grants limited medical decision making
rights and hospital visitation rights to
registered domestic partners. It does not
eliminate the need for a health care proxy, but
increases the likelihood that one will be honored
should the need arise.
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