Eligible Family Members

Dependents

As defined by the Internal Revenue Service, the eligibility requirements for dependent children are as follows:

1. The employee or the employee's spousal equivalent must have a court-appointed legal relationship with the child (i.e., guardianship, adoption) or the same sex spousal equivalent must be the biological parent, the stepparent or grandparent of the child;
2. The child must be primarily dependent upon the employee or spousal equivalent for support and the employee or partner must claim the child as an exemption on the most recent income tax return; and
3. The child must be unmarried, 19 years old or under, and reside in the same household as the employee. If the child is over the age of 19 they must be a full-time student and the employee's home must be the child's primary place of residence.

Spousal Equivalents

To qualify for spousal equivalent status an eligible employee and his/her partner must meet the following criteria:

1. Partners must be of the same sex.
2. Neither partner can be married to anyone else or be the spousal equivalent of anyone else.
3. Partners must be each other's sole spousal equivalent and intend to remain so indefinitely; and they may not legally marry each other under the laws of the state in which they reside.
4. The partners cannot be related by blood to the degree of closeness that would prohibit legal marriage in the state in which they reside.
5. The partners must each be at least eighteen (18) years of age and mentally competent to consent to a contract.
6. The partners must have resided together in the same residence for at least twelve consecutive months and intend to reside together indefinitely.
7. The partners must be jointly responsible for each other's common welfare and financial obligations.

How to Enroll a Spousal Equivalent

To enroll a spousal equivalent in Lesley University's benefits programs, the employee must:

1. Complete and sign an Affidavit of Spousal Equivalency and submit it to the Human Resources Department. The Affidavit of Spousal Equivalency is available in the Human Resources Department.
2. Show proof of twelve consecutive months of shared residence with the spousal equivalent at the time the Affidavit of Spousal Equivalency is completed. One of the following will serve as proof: a driver's license, canceled rent checks, utility bills, a lease showing joint tenancy, or a joint mortgage on a primary residence. Documentation of financial interdependence could include documentation of a joint bank account, designated signatures on a safe deposit box, or documentation of a joint loan agreement.

Termination of Spousal Equivalency

If there is a change in the criteria certified on the Affidavit of Spousal Equivalency that would make the spousal equivalency invalid, the employee must complete a Termination of Spousal Equivalency Form and submit it to the Human Resources Office within 30 days of the change.

Tuition benefits for the spousal equivalent and/or eligible children will be discontinued on the last day of the month in which the Human Resources Department receives the termination notice.

The employee must immediately mail a copy of the Spousal Equivalency Termination Form to the former spousal equivalent.

All information regarding participation and enrollment in spousal equivalent benefits is kept strictly confidential with the Director of Human Resources or the Benefits Specialist and the employee. Information may not be shared with anyone, other than would be required as part of the enrollment process, without the employee's consent.