A. Employee Benefits

2.   Benefits Eligibility Contribution Levels -- Status Employment. All status USNH employees are eligible to participate in the benefits program as described below. The percent time of appointment and/or salary determines the basis of eligibility and contribution.

2.1   Full-time Appointment (100%). Employees with a status appointment of 100% time are eligible to participate in the USNH benefits program.

2.1.1   Employee/employer contribution for the Flex Plus Option B and any other medical plans with premiums below that of USNH's standard plan, Plan B, are based on the cost sharing formula described below. Any plan with premium or cost in excess of the standard Plan B will have the same contribution percentage as that for Plan B. These are the contribution rates in effect as of January 1, 2009:

2.1.2   There are no contributions required for the Flex Plus individual Option B dental, life and long term disability plan.

2.1.3   Contributions to the retirement plan are based on the option selected and the employee's regular budgeted earnings. The formulas for tuition benefit contributions are defined in the tuition waiver policy USY V.A.9.

2.2   Percent Time Appointment (75-99%). Employees with a status appointment of 75-99% time are eligible to participate in the Flexible Benefits Plan, the retirement plan, and the tuition waiver plan. For contributions schedule please see USY V.A.2.1.1 - 3.

2.3   Percent Time Appointment (50-74%). Employees with a status appointment of 50-74% time are covered by the programs listed in USY V.A.2.3.1 and are also eligible to participate in the medical and Option B equivalents of dental, life, long term disability, and retirement and tuition waiver plan.

2.3.1   Employee Contribution Schedule. Medical Plan -- Employee contribution as outlined in USY V.2.1.1 plus 50% of the employer's contribution; Dental Plan -- 50% of the individual premium or, when elected, USNH will contribute 50% of the individual premium towards the cost of a two person or family plan. Life and long term disability plans -- 50% of premium based on regular budgeted earnings.

2.4   Percent Time Appointment (49% or less). Employees with status appointments of 49% or less are covered by workers' compensation, unemployment compensation, liability insurance coverage and the social security benefits program.

2.4.1   Where applicable USNH contributions to these plans comply with federal and state laws. There are no employee contributions for workers' compensation, unemployment compensation, or liability insurance coverage.

2.5   Definition of eligibility for coverage of USNH family members. USNH definitions for coverage of spouses and/or dependents are defined in plan summary documents for each benefit. Those documents will include coverage for the spouse or partner (and the dependents of such spouse or partner) of USNH employees who are legally married or legally civil-unioned¹, or who have received a hardship exception pursuant to section 2.5.1, as provided below. Civil union partners and domestic partners who are eligible under the hardship exception are considered equivalent to a legally-recognized spouse for the purposes of USNH policies. The requirements to submit documentation of a civil union or marriage will be administered in the same way. Summary plan documents for medical benefits also include a description of a one-time new hire option for medical coverage for 60 days for those same sex partners who move to NH upon hire from a state which does not have a civil union or civil marriage option.

2.5.1   A benefits-eligible USNH employee may apply for a hardship exception to the above eligibility requirement that compels them to be in a legally-recognized marriage or civil union in order to obtain benefits for their domestic partner. Application for a hardship exception must provide appropriate details and documentation of the circumstances that warrant a hardship exception. Hardship exceptions will be granted only for a set period of time, after which the employee must re-establish that the conditions which give rise to the hardship continue to exist Hardship exceptions will only be granted where:

2.5.1.1   The USNH employee is legally resident in a jurisdiction that does not allow their marriage or civil union;

2.5.1.2   Marriage or civil union would result in the USNH employee or their domestic partner losing a cognizable legal right or privilege that would not be lost but for the sexual orientation of the partners to the marriage or civil union (e.g., eligibility for military service); or

2.5.1.3   Circumstances exist that constitute an undue hardship to warrant exception to the requirement that the employee enter into a marriage or civil union. The determination as to whether an undue hardship exists under section 2.5.1.3 will be determined by a three-person committee established for each USNH institution, which will include a member of USNH Human Resources, the institution's Human Resources, and another member of the institution.

2.5.2   Applications for a hardship exception must include an affidavit certifying that the relationship meets the following criteria:

2.5.2.1   The partners have been each other's sole partner for at least six (6) months and plan to remain so indefinitely;

2.5.2.2   Either (a) the employee is legally resident in a jurisdiction that does not allow their marriage or civil union; (b) marriage or civil union would result in the employee or their domestic partner losing a cognizable legal right or privilege that would not be lost but for the sexual orientation of the partners to the marriage or civil union; or (c) circumstances exist that constitute an undue hardship to warrant exception to the requirement that the employee enter into a marriage or civil union. The applicant must provide appropriate details and documentation related to this section 2.5.2.2.

2.5.2.3   Neither partner is legally married or civil-unioned to another individual, and their relationship is otherwise eligible for recognition as a legal marriage or civil union under the law of the State of New Hampshire (e.g., neither party is a minor nor are the parties related by blood to a degree that would prohibit marriage or civil union);

2.5.2.4   The partners are each at least eighteen (18) years of age and are mentally competent to consent to contract;

2.5.2.5   The partners are responsible for each other's common welfare and financial obligations as defined in the section on procedural requirements.

2.5.3   The USNH Human Resources office shall establish a procedure to register eligible domestic partnerships that have been approved for a hardship exception. This will include a partnership form requiring the signature of both partners which shall be notarized.

2.5.3.1   The affidavit must indicate two (2) forms of evidence of responsibility for each other's common welfare and financial obligations, from the following list (items a-e): a) a legally executed domestic partnership agreement or contract; b) joint mortgage or joint ownership of primary residence; c) two (2) items from the following: (c.1) joint title to a motor vehicle; (c.2) joint banking account; (c.3) joint credit account; (c.4) joint lease; d) designation of the domestic partner as primary beneficiary on the employee's will, retirement contract or life insurance; e) designation of the domestic partner in durable property or health care powers of attorney.

2.5.4   Submission of application and affidavit. The completed application for hardship exception and affidavit will be submitted at the campus Human Resources Office or System Human Resources Office.

2.5.4.1   Upon submission, the application and affidavit will be reviewed for accuracy and completeness, compliance with policy, for notarization of the affidavit, and for indication of evidence of hardship pursuant to section 2.5.1 and of responsibility for common welfare and financial obligations.

2.5.5   Termination of Domestic Partnership

2.5.5.1   Any employee who is receiving benefits in a domestic partnership pursuant to a hardship exception under section 2.5.1 will notify the campus Human Resources Office or System Human Resources Office of the termination of a domestic partnership by completing the form "Termination of Domestic Partnership" within thirty (30) days of the termination of the domestic partnership.

2.5.5.2   The written termination statement affirms that a copy of the termination statement has been mailed to the other partner.

2.5.5.3   The original is to be filed at the campus Human Resources Office or System Human Resources Office.

2.5.5.4   By USNH policy, a domestic partner is eligible for COBRA medical and dental options upon termination of the domestic partnership.

2.5.6   Taxation. The University System will comply with all state and federal laws regarding the taxation of employee benefits.

2.5.7   Change in Law. In the event that applicable state or federal law (or the law of any other applicable jurisdiction) is changed so as to impede the intent of this section 2.5. to provide access to medical and dental benefits without regard to employees’ sexual orientation, USNH and its component institutions will endeavor to achieve this intent under the existing law.

¹ Civil union is the legal term currently used in New Hampshire to designate a civil relationship between same-sex parties that is equivalent to marriage. For purposes of this policy, civil union refers to any civil "marriage-equivalent" relationship between same-sex partners that is recognized by law, by whatever name designated. Civil union and marriage are not intended to include common law marriage, even if such relationship is recognized by law in the jurisdiction of the employee's residence.
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