Affidavit of Spousal Equivalency Termination of Spousal Equivalency Memo announcing the policy If you sent email and received a response, you only have the first two. I am in no way affiliated with Lotus Corporation. These documents were sent to me from Lotus when I requested them on behalf of the Coalition for Lesbian and Gay Civil Rights. --gordon Gordon Linoff Thinking Machines Corp. Cambridge, MA 02142 617-234-2070 Internet: gordon@think.com uucp: {mit-eddie, uunet}!think!gordon ---------------------------------------------------------------- LOTUS DEVELOPMENT CORPORATION AFFIDAVIT OF SPOUSAL EQUIVALENCY I. DECLARATION: We, __________________ and ___________________________ employee (print) spousal equivalent (print) certify that we are spousal equivalents in accordance with the following criteria and eligible for benefits coverage as spousal equivalents under Lotus Development Corporation's benefits program: II. STATUS: 1. We are each other's sole spousal equivalent and intend to remain so indefinitely. 2. We are of the same sex and neither one of us is married. 3. We are at least eighteen (18) years of age and mentally competent to consent to contract. 4. We are not related by blood to a degree of closeness than which would prohibit legal marriage in the state in which we legally reside. 5. We reside together in the same residence and intend to do so indefinitely. 6. We are jointly responsible for each other's common welfare and financial obligations. 7. We understand that as spousal equivalents we are subject to the same thirty-one (31_ day notice requirement set forth in Lotus' Flexible Benefits Program as are all other Lotus employees who are covered by or applying for Lotus benefits. III. CHANGE IN SPOUSAL EQUIVALENCY: 8. We agree to notify the Lotus Benefits Department if there is any change in our status as spousal equivalents as attested to in this Affidavit which would make us no longer eligible for Lotus benefits (for example a change in joint-residence or if we are no longer each other's sole spousal equivalent). We will notify Lotus within thirty-one (31) days of such change by filing a Statement off Termination of Spousal Equivalency ("Statement of Termination"). The Statement of Termination shall affirm that the spousal equivalency status is terminated as of its date of execution and that a copy of the Statement of Termination has been mailed to the other party by the party authorizing such action. 9. After such termination, I, ____________, (employee) understand that a subsequent Affidavit of Spousal Equivalency cannot be filed until twelve (12) months after a Statement of Termination has been filed with the Lotus Benefits Department. (The twelve (12) month waiting period will be waived only if another Affidavit is filed for the same spousal equivalent within thirty-one (31) days following the filing date of the Statement of Termination.) IV. ACKNOWLEDGEMENTS: 10. We understand that any person/employer/ company who suffers any loss due to any false statement contained in this Affidavit may bring a civil action against either or both of us to recover their losses, including reasonable attorneys' fees. 11. We have provided the information in this Affidavit for use by Lotus' Benefits Department for the sole purpose of determining our eligibility for spousal equivalency benefits. 12. We affirm, under penalty of perjury, that the assertions in this Affidavit are true to the best of our knowledge. Community Property Implications: Please be advised that some courts have recognized non-marriage relationships as the equivalent of marriage for the purpose of establishing and dividing community property. ____________________________ ____________ employee signature Date ____________________________ ____________________________ employee address ____________________________ ____________ spousal equivalent signature Date ____________________________ ____________________________ spousal equivalent address ---------------------------------------------------------------- LOTUS DEVELOPMENT CORPORATION TERMINATION OF SPOUSAL EQUIVALENCY _______________________________________, being duly sworn, employee or spousal equivalent (print) deposes and say that: 1. _________________________________________ and I (name of employee or spousal equivalent) are no longer spousal equivalents. 2. I make and file this Statement of Termination in order to cancel the Affidavit of Spousal Equivalency filed by me Lotus Development Corporation on ______________________. 3. I mailed my former spousal equivalent a copy of this notice at ________________________________ on ________________________. I declare, under penalty of perjury, that the above statements are true and correct. Signed: ____________________________ Print: ____________________________ Address: ____________________________ Date: ____________________________ ---------------------------------------------------------------- LOTUS To: All U.S. Lotus Employees From: Russ Campanello, Vice President, Human Resources Subject: Spousal Equivalent Benefits Since early in its history, Lotus has had a stated policy prohibiting discrimination based on sexual preference. Lotus recognizes that lesbian and gay employees do not have the choice to legalize permanent and exclusive relationships through marriage; thus, they cannot legally share financial, health, and other benefits with their significant partners. For this reason, in the interest of fairness and diversity, Lotus will recognize the significance of such relationships by including them in our policies and benefits. Spousal Equivalent Lotus policies and benefits will refer to employees' same-sex partners as "spousal equivalents," rather than "domestic partners" or "significant others." This phrase has been selected to highlight the fact that, unlike couples of the opposite sex, marriage for gay and lesbian couples is not an option, since it is not sanctioned by U.S. state laws. Effective immediately, the phrase "spousal equivalent" will be added to all Lotus policies in the U.S. wherever the word "spouse" is used. (Among the policies this affects are Relocation, Bereavement Leave, and Expatriate Assignments.) spousal equivalents of lesbian and gay employees and their qualified dependents will also be eligible to receive medical, dental, vision, and hearing health coverage. While many companies throughout the U.S. are cutting back health coverage for employees, the issue of extending benefits to employees with non-traditional families is currently being given serious consideration by a number of public and private institutions. Few companies in the private sector have provided benefits to employees' domestic partners; experts anticipate that we're on the cutting-edge of a trend more companies are likely to join. Those who have extended health coverage to domestic partners of employees have been closely watched. Their reports are uniformly similar. Data indicates that coverage of same-sex employees and their partners has not significantly increased their per capita health care expenses. Fears that AIDS will drive up costs have proved to be unfounded. Criteria for Spousal Equivalents Lotus employees can designate only one person as an eligible dependent for benefits as a spousal equivalent; each person must be the sole partner of the other. Spousal equivalents must: * be the same sex as the employee; * live in the same residence with the intents to reside together permanently; * be jointly responsible for the common welfare and financial obligations of both individuals. Employees interested in receiving more information about spousal equivalent benefits can contract their Human Resources representative; to enroll, contact Helen Berry in the Benefits department. (Note: all Lotus benefit information is subject to strict confidentiality between the employee and Human Resources and may not be shared with anyone without the employee's written consent.) Diversity at Lotus In the past year, we have made great strides in our continuing efforts to create a workplace where all employees are valued, respected, and given equal and fair treatment. This new policy is further evidence of our firm commitment to value differences and provide fair and equal access to benefits for all Lotus employees. I wholeheartedly endorse this policy and am proud to be part of a company in which such policies are possible. ----------------------------------------------------------------