- Can the University of Michigan still provide same-sex domestic partner benefits to GEO members at this time?
Yes.
- How long can the University continue providing these benefits?
UM has asserted that current benefits will be maintained until the end of GEO’s contract in March 2008. Employees without a contract will maintain their current benefits until the end of the 2007 calendar year. Academic Human Resources has more information on their website.
- What impact do the recent court cases have on the University’s ability to continue this coverage?
On Feb. 2, the Michigan Court of Appeals ruled that the 2004 marriage amendment “prohibits public employers from recognizing same-sex unions for any purpose,” which includes the provision of employee health benefits. The court also added that this ruling should take “immediate effect.” The Michigan American Civil Liberties Union (ACLU) immediately filed an appeal asking for the ruling to be put on hold until the immediacy of the decision could be reconsidered. The ACLU has also appealed the decision to the Michigan Supreme Court. At present, the Michigan Court of Appeals is still considering these filings, as is Michigan’s Supreme Court. This means the Appellate court’s ruling is not yet in effect.
- What is GEO doing to help members and others keep their SSDP benefits?
GEO’s position is to make sure all members and their families have access to health insurance. The loss of coverage for even one member of our team puts GEO’s entire contract at risk. As a collective force, GEO is working to create and implement a more inclusive health care plan to ensure coverage for all members. GEO’s Benefits for All plan protects the right to health care for our families by providing the University of Michigan with a workable solution for maintaining its commitments to its employees.
GEO is building alliances with other groups because we recognize that efforts to preserve benefits will be more effective when we are all united behind a collective goal to end discrimination and expand the right to health care benefits for all. We are talking with other labor unions, both on campus and across Michigan, to formulate political strategies in response to these rulings. We are also supporting the campaigns initiated by other groups on campus and are building relationships with media outlets to discuss the consequences this decision will have at the University of Michigan.
Although option to re-enter bargaining over this issue exists, GEO has decided not to re-open negotiations at this time. We are awaiting the outcome of the appeals filed in the wake of the court’s decision. When final decisions are announced, GEO will reconsider its legal right to re-open bargaining. Members of the GEO benefits team are meeting administrators from Academic Human Resources, the Benefits Office, General Counsel’s Office, and Provost’s Office to stay informed and vocal during this time. Talks will continue throughout the semester.
- What if U-M is required to end SSDP benefits immediately or during the summer?
According to the University’s legal counsel and based on Michigan Attorney General Mike Cox’s advisory opinion issued in 2005, benefits will stay in place as long as GEO’s contract is legally binding. In the case that benefits must change suddenly, GEO will immediately re-open talks to negotiate a new benefits article. GEO is also drafting contingency plans that could be put in place as a stopgap solution should benefits be cut off before a more permanent solution is found.
- What resources are available to SSDPs if benefits are denied?
The University has stated that GEO members, as employees of the University of Michigan, will be available to receive benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA coverage). COBRA allows an individual to purchase health insurance at the group rate for up to three years. However, COBRA requires the individual to pay the full premium, most of which is currently paid for by the university under GEO’s contract.
- What is GEO’s long-term plan for securing benefits for our families?
With the help of the Triangle Foundation, the ACLU and other organizations, GEO is researching a designated beneficiary-based health care plan.
- What is a Designated Beneficiary Health Care Plan?
Under a Designated Beneficiary plan, employees are allowed to select one adult to be covered by their insurance plan, regardless of their personal relationship status. In a designated-beneficiary plan, the designee does not need to be the employee’s spouse or partner, although you do have the option to designate a spouse or partner. Dependents are included in this plan as well.
GEO has met with Human Resources and is working with outside organizations to draft a designated-beneficiary affidavit, which would require designated beneficiaries to meet certain criteria. Although the plan does not refer to marital or domestic partner status as criteria for potential health insurance beneficiaries, the designated beneficiary and the employee would have to demonstrate both financial and legal ties.
- How can I get involved in GEO’s push for a Designated Beneficiary Health Care Plan?
To join our campaign for Benefits for All, or for more information on the issue, please call the GEO office at (734) 995-0221 or email umgeo@umich.edu.
