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Domestic partnership benefits are benefits that an employer may offer at its discretion, where not mandated by law, to an employee's unmarried partner who is either of the same or opposite sex. Domestic partnership benefits are offered to attract and retain talent, improve employee morale, and because of local law. Some municipalities require government contractors to offer the same benefits to domestic partners that they offer to employees' spouses.
Organizations considering domestic partnership benefits should become familiar with numerous legal requirements. The IRS will treat the benefits and Social Security provided to the domestic partner as income unless the domestic partner is considered a dependent. ERISA's various benefit requirements do not apply to domestic partnership benefits. However, an employer is not prohibited from voluntarily providing benefits. Certain states recognize some form of domestic partnerships and have their own requirements with some general guidelines to consider. An organization should always consult with a lawyer and its insurance company before extending domestic partnership benefits.
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The HR Library has more helpful domestic partnership resources like these:
No Benefits for Heterosexual Unmarried Couples
Domestic Partnership Benefits Regulations by State
Smooth Advice on Significant Other Benefits