Do domestic partners qualify for continuation?
The N.J. Small Group contract defines Domestic Partners as spouses, but under the Federal Defense of Marriage Act of 1996 law, Domestic Partners do not qualify as spouses for COBRA purposes. However, an employer may choose to provide COBRA-like rights to domestic partners. In this case, legal assistance is advised, as clear eligibility criteria, special plan documents, notices, and the agreement of the insurance carrier are required.