Bill No.
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Concerning: Personnel - Benefits for
Domestic Partner of Employee -
Repeal
Revised: June 23, 2016 Draft No._±___
Introduced: April 19. 2016
Enacted:
June 28 2016
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
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Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Leventhal
Co-Sponsor: Councilmember Katz
AN ACT
to:
(1)
(2)
repeal the law requiring the County to provide domestic partner benefits for certain
employees; and
generally amend the law regarding benefits for domestic partners.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 33-22
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Heading or defined term.
Added to existing law by original bill.
Deleted from existing law by original bill.
Added by amendment.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 16-16
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Sec.
1.
Section 33-22 is amended as follows:
33-22. [Benefits for Domestic Partner of Employee.] Reserved.
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[(a)
Findings and purpose.
The County has a longstanding policy, in law
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and practice, against employment discrimination based on sexual
orientation.
The County believes it is unfair to treat employees
differently based solely on whether the employee's partner is legally
recognized as a spouse.
The County finds that many private and public employees provide or
plan to provide benefits for the domestic partners of their employees.
Providing domestic partner benefits will significantly enhance the
County's ability to recruit and retain highly qualified employees and
will promote employee loyalty and workplace diversity.]
[
(b)
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General rule.
Any benefit the County provides for the spouse
(including "widow" or other equivalent term) of a County employee or
the spouse's dependents must be provided, in the same manner and to
the same extent, for the domestic partner of a County employee and the
partner's dependents, respectively. Benefits provided to an employee's
domestic partner or partner's dependent must include benefits
equivalent to those available for an employee's spouse or spouse's
dependent under the Consolidated Omnibus Budget Reconciliation Act
of 1985 (COBRA), the federal Family and Medical Leave Act, and
other federal laws that apply to County employment benefits.]
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c)
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Requirements for domestic partnership.
To establish a domestic
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partnership, the employee and the employee's partner must either:
(1)
satisfy all of the following requirements:
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BILLN0.16-16
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[(
d)
Evidence of domestic partnership. The employee must provide, in a
form acceptable to the Office of Human Resources, the following:
(1)
either:
(A)
an affidavit signed by both the employee and the
employee's partner under penalty of perjury declaring that
they satisfy the requirements of subsection (c )(
1);
or
(B)
an official copy of the domestic partnership registration
described in subsection (c )(2); and
(2)
evidence that the employee and partner share items described in
at least 2 of the following subparagraphs:
(A)
(B)
(C)
(D)
a joint housing lease, mortgage, or deed;
joint ownership of a motor vehicle;
a joint checking or credit account;
designation of the partner as a primary beneficiary of the
employee's life insurance, retirement benefits, or residuary
estate under a will; or
(E)
designation of the partner as holding a durable power of
attorney for health care decisions regarding the employee.
This paragraph does not apply to a qualified, registered domestic
partnership under subsection ( c)(2).]
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[(e)
Termination of domestic partnership. An employee must notify the
Director of Human Resources within 30 days after:
(1)
termination of the domestic partnership by death or dissolution;
or
(2)
any other change in circumstances that disqualifies the
relationship as a domestic partnership under this Section.
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BILL
No. 16-16
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When the domestic partnership ends, the Director must terminate or
continue any benefit in the same manner and to the same extent that the
County terminates or continues, respectively, the benefit for a former
spouse in equivalent circumstances (such as dissolution of a partnership
and divorce).]
[(f)
Application to retirees.
In this Section, "employee" includes both
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active and retired employees.]
Sec. 2. Transition.
The amendments to Section 33-22 made in Section 1 do not apply to an
employee or retiree who is receiving domestic partner benefits or has applied for
domestic partner benefits before [[April 19, 2016]] June 28, 2016.
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Approved:
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Approved:
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Isiah Leggett, County Executive
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Date
This is a correct copy of Council action.
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Linda M. Lauer, Clerk of the Council
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Date
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