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New Hampshire Domestic Partner Benefits: What you need to know

New Hampshire legally recognizes marriage between two individuals of the same sex (House Bill 73). Civil unions are no longer permitted under the law.
The new law may have little practical effect on employers in New Hampshire because the state's existing same-sex civil union law requires that parties to a civil union have all the same rights, obligations, and legal responsibilities as married heterosexual couples.
Same-sex marriages or civil unions entered into outside the state are valid in New Hampshire, unless the relationship violates state law.
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A same-sex civil union entered into before the same-sex marriage law took effect will convert into a marriage by operation of law after January 1, 2011 if the civil union has not been dissolved or annulled by the parties or merged into a marriage before that date.
Self-funded health insurance plans governed by ERISA are subject to the restrictions of the federal Defense of Marriage Act (DOMA), which defines a "spouse" as a person of the opposite sex who is a husband or wife. Therefore, employers with self-funded insurance plans will not be required to offer coverage to an employee's civil union partner or same-sex spouse. However, employers may choose to provide coverage.
Fully insured health plans are subject to state laws. Although New Hampshire's civil union and same-sex marriage law does not directly address insurance benefits, it is very likely that fully insured health plans will be subject to the law, and employers offering employees state-regulated coverage will be required to offer coverage to employees' civil union partners on the same terms offered to employees' spouses.
Likewise, health plans sponsored by state public ...

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New Hampshire Domestic Partner Benefits Resources

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