TN 61 (02-24)

PR 05005.033 New Jersey

 

A. PR 24-002 Marital Status for Surviving Spouse’s Benefits – New Jersey Law – Alleged Opposite-Sex Domestic Partnership

Date: January 11, 2024

1. SYLLABUS

The number holder (NH) was domiciled in New Jersey at the time of death; therefore, we look to New Jersey law to determine if the Claimant is the NH’s widow(er). The Claimant has provided a copy of the State of New Jersey Certificate of Domestic Partnership issued by the New Jersey Health Department showing that they registered their domestic partnership in November 2018. We believe New Jersey courts would find that the Claimant could inherit a spouse’s share under New Jersey intestate succession law based on their valid opposite-sex New Jersey domestic partnership as evidenced by a New Jersey Certificate of Domestic Partnership. Thus, there is legal support for the agency to find that the Claimant is the NH’s widow(er) under the Act for Title II benefit purposes.

2. OPINION

QUESTION PRESENTED

L~ (Claimant) filed an application for widow(er)’s insurance benefits and the lump sum death payment (LSDP) under Title II of the Social Security Act (Act) on the record of the deceased number holder (NH) F~, who died on June XX, 2023, domiciled in New Jersey. You advised that the Claimant alleges that she and the NH entered into a domestic partnership in New Jersey on November XX, 2018. You asked whether the Claimant and the NH had a valid opposite-sex domestic partnership under New Jersey law to determine the Claimant’s marital status for Title II benefits on the NH’s record.

ANSWER

We believe New Jersey courts would find that as of the NH’s death on June XX, 2023, the Claimant could inherit a spouse’s share under New Jersey intestate succession law based on their valid opposite-sex New Jersey domestic partnership entered into on November XX, 2018, as evidenced by a New Jersey Certificate of Domestic Partnership. Thus, there is legal support for the agency to find that the Claimant is the NH’s widow(er) under the Act for Title II benefit purposes. See 42 U.S.C. § 416(h)(1)(A); 20 C.F.R. § 404.345.

BACKGROUND

It is our understanding that the NH died on June XX, 2023, domiciled in New Jersey. You advised that on September XX, 2023, the Claimant filed an application for widow(er)’s insurance benefits and the LSDP on the NH’s record alleging that she entered into a domestic partnership with the NH on November XX, 2018, in Ridgewood, New Jersey. The NH, born March XX, 1937, was 81 years old when they entered into the domestic partnership. The Claimant, born February XX, 1954, was 64 years old when they entered into the domestic partnership. The Claimant provided the NH’s death certificate and their domestic partnership certificate.

The NH’s New Jersey death certificate reflects that the NH and the Claimant were living at the same address in Ridgewood, New Jersey at the time of his death. The Claimant was the informant and she identified herself as his spouse.

A State of New Jersey “Certificate of Domestic Partnership” identifies the NH and the Claimant as domestic partners; shows that they registered their domestic partnership on November XX, 2018 in Ridgewood, New Jersey; and shows that the certificate was issued by the Registrar for the Ridgewood, New Jersey Health Department. The Certificate of Domestic Partnership is signed by the State Registrar for the New Jersey Office of Vital Statistics and Registry. The Certificate of Domestic Partnership states: “The two individuals listed hereon are members of a registered Domestic Partnership recognized by the State of New Jersey. Domestic Partners are entitled to all rights, privileges and responsibilities accorded to domestic partners under New Jersey law.”

ANALYSIS

A. Federal Law: Entitlement to Widow(er)’s Insurance Benefits and the LSDP as a Widow(er)[1]

Under Title II of the Act, a claimant may be entitled to widow(er)’s insurance benefits on a deceased insured individual’s record if, among other requirements, the claimant is the widow(er) of the insured individual and their marriage relationship lasted at least nine months before the insured individual died.[2] See 42 U.S.C. §§ 402(e), (f), 416(a)(2), (c), (g); 20 C.F.R. § 404.335. To be entitled to the LSDP under Title II of the Act, a claimant must establish that the claimant is the widow(er) of an individual who died fully or currently insured, and the claimant was living in the same household as the insured at the time of the insured individual’s death.[3] See 42 U.S.C. § 402(i); 20 C.F.R. §§ 404.390, 404.391.

The agency will find a claimant to be an insured individual’s widow(er) if the courts of the State in which the insured individual was domiciled at the time of death would find that the claimant and the insured individual were validly married at the time the insured individual died, or if, under application of that State’s intestate succession laws, the claimant would be able to inherit a spouse’s share of the insured individual’s personal property. See 42 U.S.C. § 416(h)(1)(A); 20 C.F.R. §§ 404.344, 404.345. Following section 216(h)(1)(A)(ii) of the Act, the agency will treat a couple’s non-marital legal relationship (such as a civil union, domestic partnership, or reciprocal beneficiary relationship) as a marital relationship and consider a claimant to be the insured individual’s widow(er) for Title II benefit purposes if the State of the insured individual’s domicile would allow the claimant to inherit a spouse’s share of the insured individual’s personal property if the individual died without leaving a will. See 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345; POMS GN 00305.005A.

It is our understanding that the NH was domiciled in New Jersey at the time of death on June XX, 2023. Therefore, we look to New Jersey law to determine if the Claimant is the NH’s widow(er).

B. New Jersey State Law: The Right to Inherit as a Spouse’s Share under New Jersey Intestate Succession Law based on a Valid New Jersey Domestic Partnership

1. New Jersey Domestic Partnership Law: After February 19, 2007, New Jersey law authorizes both same-sex and opposite-sex domestic partnerships for persons age 62 years and older. A valid New Jersey domestic partnership established pursuant to the New Jersey Domestic Partnership Act conveys the right to inherit a spouse’s share under New Jersey intestate succession law.

The Claimant has alleged and presented evidence of a New Jersey opposite-sex domestic partnership with the NH entered into on November XX, 2018. New Jersey statutory law authorizes both domestic partnerships and civil unions.[4] New Jersey’s Domestic Partnership Act (DPA) took effect on July 10, 2004, formally recognizing domestic partnerships under New Jersey law and accorded certain rights to registered domestic partners. See N.J. Stat. Ann. §§ 26:8A-1 – 26:8A-13. In December 2006, the New Jersey Legislature enacted the Civil Union Act, which took effect February 19, 2007, and established civil unions that, unlike domestic partnerships, afforded parties to the union all the same rights and benefits of marriage. See N.J. Stat. Ann. §§ 37:1-28—37:1-35. With the Civil Union Act, effective February 19, 2007, the Legislature provided that no domestic partnerships would be registered under the DPA except where the two parties are each 62 years of age or older. See N.J. Stat. Ann. § 26:8A-4.1; see also Department of Health | Vital Statistics | Frequently Asked Questions (nj.gov) (last visited January 11, 2024) (noting, “[a]s of February 19, 2007, domestic partnerships can only be established by couples 62 years of age or older, regardless of whether they are a same-sex or opposite-sex couple.”). The Civil Union Act did not alter the rights and responsibilities of registered domestic partnerships existing prior to February 19, 2007, except that eligible domestic partners would be given notice and opportunity to enter into a civil union, which would operate to terminate their domestic partnership. See N.J. Stat. Ann. § 26:8A-4.1.

As the present claim involves a domestic partnership, not a civil union, we focus on New Jersey’s domestic partnership law under the DPA. In order to establish a valid domestic partnership under the DPA, two persons must meet the requirements of § 26:8A-4(b) and must execute and file an affidavit of domestic partnership with the local registrar. N.J. Stat. Ann. § 26:8A-4(a).

Section 26:8A-4(b) sets forth the following requirements:

(1) both persons have a common residence and are otherwise jointly responsible for each other’s common welfare as evidenced by joint financial arrangements or joint ownership of real or personal property, which shall be demonstrated by at least one of the following: a joint deed, mortgage agreement or lease; a joint bank account; designation of one of the persons as a primary beneficiary in the other person’s will; designation of one of the persons as a primary beneficiary in the other person’s life insurance policy or retirement plan; or joint ownership of a motor vehicle;

(2) both persons agree to be jointly responsible for each other’s basic living expenses during the domestic partnership;

(3) neither person is in a marriage recognized by New Jersey law or a member of another domestic partnership;

(4) neither person is related to the other by blood or affinity up to and including the fourth degree of consanguinity;

(5) both persons are each 62 years of age or older;

(6) both persons have chosen to share each other’s lives in a committed relationship of mutual caring;

(7) both persons file jointly an affidavit of domestic partnership; and

(8) neither person has been a partner in a domestic partnership that was terminated less than 180 days prior to the filing of the current affidavit of domestic partnership, unless one of the partners died.

N.J. Stat. Ann. §§ 26:8A-4(b), 26:8A-4.1.

The local registrar shall receive and file the affidavit of domestic partnership and immediately complete and issue a “Certificate of Domestic Partnership” with the domestic partners’ relevant information and date that the domestic partnership was established. N.J. Stat. Ann. § 26:8A-8(a), (b); see also N.J. Stat. Ann. § 26:8A-3 (defining the content of a “certificate of domestic partnership”). The local registrar files a copy of the Certificate of Domestic Partnership with the local registrar’s records and the State registrar. N.J. Stat. Ann. §§ 26:8A-8(b), (c), 26:8A-9. The DPA provides that “[a]ll persons in domestic partnerships should be entitled to certain rights and benefits that are accorded to married couples under the laws of New Jersey.” N.J. Stat. Ann. § 26:8A-2(d) (emphasis added). The DPA also states that “[t]he obligations that two people have to each other as a result of creating a domestic partnership shall be limited to the provisions of this act.” N.J. Stat. Ann. § 26:8A-6(a). Since January 12, 2006, under New Jersey intestacy law, a surviving domestic partner will inherit a spouse’s share of a decedent’s personal property if the decedent died without leaving a will.[5] See N.J. Stat. Ann. § 3B:5-3 (setting out the intestate share of decedent’s “surviving spouse or domestic partner”); Lewis v. Harris, 908 A.2d 196, 215 (N.J. 2006) (noting New Jersey’s 2005 statutory amendments extending inheritance privileges when deceased domestic partner dies without a will).

2. Application of the Law to the Claim: The Claimant and the NH, both over age 62 at the time, entered into a valid domestic partnership pursuant to the New Jersey DPA, as evidenced by a New Jersey Certificate of Domestic Partnership.

Here, the Claimant has provided a copy of the State of New Jersey Certificate of Domestic Partnership issued by the Registrar for the Ridgewood, New Jersey Health Department showing that they registered their domestic partnership on November XX, 2018. Given that they were issued a Certificate of Domestic Partnership, we can assume that the local registrar found that the met the statutory requirements under the DPA for establishing a domestic partnership and the affidavit requirement. See N.J. Stat. Ann. §§ 26:8A-4, 26:8A-4.1. Importantly, the NH, born March XX, 1937, was 81 years old when they entered into the domestic partnership in 2018. The Claimant, born February XX, 1954, was 64 years old when they entered into the domestic partnership in 2018. Thus, they met the requirement that after February 19, 2007, both partners must be age 62 or older to enter into a domestic partnership. See N.J. Stat. Ann. § 26:8A-4.1. The Certificate of Domestic Partnership appears to comply with the law as it identifies the full names for the NH and the Claimant as the domestic partners; shows that they registered their domestic partnership on November XX, 2018 in Ridgewood, New Jersey; and shows that the certificate was issued by the Registrar for the Ridgewood, New Jersey Health Department and signed by the State Registrar for the New Jersey Office of Vital Statistics and Registry. See N.J. Stat. Ann. §§ 26:8A-3, 26:8A-8, 26:8A:9. Further, the Certificate of Domestic Partnership states: “The two individuals listed hereon are members of a registered Domestic Partnership recognized by the State of New Jersey. Domestic Partners are entitled to all rights, privileges and responsibilities accorded to domestic partners under New Jersey law.” See N.J. Stat. Ann. § 26:8A-3. Thus, with this Certificate of Domestic Partnership, the Claimant has provided evidence that she and the NH entered into a domestic partnership in accordance with the New Jersey DPA. There is no information indicating that their domestic partnership terminated before the NH’s death on June XX, 2023. As detailed above, as the Claimant is the NH’s surviving domestic partner at the time of his death, she is entitled to intestate inheritance of a spouse’s share from the NH under New Jersey intestate succession law. See N.J. Stat. Ann. § 3B:5-3 (intestate share of decedent’s surviving spouse or domestic partner), § 26:8A-2(d) (legislative findings and declarations as to the rights of domestic partnerships).

In summary, we believe New Jersey courts would find that the Claimant could inherit a spouse’s share from the NH as a surviving domestic partner under New Jersey intestate succession law based on their valid New Jersey opposite-sex domestic partnership, as evidenced by the Certificate of Domestic Partnership. See 42 U.S.C. § 416(h)(1)(A)(ii); POMS PR 05845.033 New Jersey, A. PR 19-014 Entitlement to Surviving Domestic Partner’s Benefit on the Account of Number Holder – Validity under New Jersey Law (Oct. 23, 2018) (advising that the New Jersey domestic partnership was validly entered into in November 2008 and conferred intestacy rights under New Jersey law).

CONCLUSION

We believe New Jersey courts would find that as of the NH’s death on June XX, 2023, the Claimant could inherit a spouse’s share under New Jersey intestate succession law based on their valid opposite-sex New Jersey domestic partnership entered into on November XX, 2018, as evidenced by a New Jersey Certificate of Domestic Partnership. Thus, there is legal support for the agency to find that the Claimant is the NH’s widow(er) under the Act for Title II benefit purposes. See 42 U.S.C. § 416(h)(1)(A); 20 C.F.R. § 404.345.

B. PR 23-016 Marital Status for Widow(er)’s Insurance Benefits: Arizona Law – Alleged Opposite-Sex Domestic Partnership between Deceased Number Holder

Date: October 2, 2023

1. SYLLABUS

The number holder (NH) died while domiciled in Arizona. The Claimant alleged that she and the NH entered into an opposite-sex domestic partnership in Hazelton, New Jersey in 1976. There is no evidence of a New Jersey domestic partnership or civil union. We believe Arizona courts would find that the Claimant and the NH were not validly married under Arizona law at the time of the NH’s death and that the Claimant could not inherit a spouse’s share under Arizona intestate succession law based on any alleged opposite-sex domestic partnership. Therefore, we believe there is legal support for the agency to find that the Claimant is not the NH’s widow for purposes of her claim for Title II widow’s insurance benefits on the NH’s record.

2. OPINION

QUESTION PRESENTED

For purposes of her application for widow’s insurance benefits under Title II of the Social Security Act (Act), you asked whether the claimant R~ (Claimant) is the widow of the deceased number holder (NH) W~, where the opposite-sex couple allegedly entered into a domestic partnership in New Jersey and Arizona and the NH died domiciled in Arizona on July XX, 2014.

ANSWER

We believe Arizona courts would find that the Claimant and the NH were not validly married under Arizona law at the time of the NH’s death on July XX, 2014, and that the Claimant could not inherit a spouse’s share under Arizona intestate succession law based on any alleged opposite-sex domestic partnership. Therefore, we believe there is legal support for the agency to find that the Claimant is not the NH’s widow for purposes of her claim for Title II widow’s insurance benefits on the NH’s record.

BACKGROUND

The NH died on July XX, 2014, domiciled in Arizona. You advised that on August XX, 2019, the Claimant filed for widow’s insurance benefits alleging that she and the NH were in an opposite-sex non-marital legal relationship. You further advised that the Claimant alleged that she and the NH entered into an opposite-sex domestic partnership in Hazelton, New Jersey on October XX, 1976, and that they were living together in Arizona at the time of the NH’s death on July XX, 2014. There is no evidence of a New Jersey domestic partnership or civil union.

In support of her claim that they had a domestic partnership, the Claimant provided a letter from the Arizona State Retirement System (ASRS) dated December XX, 2011, showing that ASRS health insurance approved the Claimant’s request to enroll as the NH’s domestic partner. A letter from ASRS advised that effective January XX, 2009, ASRS health insurance coverage was extended to eligible member’s same-sex and opposite-sex domestic partners. Further, the letter stated that “[a] domestic partnership is a legal and personal relationship between two individuals who live together and share a common domestic life but are neither joined by a traditional marriage nor a civil union that is recognized by the State of Arizona.” The Claimant completed an ASRS Qualified Domestic Partner Declaration of Tax Status form on November XX, 2008 and again on November XX, 2011, stating that the NH was her qualified domestic partner. On November XX, 2011, she also completed an ASRS Qualified Domestic Partner Affidavit certifying that she and the NH were partners and had been domestic partners since July XX, 1976.

ANALYSIS

A. Federal Law: Entitlement to Widow(er)’s Insurance Benefits as a Widow(er)

Under Title II of the Act, a claimant may be entitled to widow(er)’s insurance benefits on a deceased insured individual’s record if, among other requirements, the claimant is the widow(er) of the insured individual and their marriage relationship lasted at least nine months before the insured individual died. See 42 U.S.C. §§ 402(e), (f), 416(a)(2), (c), (g); 20 C.F.R. § 404.335. The agency will find a claimant to be an insured individual’s widow(er) if the courts of the State in which the insured individual was domiciled at the time of death would find that the claimant and the insured individual were validly married at the time the insured individual died, or if, under application of that State’s intestate succession laws, the claimant would be able to inherit a spouse’s share of the insured individual’s personal property. See 42 U.S.C. § 416(h)(1)(A); 20 C.F.R. §§ 404.344, 404.345.

It is our understanding that the NH was domiciled in Arizona when he died in 2014. Therefore, we look to Arizona law to determine if the Claimant is the NH’s widow.

B. State Law: No Evidence of a Valid Marriage under Arizona Law

We first consider whether the NH and the Claimant were validly married at the time the NH died in Arizona in 2014. See 42 U.S.C. § 416(h)(1)(A)(i). The Claimant has not presented evidence or alleged that she and the NH obtained a marriage license and participated in a solemnized marriage ceremony before an authorized person in accordance with either Arizona or New Jersey marriage laws. See Ariz. Rev. Stat. Ann. §§ 25-111 - 25-125; N.J. Stat. Ann. §§ 37:1-2 – 37:1-19. Further, we note that Arizona does not recognize common-law marriage contracted within its borders. See Ariz. Rev. Stat. Ann. § 25-111; Barnett v. Jedynak, 200 P.3d 1047, 1050 (Ariz. Ct. App. 2009); Grant v. Smith, 555 P.2d 895, 897 (Ariz. Ct. App. 1976); POMS GN 00305.075B. Similarly, New Jersey has not recognized common-law marriage contracted within New Jersey since 1939. See N.J. Stat. Ann. § 37:1-10; Yaghoubinejad v. Haghighi, 894 A.2d 1173, 1174-1175 (N.J. Super. Ct. App. Div. 2006);POMS GN 00305.075B. Thus, assuming that the couple has always lived in New Jersey and Arizona, there can be no claim of a common-law marriage.

Accordingly, there is no evidence of a valid marriage under Arizona or New Jersey law. As such, we believe Arizona courts would find that the NH and the Claimant were not validly married at the time of the NH’s death in 2014.

C. State Law: No Right to Inherit a Surviving Spouse’s Share under Arizona Intestate Succession Law Based on an Alleged Domestic Partnership

Following section 216(h)(1)(A)(ii) of the Act, the agency will treat a couple’s non-marital legal relationship (such as a civil union, domestic partnership, or reciprocal beneficiary relationship) as a marital relationship and consider a claimant to be the insured individual’s widow(er) for Title II benefit purposes if the State of the insured individual’s domicile would allow the claimant to inherit a spouse’s share of the insured individual’s personal property if the individual died without leaving a will. See 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345; see also POMS GN 00305.005A (non-marital legal relationships can be treated as marital relationships for Title II benefit purposes). Applying this standard, we consider whether the Claimant could inherit a spouse’s share under Arizona intestate succession law at the time of the NH’s death in Arizona in 2014 based on an alleged domestic partnership in New Jersey or Arizona. See 42 U.S.C. § 416(h)(1)(A)(ii).

1. No Evidence of a Valid Domestic Partnership under Arizona Law or New Jersey Law

First, the Claimant has not provided evidence of an Arizona or New Jersey domestic partnership valid under State law. She claimed that they entered into a domestic partnership in New Jersey in 1976. Although current New Jersey statutory law authorizes both domestic partnerships and civil unions, the Claimant has not presented evidence of a valid New Jersey domestic partnership or civil union in accordance with New Jersey law.[6] Instead, the Claimant seems to rely upon her claim that they were living as domestic partners and receipt of insurance coverage under the Arizona State Retirement System (ASRS) as the NH’s domestic partner. While the Claimant may have been able to obtain health insurance coverage through ASRS as the NH’s domestic partner by completing an affidavit and application, Arizona statutes do not provide for or authorize the establishment of state-wide non-marital legal relationships, including domestic partnerships.[7] Thus, the Claimant has not provided evidence of an Arizona or New Jersey domestic partnership valid under any State law.

2. No Right to Inherit as a “Surviving Spouse” under Arizona Intestate Succession Law based on an alleged Domestic Partnership

Second, even if there had been evidence of a domestic partnership, Arizona intestacy law provides that a decedent’s “surviving spouse” may inherit a share of the decedent’s personal property not otherwise disposed of by will. See Ariz. Rev. Stat. Ann. § 14-2102 (intestate share of surviving spouse). Arizona’s intestacy laws do not define the term “surviving spouse.” See Ariz. Rev. Stat. Ann. § 14-1201 (defining terms). Neither Arizona statutes nor case law expressly provide that domestic partners or members of a civil union may inherit in the same manner as a married couple under Arizona intestate succession law. Case law indicates that Arizona courts would apply the plain meaning of the term “surviving spouse” as a person who was married to the deceased at the time of his or her death. See Parada v. Parada, 999 P.2d 184, 187-188 (Ariz. 2000) (applying the plain meaning of the statute concerning death benefits to interpret “surviving spouse” in a defined benefit plan statute to mean “married person” at the time of death, not the decedent’s divorced spouse). Thus, the plain language of the intestate succession statute indicates that only a party to a valid marriage can inherit as a “surviving spouse.” Consequently, in the absence of a valid marriage, we believe Arizona courts would find that the Claimant could not inherit from the NH as a surviving spouse under Arizona intestate succession law.

CONCLUSION

We believe Arizona courts would find that the Claimant and the NH were not validly married under Arizona law at the time of the NH’s death on July XX, 2014, and that the Claimant could not inherit a spouse’s share under Arizona intestate succession law based on any alleged domestic partnership. Therefore, we believe there is legal support for the agency to find that the Claimant is not the NH’s widow for purposes of her claim for Title II widow’s insurance benefits on the NH’s record.


Footnotes:

[1]

There are other requirements that must be met for widow(er)’s insurance benefits and the LSDP that we do not address in this legal opinion. Consistent with your legal opinion request, our legal opinion concerns the marital relationship between the NH and the Claimant.

[2]

The marriage must have lasted for at least nine months immediately before the day the insured individual died. See 20 C.F.R. § 404.335(a); POMS GN 00305.100. Under certain conditions, the agency will deem the nine-month marriage duration requirement to be met, and there are alternatives to meeting the marriage duration requirement. See 20 C.F.R. § 404.335(a)(2)-(4).

[3]

“Living in the same household” means that the claimant and the insured individual “customarily lived together as husband and wife in the same residence.” 20 C.F.R. § 404.347; see also POMS RS 00210.035A.3 (the couple “must have shared a temporary or permanent residence for at least part of a day following the beginning of the marital relationship”). If the claimant cannot meet the living-in-the-same-household requirement, the claimant must meet the nine-month marriage duration requirement for widow(er)’s benefits or another alternative to be entitled to the LSDP. See 20 C.F.R. §§ 404.390-404.392; see also POMS RS 00210.001.

[4]

The State of New Jersey Department of Health’s website provides information on applying for a marriage license, civil union license, and domestic partnership. Department of Health | Vital Statistics | Registration of Vital Events (nj.gov) (last visited January 11, 2024).

[5]

Notwithstanding New Jersey intestacy law and the limited rights and benefits accorded by the DPA, registered domestic partners do not have the full or same rights of married couples under New Jersey law. For example, domestic partners do not share all the same property rights, workplace protections, and family law protections as married couples. See Lewis, 908 A.2d at 215-16 (N.J. 2006) (listing rights afforded to married couples that are denied to domestic partners); see also Jiwungkul v. Dir., Div. of Taxation, 161 A.3d 767, 768-69 (N.J. Super. Ct. App. Div. 2017) (holding failure of DPA to treat domestic partners the same as married couples for estate tax purposes was not unconstitutional where State had made all rights and benefits of marriage available to same sex partners through civil unions and marriages). In summary, although New Jersey law provides for the establishment of domestic partnerships, it also provides that such a relationship is not the equivalent of marriage and conveys only certain rights, benefits, and obligations as set forth in the law. One such right accorded to domestic partners under New Jersey law is the right to inherit a spouse’s share under New Jersey intestate succession law. It is this right to intestate inheritance that is most relevant to our consideration of a domestic partnership as a marital relationship for Title II benefits. See 42 U.S.C. § 416(h)(1)(A)(ii).

[6]

New Jersey’s Domestic Partnership Act (DPA) took effect on July 10, 2004, formally recognizing domestic partnerships under New Jersey law and accorded certain rights to registered domestic partners. See N.J. Stat. Ann. §§ 26:8A-1 – 26:8A-13. In December 2006, the New Jersey Legislature enacted the Civil Union Act, which took effect February 19, 2007, and established civil unions that, unlike domestic partnerships, afforded parties to the union all the same rights and benefits of marriage. See N.J. Stat. Ann. §§ 37:1-28—37:1-35. With the Civil Union Act, effective February 19, 2007, the Legislature provided that no domestic partnerships would be registered under the DPA except where the two parties are each 62 years or older. See N.J. Stat. Ann. § 26:8A-4.1. The Civil Union Act did not alter the rights and responsibilities of registered domestic partnerships existing prior to February 19, 2007, except that eligible domestic partners would be given notice and opportunity to enter into a civil union, which would operate to terminate their domestic partnership. See id.

[7]

Some Arizona municipalities provide for and confer limited rights to domestic partners under local laws. See Phoenix City Code §§ 18-401, 18-405; Tucson City Code, Chapter 17, Article IX, § 17-72. Arizona law recognizes domestic partnerships, but only in specific and limited contexts. For example, a domestic partner can serve as a “surrogate decision maker” for an individual if the individual is not married, see Ariz. Rev. Stat. § 36-3231(A)(4), and can make an anatomical gift from a decedent if no one else assumed financial responsibility for the decedent, see Ariz. Rev. Stat. § 36-848(a)(5). It is our understanding per information on the ASRS website and from the ASRS documents provided by the Claimant that beginning in 2009 and until same-sex marriage was legalized in Arizona in 2014, the ASRS offered the option of domestic partner health insurance coverage. The ASRS no longer offers this option for domestic partners. SeeInformation for same-sex married members | Arizona State Retirement System (azasrs.gov) (last visited Oct. 2, 2023).


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1505005033
PR 05005.033 - New Jersey - 02/02/2024
Batch run: 11/22/2024
Rev:02/02/2024