Policy 716: Registration and Termination of a Same-Sex Domestic Partner

POLICY NO: 716
EFFECTIVE DATE: 07/01/1999

REGISTRATION AND TERMINATION OF A SAME-SEX DOMESTIC PARTNERSHIP

716.1 REGISTRATION OF A SAME-SEX DOMESTIC PARTNERSHIP

The University of Pennsylvania extends same-sex domestic partner benefits to staff in a University recognized same-sex domestic partnership. Same-sex domestic partner benefits are equivalent to spousal and dependent benefits. Refer to individual benefits policies for eligibility information and benefit descriptions.

A same-sex domestic partnership is recognized by the university when: 1) the relationship meets the definition of a same-sex domestic partnership and 2) the staff member and the same-sex partner have completed the University's central registration process for a same-sex domestic partnership.

716.2 DEFINITION OF A SAME-SEX DOMESTIC PARTNERSHIP

The University defines a domestic partnership as two individuals of the same gender who have a committed relationship of indefinite duration with mutual obligations akin to those of marriage which include financial responsibility for each other. The partners must reside together and intend to do so for an indefinite period of time. Both partners must be at least 18 years of age and not related by blood to a degree that would bar marriage in their state of residence. Neither partner may be married and each must be the sole domestic partner of the other.

716.3 CENTRAL REGISTRATION PROCESS

The staff member and his/her same-sex domestic partner complete and sign an Affidavit of Domestic Partnership in the presence of a University benefits specialist or a notary public.

The staff member must provide the benefits specialist with either a City of Philadelphia Life Partnership Agreement or three of the following documents demonstrating the staff member's and partner's joint responsibility and shared financial obligations. Original documents must be submitted:
1. Joint mortgage or lease (original documents submitted for review),
2. Designation of domestic partner as primary beneficiary in employee's will or identified in will as partner (subject to review by University legal counsel),
3. Durable property and health care powers of attorney (subject to review by University legal counsel), or
4. Joint ownership of an automobile, joint bank account, or joint credit account (original documents must be submitted for review)
The Benefits Specialist reviews documents to determine adherence to criteria stated above. If the Benefits Specialist determines that the documents meet the above criteria, the Benefits Specialist signs the affidavit registering the partnership with the University.

Copies of the submitted documents are made and maintained with the Affidavit of Domestic Partnership. A copy of the affidavit of domestic partnership is given to the staff member.

The Benefits Specialist gives a domestic partner approval form to the employee. The form allows the same-sex domestic partner to confidentially obtain a spouse/same-sex domestic partner guest card from the Penn I.D. Center.

Note: The spouse/same-sex domestic partner Penn Guest Card provides access to benefits such as recreation and library facilities. These benefits are not administered through the Division of Human Resources, contact the appropriate offices for more information.

716.4 TERMINATION OF A UNIVERSITY REGISTERED SAME-SEX DOMESTIC PARTNERSHIP

A same-sex domestic partnership terminates when:
1. The staff member and or same-sex domestic partner decide to terminate the relationship, or
2. There is a change in the relationship such that it no longer meets the University's definition of a same-sex domestic partnership. A relationship no longer meets University's definition of a same-sex domestic partnership when the relationship fails to meet one or more of the criteria stated in the definition.
Example of a Relationship that no Longer Meets the University Definition of a Same-Sex Domestic Partnership: The staff member and his/her partner remain each other's sole domestic partner; remain in a committed relationship etc.; however, they no longer reside together in the same residence and/or no longer share joint financial obligations.
The staff member is responsible for notifying the Benefits Office by completing a Statement of Termination of Domestic Partnership within 30 days of the termination of a University registered same-sex domestic partnership. The notification must conform to the following guidelines to be considered a valid notification by the University:
1. The staff member submits a completed and signed University Statement of Termination of Domestic Partnership to the Benefits Office within thirty (30) days of the termination of the partnership. (The forms may be obtained from the Benefits Office.)
2. The staff member provides a copy of the statement to his/her same-sex domestic partner within the same thirty (30) day period.
Failure of the staff member to notify the Benefits Office of the termination of a same-sex domestic partnership in accordance with the above noted guidelines is a violation of University Policy 007 (Fraud). The University reserves the right to take action against a staff member in violation of University Policy 007 (Fraud) up to and including termination of employment.