An individual must meet all factors of general eligibility before we approve an SEP
request. For general eligibility requirements, see HI 00805.270.
Same-sex marriages are treated the same as opposite-sex marriages for purposes of
the SEP. The gender of the married individuals, domicile and date of marriage are
not factors in determining eligibility for the SEP.
Aged individuals in other legal relationships (same-sex or opposite-sex), such as
civil unions and domestic partnerships, at the time of the SEP request are not considered
spouses and do not meet eligibility requirements for the SEP.
Disabled individuals in other legal same-sex relationships (same-sex or opposite-sex),
such as civil unions and domestic partnerships, are not considered spouses, but may
be considered family members for purposes of eligibility for the SEP. EXCEPTION: California
same-sex domestic partnerships registered with the Secretary of State, or California
opposite-sex domestic partnerships registered with the Secretary of State in which
at least one member of the partnership meets the eligibility requirements for old-age
Social Security insurance benefits, and one or both members are over age 62 years.
The "eligible for old-age Social Security insurance benefits and over age 62 years"
requirement does not apply to California same-sex domestic partnerships. However,
in either case, the couple must have registered their domestic partnership with the
California Secretary of State. Domestic partnerships registered with a municipality
in California do not convey the same spouse-like rights as State-registered domestic
partnerships.
For a description of terms used in the SEP, except as explicitly stated here, see
HI 00805.266. For more information about SEP enrollments, see HI 00805.275.