Domestic partner coverage subject to ERISA

[Guest kshaffer]

Has anyone attempted to take the position that employer-sponsored domestic partner coverage funded through an insurance arrangement is not subject to ERISA (and, accordingly, that the claims procedure regulations do not apply to claims by domestic partners) ?

Presumably, however, if I succeed in this argument, state insurance law is no longer pre-empted.

[KIP KRAUS]

If you have to comply for all other participants, what would it make a difference if you do or don't apply it to domestic partner coverage? In my opinion if you have an ERISA plan you must comply with ERISA as it relates to all participants simiarly situated.

Are you planning on making statements in your plan documenst that some plan provision don't apply to domestic partners?

Doesn't make sense to me, but then again neither does domestic partner coverage.