Скачать презентацию The California Domestic Partner Rights and Responsibilities Act Скачать презентацию The California Domestic Partner Rights and Responsibilities Act

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The California Domestic Partner Rights and Responsibilities Act (AB 205) Implications for Student Financial 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, 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 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 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 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 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 & 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 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 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 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 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 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 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 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 Sample Documentation 15

Implications for Financial Aid: Communicating with Students n n n Provisions need to be 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 How is the Actually Being Implemented? n By CSAC n By UC 17

Implementation Steps University of California Santa Cruz Implementation Steps University of California Santa Cruz

Internal Planning n n n Workgroup of 4 financial aid advisers Collaboration with campus 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 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 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 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: 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 Questions/Discussion 24