AMENDMENT NO. 9
TO THE
SOUTHERN CALIFORNIA IBEW-NECA ACTIVE HEALTH PLAN
Effective October 1, 2005 the following Section, Domestic Partners (Same Sex) is added immediately following the conclusion of the Section entitled "Eligible Dependents" as found on pages 11 thru 12 of the Active Health Plan:
"DOMESTIC PARTNERS (SAME SEX)
Certain collective Bargaining Agreements and Subscriber Agreements requiring contributions to the Fund include provisions calling for the same sex domestic partner of an eligible employee working under the Collective Bargaining Agreement or Subscriber Agreement to be treated as an eligible dependent of the eligible employee. To the extent required by such a Collective Bargaining Agreement or Subscriber Agreement an individual of the same sex as the employee will be treated as a dependent domestic partner of the eligible employee only if all of the following conditions are met:
- The eligible employee and same sex domestic partner must be eighteen (18) years of age or older.
- The eligible employee and same sex domestic partner must share a close personal relationship and be responsible for each other's common welfare.
- The eligible employee and same sex domestic partner must be each other's sole domestic partner.
- The eligible employee and same sex domestic partner may not be married to anyone or have had another domestic partner within the prior six (6) calendar months.
- The eligible employee and same sex domestic partner may not be related by blood to an extent that would bar their marriage in the State of California.
- The eligible employee and same sex domestic partner must share the same regular permanent residence with the intent to do so indefinitely.
- The eligible employee and same sex domestic partner must agree to be responsible for each other's basic living expenses which are the cost of basic food, shelter and any other expenses of a domestic partner.
- The eligible employee and same sex domestic partner must be mentally competent to consent to a contract of domestic partnership when the domestic partnership commenced.
- The eligible employee and same sex domestic partner must have submitted a signed and notarized Affidavit of Domestic Partnership to the Fund Manager.
An eligible employee must submit completed same sex domestic partner enrollment forms and a notarized Affidavit of Domestic Partnership to commence the enrollment process. The required Affidavit and enrollment forms are available from the Fund Offices.
The enrollment of a same sex domestic partner by an eligible employee will create taxable income on the fair market value of coverage to the eligible employee. The eligible employee must agree to pay the employee's share of any and all applicable payroll taxes and any and all income taxes.
The same sex domestic partner of an eligible employee shall be eligible for benefits on the first day of the month following the month in which the Fund Offices has received the notarized Affidavit of Domestic Partnership and the fully completed same sex domestic partner enrollment forms.
In no event shall the dependents of an eligible dependent same sex domestic partner be deemed eligible dependents under the Plan.
The Trustees reserve the right to require additional proof at any time of ongoing eligible same sex dependent domestic partner status.
A same sex domestic partner losing eligibility shall not be entitled to elect coverage under federal COBRA law. A same sex domestic partner losing eligibility who had been enrolled in an HMO or insured program is entitled to elect California COBRA coverage and/or conversion coverage in accord with the provisions contained within the HMO contract or insurance policy. An eligible same sex dependent domestic partner's eligibility will terminate on the earlier of the following dates: (1) when the Collective Bargaining Agreement or Subscriber Agreement under which the employee works no longer provides for same sex domestic partner coverage; or (2) when the employee ceases to be eligible; or (3) the date the same sex dependent domestic partner no longer qualifies as an eligible same sex domestic partner; or (4) the date the same sex eligible domestic partner enters into full-time military service."
Approved and adopted at the Board Meeting held on July 19, 2005.
BY: Signature on File
Chairman
BY: Signature on File Secretary
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