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CIVIL UNIONS
BENEFITS UNDER THE
PENSION SYSTEMS,
THE STATE HEALTH BENEFITS PROGRAM, OR
THE SCHOOL EMPLOYEES' HEALTH BENEFITS PROGRAM


Chapter 103, P.L. 2006, the Civil Union Law, establishes civil unions for same-sex couples in the State of New Jersey. The law also extends public pension, State Health Benefits Program (SHBP), and School Employees' Health Benefits Program (SEHBP) benefits to same-sex civil union partners of State employees, Local Government and Educational employees, and retirees of these employers in the same manner as those benefits are available to an employee's or retiree's spouse. This law became effective on February 19, 2007.

GENERAL INFORMATION
Fact Sheet #75, Civil Unions
Certifying Officer Letter for Employers — with links to forms (PDF size 76K — requires Acrobat Reader )
Civil Union Certifications accepted from jurisdictions other than New Jersey
Civil Unions and Federal Income Tax
Department of Health and Senior Services
DHSS Civil Union Web site

Effect on Domestic Partnerships — While the Civil Union Law created a new status for same-sex couples within the State of New Jersey, the law is not intended to replace or terminate existing same-sex domestic partnership relationships established under the Domestic Partnership Act (Chapter 246, P.L. 2003).

TAXATION OF CIVIL UNION PARTNER BENEFITS

The Federal Government and the Internal Revenue Service (IRS) do not recognize a civil union partner as a dependent for tax purposes. Therefore, your employer may have to treat a civil union partner's health benefit as a taxable fringe benefit and withhold federal income, Social Security, and Medicare taxes on the value of the premiums paid. The charts and forms below show the taxable value of civil union partner health benefits coverage, and provide additional forms and publications that address the federal "tax dependent" status of civil union partners.

Taxable Imputed Income Charts for Plan Year 2010
Civil Union Partner Imputed Taxable Income Chart for 2010 - State Biweekly Employees (PDF 13K)
Civil Union Partner Imputed Taxable Income Chart for 2010 - State Monthly Employees (PDF 13K)
Civil Union Partner Imputed Taxable Income Chart for 2010 - State Retiree Group (PDF 8K)
Civil Union Partner Imputed Taxable Income Chart for 2010 - Local Government Retiree Group (PDF 12K)
Civil Union Partner Imputed Taxable Income Chart for 2010 - Local Education Retiree Group (PDF 12K)
Civil Union Partner Imputed Taxable Income Chart for 2010 - Chapter 330 Law Enforcement (Local Gov) (PDF 12K)
Civil Union Partner Imputed Taxable Income Chart for 2010 - Chapter 330 Law Enforcement (Local Ed) (PDF 12K)
Taxable Imputed Income Charts for Plan Year 2009
Civil Union Partner Imputed Taxable Income Chart for 2009 - State Biweekly Employees (PDF 8K)
Civil Union Partner Imputed Taxable Income Chart for 2009 - State Monthly Employees (PDF 8K)
Civil Union Partner Imputed Taxable Income Chart for 2009 - Retiree Group
Civil Union Partner Imputed Taxable Income Chart for 2009 - Chapter 330 Group
Tax Dependent Certification Forms
Employee Tax Certification for Civil Union Partner or Domestic Partner Benefit (PDF 12K)
Retiree Tax Certification for Civil Union Partner or Domestic Partner Benefit (PDF 17K)
Internal Revenue Service Information
IRS Tax Topic 354 - Dependents
Information about the taxability of civil union partner health benefit coverage is also available in Fact Sheet #75, Civil Unions (PDF 45K)
Information about the taxability of domestic partner health benefit coverage is also available in Fact Sheet #71, Benefits Under the Domestic Partnership Act (PDF 53K)

 

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Copyright © State of New Jersey, 1996-2009
Division of Pensions and Benefits
PO Box 295
Trenton, NJ 08625-0295

All technical issues regarding this Web site should be sent to the Division of Pensions and Benefits Webmaster. Please do not submit pension or health benefits inquiries to the Webmaster.

Last Updated: November 25, 2009