The California Domestic Partner Rights and Responsibilities Act (AB 205) Implications for Student Financial Aid 2004 CASFAA Conference
California Domestic Partner Rights and Responsibilities Act of 2003 n Became law in September, 2003 n Becomes effective on January 1, 2005 2
What Does the Act Do? n n Generally, it extends many of the same n “rights, protections, and benefits”, & n “responsibilities, obligations, and duties” to Registered Domestic Partners as are granted to spouses under California law Greater equity with married couples is the basic principle 3
It’s Not Just About Benefits n Many private employers and public entities have extended spousal benefits to DPs in recent years n n Generally “good news” for DPs The Act is not just about extending benefits – it extends obligations as well n Basic principle is to treat domestic partners more like spouses 4
What Is the Scope of the Act? n n Affects: How Partnerships are Established and Terminated Parenting Rights and Obligations Community Property Employee Benefits State and Public Institutional Financial Aid Excludes: Federal laws California income tax filing status 5
Who is Covered by the Act? n n n Applies to all California Domestic Partnerships in effect on or after January 1, 2005 A formal California Domestic Partnership filed with the Secretary of State is required Applies to similar legal unions (other than marriage) entered into in other states 6
What Financial Aid Programs Does the Act Affect? State Aid Institutional Outside Aid & Federal Agency (Incl. Cal Aid Awards Grants) Scholarships Public institutions P Private institutions P P 7
What Aid Applicants are Affected? n n n Students in a CA Domestic Partnership on or after January 1, 2005 Dependent students whose custodial parent is in a CA Domestic Partnership on or after January 1, 2005 Includes partnerships formed before January 1 if they are still in effect on January 1 8
How Does the Act Affect Eligibility for State and Institutional Aid? n For n Dependent students in a DP, n Independent students in a DP, and n Dependent students whose parent is in a DP, the Act may change the resources that are considered when determining eligibility for need-based aid 9
Whose Resources are Considered? Three Examples Prior to January 1 Single Dependent Student in Student DP Married Student Yes Yes Student’s Spouse/DP No No Yes Custodial Parent Yes No Parent’s Spouse Parent’s DP Yes No No No 10
Whose Resources are Considered? Three Examples After January 1 Single Dependent Student in DP Married Student Yes Yes Student’s Spouse/DP No No / Yes Custodial Parent Yes / No No Parent’s Spouse Parent’s DP Yes No / Yes / No No Red=Federal Green=State & Inst. Black=Both 11
Implications for Financial Aid: The Application Process n n Institution will need to collect more information about more parties n Is student or the student’s parent in a DP? n Determine resources of relevant DP FAFSA won’t provide all the necessary information n Not designed to capture information about DP’s assets, resources, etc. 12
Implications for Financial Aid: Packaging n Students should receive packages that are equivalent to those received by married students, based on your packaging policies n n n The specific impact depends on your packaging policies At UC, the key standard is the expected contribution from work and borrowing Integration with federal aid is required to avoid over-awards n Adds complexity to packaging 13
Implications for Financial Aid: Verification n n Students and parents should document their DP status under the same circumstances in which married students and parents do Document can be either: n Their “Declaration of Domestic Partnership” filed with (and stamped by) the Secretary of State, or n A “Certificate of Domestic Partnership” (available upon request from the CA Secretary of State’s Office) 14
Sample Documentation 15
Implications for Financial Aid: Communicating with Students n n n Provisions need to be communicated to students Message is complex: n Some students will benefit, but it will reduce aid for some students Remember: law is about treating partnerships and marriages more similarly n Not just about extending new benefits 16
How is the Actually Being Implemented? n By CSAC n By UC 17
Implementation Steps University of California Santa Cruz
Internal Planning n n n Workgroup of 4 financial aid advisers Collaboration with campus GLBT group Campus-wide luncheon n n Staff/Faculty program Dale Boutiette, attorney (GLBT family law) Outreach to students Staff training Data gathering (AB 205 info packet) 19
Outreach Strategies n n n Rely on GLBT community Email to all students Message on website Insure staff knows how to handle inquiries Student newspaper(s) 20
AB 205 Information Packet n n What is AB 205 Sample documentation of DM Forms Q&A 21
How is Aid Affected for the 2004 -05 Academic Year? n n n If the student (or parents) were in a DP when they filed a 2004 -05 FAFSA, aid for the remainder of 2004 -05 (after January 1) should be adjusted if the student notifies the Financial Aid Office If the student (or parent) entered into a DP after filing their 2004 -05 FAFSA, aid package for 2004 -05 should be unaffected The same policy applies to students who get married after filing their FAFSA 22
For More Information… n UC implementation guidelines and a sample presentation for students: http: //www. ucop. edu/sas/sfs/ Click on “Programs & Policy” 23
Questions/Discussion 24
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