Date: Sat, 01 Mar 1997 12:40:06 -0600 From: "William B. Kelley" Following is the exact text of the proposed ordinance introduced February 26 in the Chicago City Council, with mayoral support and 30 cosponsors out of 50 aldermen, to provide fringe benefits, including health coverage, for the designated domestic partners of employees of city government.=20 It has been referred to the Committee on Finance and appears to be on a fast track, with final Council passage possible by March 19. As you can see, it excludes unmarried opposite-sex partners who wish to remain unmarried, with the result that married opposite-sex partners will enjoy an advantage over them (despite U.S. and Illinois equal-protection clauses; U.S., Illinois, and Chicago prohibitions of sex and marital-status discrimination; and Chicago prohibition of sexual-orientation discrimination). It also requires a 12-month waiting period before any new same-sex partner can be designated for benefits. ------------------------------------------------------------------------ O R D I N A N C E BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. Chapter 2-152 of the Municipal Code of Chicago is hereby amended by inserting a new Section 2-152-072, as follows: 2-152-072 Eligibility for benefits=97Qualified domestic partners. A qualified domestic partner, as defined in this section, of an individual employed by the city of Chicago shall be eligible for the same benefits, including but not limited to health coverage, as are available to the spouse of an individual employed by the city of Chicago. To be eligible for coverage as a qualified domestic partner, the City employee and the domestic partner must complete and file with the department of personnel an "Affidavit of Domestic Partnership" in which they attest that: (A) They are each other's sole domestic partner, responsible for each other's common welfare, and (B) Neither party is married, and (C) The partners are not related by blood closer than would bar marriage in the State of Illinois, and (D) Each partner is at least 18 years of age and the partners are the same sex, and (E) Two of the following four conditions exist for the partners: 1. The partners have been residing together for at least twelve (12) months prior to filing the Affidavit of Domestic Partnership. 2. The partners have common or joint ownership of a residence. 3. The partners have at least two of the following arrangements: a. Joint ownership of a motor vehicle; b. A joint credit account; c. A joint checking account; d. A lease for a residence identifying both domestic partners as tenants. 4. The City employee declares that the domestic partner is identified as a primary beneficiary in the employee's will. In addition to the foregoing, for a domestic partner to be qualified, the parties must agree to notify the department of personnel of any change in the circumstances which have been attested to in the documents qualifying a person for coverage as a domestic partner. Following the termination of a domestic partnership, a minimum of twelve months must elapse before a City employee is eligible to designate a new domestic partner. The commissioner of personnel is hereby authorized to promulgate regulations to effectuate the purposes of this section. SECTION 2. This ordinance shall take effect 30 days after its passage and publication.