Domestic Partnership FAQs

What is a domestic partner?

Domestic partners are couples who have filed their domestic partnership with LACERS and/or the State of California . Any qualified couple, same-sex or opposite-sex, can file their domestic partnership with LACERS. Both persons must:

• share a common residence,
• be at least 18 years old,
• be unmarried and not in another domestic partnership,
• not be related to a degree that would preclude marriage,
• agree to be jointly responsible for each other's basic living expenses,
• sign the LACERS Affidavit of Retired Domestic Partnership

Usually, only same-sex domestic partners who meet similar State qualifications may register with the State of California . To learn more about filing your domestic partnership with the State of California , contact the Secretary of State Domestic Partnership Registry:

Web site: http://www.ss.ca.gov/dpregistry/

Telephone: (916) 653-3984

Will my domestic partner be entitled to any LACERS benefits?

Possibly. If your domestic partnership is registered with LACERS and/or the State of California , your partner may become eligible to receive survivors' benefits upon your death.

Should you die as an active Member, your partner must be entitled to receive all your contributions in order to become eligible to receive a lifetime monthly allowance (continuance benefit). If you want your LACERS domestic partner to be eligible for a continuance, you must designate him/her to receive all your contributions. If you have a state-registered domestic partner, your partner would receive all your contributions as long as you have not designated someone else (be sure to check!).

Your partnership must be on file with LACERS and/or the State of California for at least one year prior to retirement for your partner to be eligible to receive a continuance benefit after your retirement. However, to remain eligible for this continuance, you must also be domestic partners (or married) on the date of your death.

You may cover your domestic partner and/or their dependent children under a LACERS medical and/or dental plan. However, you must pay income taxes on the amount of the medical plan subsidy that may be paid by the City to provide coverage for your domestic partner and/or their dependent children. You may enroll yourself and your domestic partner and/or their dependent children in your medical and/or dental plan:

• within 60 days of your retirement date,
• during an annual open enrollment period, or
• within 30 days of your meeting the domestic partnership definition.

If you do not add your domestic partner and/or their dependent children to your medical and/or dental plan within 30 days of your meeting the domestic partnership definition, you must wait until the next open enrollment period to do so.

If you are enrolling yourself and your domestic partner and/or their dependent children, you must complete a Retired Medical and Dental Plan Enrollment Form and submit a copy of your domestic partner's California driver license or identification card.

If you are adding your domestic partner and/or their dependent children to your medical and/or dental plan, you must complete a Retired Medical and Dental Plan Family Account Change Form and submit a copy of your domestic partner's California driver license or identification card.

Is there a difference between filing my partnership with LACERS and the State of California?

Yes. Eligibility requirements between agencies differ, as do the rights and responsibilities. Same-sex and opposite-sex couples may file with LACERS. Generally, only same-sex couples qualify to register with the State. Opposite-sex couples may only register with the State if at least one partner is over the age of 62 and meets specific criteria (contact the State of California for more information). Registering with either agency will allow you to leave a continuance to your domestic partner if the other eligibility requirements are met.

However, registering with the State gives your domestic partner a community property interest (equivalent to a spouse) in your retirement benefits, which become subject to division if the partnership is terminated. Also, should you die, your partner is entitled to your contributions if you have not designated a beneficiary. These rights are not available to your partner if you only register with LACERS.

If you have registered with the State, you do not need to also file your domestic partnership with LACERS for your partner to become eligible for retirement benefits.

What if I want to terminate my domestic partnership?

If you only filed your domestic partnership with LACERS, your partnership ends when:

• one partner dies or marries,
• you no longer share a common residence, or
• one partner gives notice to the other party (as specified in the Plan).

If your domestic partnership ends, you must notify LACERS within 30 days by filing a Statement of Termination of Retired Domestic Partnership. In addition to this, if your domestic partner and/or their dependent children are covered under your LACERS medical and/or dental plan, you must remove them immediately by completing a Retired Medical and Dental Plan Family Account Change Form .

If you filed with the State of California , you will need to terminate your domestic partnership through a court action (similar to a dissolution of marriage) unless your partnership qualifies to be terminated by mutual agreement as provided in California Family Code Section 299. (A court termination may be required if the division of LACERS benefits is involved.)

Contact LACERS for more information.