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Dependent verification notice


Guest thorfabio

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Guest thorfabio

I have worked for the same company for 29 years. Just recently we merged with another company and some benefits have changed. The parent company just sent me a letter wanting me to verify my dependent (spouse) listed on my health policies.. I have had her on my insurance for most of the 20 years we have lived together (not married). I live in Louisiana. Would our cohabitation at the same address for all these years qualify her as my dependent ? Their definition of "spouse" is the person of the opposite sex you"re legally married to under Federal INcome Tax law.. Does Federal Law consider us to be married due to the long term commitment we have had ? I'm sure if we decided to split up, legally, what we amassed during our time together would be considered community property etc.. sorry for the long post but getting married at this time would be financially disavantageous to both of us due in part to the credit differences we have (I always pay on time, she doesn't). Thanks

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You do need to be married, legally under state law, for your companion to be your 'dependent' so that the value of the insurance coverage provided by your employer is not taxable income to you. On this point, federal law defers to state law.

The parent company's policies and procedures re health coverage benefits for employees might only permit those that would so qualify for tax-free treatment being covered under the parent company's plan.

Louisiana is a civil law jurisdiction, and I don't know if there exists under Louisiana law a corrollary to common-law marriage (which is being legislated away in common law states).

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

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Louisiana does not recognize common law marriages, unless the "marriage" was entered into in a state that does recognize them and the participants later moved to Louisiana. So although it is a community property state, because they do not recognize you as legal husband and wife, community property laws do not apply in your situation and accumulated property.

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  • 2 weeks later...
Guest thorfabio

I have been informed as of 2007 there are only provisions for a married opposite sex spouse and a same sex domestic partner, no coverage is available for an opposite sex domestic partner.. I feel this is discriminatory. If I were gay I could hook up with another guy and claim a domestic partnership and have him covered by my health insurance but as I am straight and choose to live with a female partner the only way she can be covered is if we marry.. WTF.. this seems to be condoning a homosexual relationship but condemning a heterosexual one.. do I have legal recourse here ?

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Get MARRIED! Excuse me while I climb up on on my soapbox.

You have been together over 20 years. Seems like if you call this person your wife you should make it legal. Why do you expect the company to recognize different sex domestic partners? They recogize same sex couple because they CAN'T get married. You can.

Expect you company to revoke the girlfiends coverage - since she isn't your wife. Just hope the new company doesn't ask you repay benefits they provided.

Climbing off my soapbox now.

JanetM CPA, MBA

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I have been informed as of 2007 there are only provisions for a married opposite sex spouse and a same sex domestic partner, no coverage is available for an opposite sex domestic partner.. I feel this is discriminatory. If I were gay I could hook up with another guy and claim a domestic partnership and have him covered by my health insurance but as I am straight and choose to live with a female partner the only way she can be covered is if we marry.. WTF.. this seems to be condoning a homosexual relationship but condemning a heterosexual one.. do I have legal recourse here ?

Your word choice is rather strange. Why does the gay man (or woman) "hook up" while you "choose to live" with a female partner? Aren't they exactly the same thing? Shacking up is shacking up...

At any rate, the courts have decided and many states are now changing the laws to comply/agree with them that states don't have to allow gays to marry but you do have to provide them with the same opportunity for benefits. It's not a condemnation or condoning of any lifestyle, simply a way of complying with the law. If you want your company to provide your "opposite sex domestic partner" with health insurance then you need to marry her. Something that your state doesn't allow the same sex couples to do. Might want to think about that the next time the gay marriage agenda comes up on the ballot. Make those darn "same sex domestic partners" suffer along with the rest of us married folks!

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THORFABIO...I can certainly understand your frustration and feelings about what you perceive as discrimination towards your particular status. As you may know, much of this extension of benefits to same sex partners has been driven by politics. What strikes me though is your tone and "WTF" attitude. As I see it, you have been stealing benefits for 20 years. What you did is illegal. Just my two cents.

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Guest thorfabio

Stealing benefits ?? I think not, I paid the premiums for my "spouse" it was not free for me to have her on my health policy and it was not against policy (this just changed this year).. As far as the hook up comment, I have, as stated, been cohabitating with this lady at the same address for many years which can be easily documented whereas I feel a recent "hookup" qualifies for coverage right away without any proof of commitment. Addressing the "get married" suggestion, we have a great relationship, a mine, hers and ours type of arrangement which has worked out fine... if it ain't broke don't try to fix it... I feel if a domestic partner is recognized as a qualifying dependent, same sex and opposite sex should both be included.. it is discriminatory otherwise.

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... it is discriminatory otherwise.
No. It is a choice. The employer chooses to cover, or not cover, dependents based on a specific defintion. You choose to get married, or not.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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What I meant by stealing has nothing to do with you paying. You were paying, whether it is one month or 20 years because you had an ineligible dependent on your plan. I have been in the benefits industry for 25 years and have never seen a health plan that allows an employee to add a dependent such as yours. I am sure that there is probably one or two out there, but they are rare.

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A plan might define 'dependent' more broadly than it is defined in the IRC for making the health benefits provided tax-free to the employee. As leevena points out, it is rare for a plan to allow an ineligible dependent, from a tax perspective, to be covered under a plan because of the taxable income issues for the employee and reporting complications.

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

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Guest thorfabio

Thanks to all for your input. Fortunately we can afford to get health coverage from another source. I still feel it is not a fair policy and I will pursue this legally to a conclusion. Where's Denny Crane when you need him.. :rolleyes::lol:

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Have you ever heard of insurance fraud? Representing your girlfriend as your spouse to be covered by insurance is considered insurance fraud. Also, most companies, such as the one I work for, only cover opposite gender domestic partners if they have been "hooked up" for over a year, jointly own property, have a joint checking account, etc. and sign an affadavit to this effect. Gay couples in most states DO NOT have a choice to marry - you do and after 20 years, you should.

Also, your attitude that if it ain't broke, don't fix it is foolish and immature. If something would happen to either one of you, neither one is considered next of kin to make decisions regarding medical treatment, burial, etc. unless there are legal documents in place. And should one of you die, you do not have the right of inheritance unless there is a will. My sister "co-habitated" and even took the name of a gentleman, but never legally married him. When he died in an auto accident in his early 30's, his family got their house, half her bank account, and even his IRA and 401-K account. If I were your girlfriend, I'd run away from this relationship as fast as I could just to protect myself and what I've worked for.

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Guest thorfabio
Have you ever heard of insurance fraud? Representing your girlfriend as your spouse to be covered by insurance is considered insurance fraud. Also, most companies, such as the one I work for, only cover opposite gender domestic partners if they have been "hooked up" for over a year, jointly own property, have a joint checking account, etc. and sign an affadavit to this effect. Gay couples in most states DO NOT have a choice to marry - you do and after 20 years, you should.

Also, your attitude that if it ain't broke, don't fix it is foolish and immature. If something would happen to either one of you, neither one is considered next of kin to make decisions regarding medical treatment, burial, etc. unless there are legal documents in place. And should one of you die, you do not have the right of inheritance unless there is a will. My sister "co-habitated" and even took the name of a gentleman, but never legally married him. When he died in an auto accident in his early 30's, his family got their house, half her bank account, and even his IRA and 401-K account. If I were your girlfriend, I'd run away from this relationship as fast as I could just to protect myself and what I've worked for.

You know nothing about my relationship other that what you have read here. I have made plans and provisions for my family and my "domestic partner". She will not be left out of anything should I die before she does.. You seem to be a bitter and unhappy person. I hope your life improves..

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Wow, that's really rude. People here are trying to help you understand the nuances of these insurance issues and you just get personal like that. You could have easily said, "no we have taken all of the legal steps necessary to protect ourselves, so we don't need to get married" and moved on, so why did you have to make a comment about Mary like that? I realize people have not told you the things you wanted to hear, but that's life. Deal with it and move on. Don't snap at those who took time to try and help you.

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The parent company just sent me a letter wanting me to verify my dependent (spouse) listed on my health policies... Their definition of "spouse" is the person of the opposite sex you"re legally married to under Federal INcome Tax law.

Back to the original proposition... You have your own answer right there, you're just hoping we'd give you a different one because you're mad about it. But the company has the right to do this and you have no choice but to comply. Whether that means your girlfriend loses coverage or you get married or you find another job that will cover her, is up to you.

Kurt Vonnegut: 'To be is to do'-Socrates 'To do is to be'-Jean-Paul Sartre 'Do be do be do'-Frank Sinatra

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Thank you Oriecat for coming to my defense. All the years I have been on this board you have proven to be a very knowledgeable gentlemen. As for me - I'm not at all bitter or unhappy at all in my private life and his comments, though rude and immature, don't bother me.

In my 20+ years in human resources and benefits, I've had to counsel many, many associates such as thorfabio who are in his situation and don't think they're hurting anyone by enrolling non-eligibles. They seem to think they can have their cake and eat it too without any reprecussions. Sometimes you just have to lay it on the line like I tried to do and they don't like it either. Their only defense is to strike out. I wish both him and his female domestic partner luck, I think they may need it.

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