Vermont:
1.
The following requirement applies:
Purpose: Vermont law requires that health insurers offer coverage to parties to a civil union
that is equivalent to coverage provided to married persons.
Definitions, Terms, Conditions and Provisions: The definitions, terms, conditions or any
other provisions of the policy, contract, certificate and/or riders and endorsements to which this
mandatory endorsement is attached are hereby amended and superseded as follows:
1)
Terms that mean or refer to a marital relationship, or that may be construed to mean or
refer to a marital relationship, such as "marriage", "spouse", "husband", "wife",
"dependent", "next of kin", "relative", "beneficiary", "survivor", "immediate family"
and any other such terms, include the relationship created by a civil union established
according to Vermont law.
2)
Terms that mean or refer to the inception or dissolution of a marriage, such as "date of
marriage", "divorce decree", "termination of marriage" and any other such terms include the
inception or dissolution of a civil union established according to Vermont law.
3)
Terms that mean or refer to family relationships arising from a marriage, such as “family”,
“immediate family”, “dependent”, “children”, “next of kin”, “relative”, “beneficiary”,
“survivor” and any other such terms include family relationships created by a civil union
established according to Vermont law.
4)
"Dependent" means a spouse, a party to a civil union established according to Vermont
law, and a child or children (natural, stepchild, legally adopted or a minor or disabled
child who is dependent on the insured for support and maintenance) who is born to or
brought to a marriage or to a civil union established according to Vermont law.
5)
"Child or covered child" means a child (natural, step-child, legally adopted or a minor or
disabled child who is dependent on the insured for support and maintenance) who is born
to or brought to a marriage or to a civil union established according to Vermont law.
CAUTION: FEDERAL LAW RIGHTS MAY OR MAY NOT BE AVAILABLE
Vermont law grants parties to a civil union the same benefits, protections and
responsibilities that flow from marriage under state law. However, some or all of the
benefits, protections and responsibilities related to health insurance that are available to
married persons under federal law may not be available to parties to a civil union. For
example, federal law, the Employee Income Retirement Security Act of 1974 known as
“ERISA”, controls the employer/employee relationship with regard to determining
eligibility for enrollment in private employer health benefit plans. Because of ERISA, Act
91 does not state requirements pertaining to a private employer’s enrollment of a party to a
civil union in an ERISA employee welfare benefit plan. However, governmental employers
(not federal government) are required to provide health benefits to the dependents of a party
to a civil union if the public employer provides health benefits to the dependents of married
persons. Federal law also controls group health insurance continuation rights under COBRA
for employers with 20 or more employees as well as the Internal Revenue Code treatment of
health insurance premiums. As a result, parties to a civil union and their families may or
may not have access to certain benefits under the policy, contract, certificate, rider or
endorsement that derive from federal law. You are advised to seek expert advice to
determine your rights under this contract.