Domestic Partner Benefits

NMSU is committed to providing equal employment and educational opportunities to all individuals. All university employees that have a domestic partner as defined below shall be provided services and benefits on the same basis provided to legal spouses.

Policy reference: Policy 7.04 Domestic Partners

Definition of Domestic Partner

Two individuals who live together in a long-term relationship of indefinite duration. There must be an exclusive mutual commitment similar to that of marriage, in which the partners agree to be financially responsible for each other’s welfare and share financial obligations.

Qualify for Domestic Partnership

To be recognized as domestic partners by NMSU, both individuals must meet all the following criteria, sign an Affidavit of Domestic Partnership form and submit any necessary documentation to the Office of Human Resource Services.

1. Both partners must be unmarried.
2. Domestic partners must have been in a mutually exclusive relationship for the last 12 months, intending to do so indefinitely and must share the same primary residence.
3. Domestic partners must meet the age requirements for marriage in New Mexico and be mentally competent to consent to contract.
4. Domestic partners must not be related by blood to the degree prohibited in a legal marriage in the State of New Mexico
5. Domestic partners must be jointly responsible for the common welfare of each other and share financial obligations. An Affidavit of Domestic Partnership form signed to that effect and proof of three of the following must be submitted to Human Resource Services:

a. A joint mortgage or lease
b. Joint ownership of a motor vehicle
c. Joint bank account
d. Joint credit account
e. Domestic partner named as beneficiary of the other’s retirement benefits
f. Domestic partner named as beneficiary of the other’s life insurance
g. Domestic partner named as primary beneficiary in the other’s will
h. Domestic partner assigned durable property or health care power of attorney
i. Household expenses are shared by both partners

The university may require proof that those applying for status of domestic partnership meet the above requirements. Providing false information may result in disciplinary action, dismissal and reimbursement of costs involved in providing benefit coverage.

Qualifying as a Dependent of Domestic Partner

The child of a domestic partnership qualifies as an eligible dependent:

1. if either of the domestic partners is the biological parent of the child
2. if either or both partners are adoptive parents of the child
3. if the child has been placed in the domestic partner’s household as part of an adoptive placement

Services and Benefits

Domestic partners and their dependents, as defined above, shall be granted all and the same services and benefits as those provided to legal spouses and their dependents, except where expressly prohibited by law. All university policies that affect employees, legal spouses and their families also apply to employees, domestic partners and their families.

Taxability

The value of tuition and insurance benefits provided to the domestic partner is considered taxable income to the employee by the Internal Revenue Service and is subject to social security, federal, and state income tax withholding.

Termination of Domestic Partnership

Individuals granted domestic partnership status must report any change in status that terminates the relationship to the Office of Human Resource Services, within 45 calendar days, by completing a Termination of Domestic Partnership form.

Forms

• Affidavit of Domestic Partnership
• Termination of Domestic Partnership

 

NOTE: This is a summary description of benefits available to New Mexico State University employees. This information does not set a contractual commitment of benefits. If you have questions concerning benefits, please refer them to the Benefit Services department.