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

Became law in September, 2003

Becomes effective on January 1, 2005
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What Does the Act Do?


Generally, it extends many of the same
 “rights, protections, and benefits”, &
 “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
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It’s Not Just About Benefits

Many private employers and public
entities have extended spousal benefits
to DPs in recent years


Generally “good news” for DPs
The Act is not just about extending
benefits – it extends obligations as well

Basic principle is to treat domestic partners
more like spouses
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What Is the Scope of the Act?


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
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Who is Covered by the Act?



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
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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
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What Aid Applicants are Affected?



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
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How Does the Act Affect Eligibility for
State and Institutional Aid?

For
 Dependent students in a DP,
 Independent students in a DP, and
 Dependent students whose parent is
in a DP,
the Act may change the resources that
are considered when determining
eligibility for need-based aid
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Whose Resources are Considered?
Three Examples
Prior to
January 1
Single
Dependent
Dependent Student in
Student
DP
Married
Student
Student
Yes
Yes
Yes
Student’s
Spouse/DP
No
No
Yes
Custodial Parent
Yes
Yes
No
Parent’s Spouse
Yes
Yes
No
Parent’s DP
No
No
No
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Whose Resources are Considered?
Three Examples
After
January 1
Single
Dependent
Student
Dependent
Student in
DP
Married
Student
Student
Yes
Yes
Yes
Student’s
Spouse/DP
No
No / Yes
Yes
Custodial Parent
Yes
Yes / No
No
Parent’s Spouse
Yes
Yes / No
No
No / Yes
No
No
Parent’s DP
Red=Federal
Green=State & Inst.
Black=Both
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Implications for Financial Aid:
The Application Process


Institution will need to collect more
information about more parties
 Is student or the student’s parent in a DP?
 Determine resources of relevant DP
FAFSA won’t provide all the necessary
information
 Not designed to capture information about
DP’s assets, resources, etc.
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Implications for Financial Aid:
Packaging

Students should receive packages that are
equivalent to those received by married
students, based on your packaging policies



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

Adds complexity to packaging
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Implications for Financial Aid:
Verification


Students and parents should document their
DP status under the same circumstances in
which married students and parents do
Document can be either:
 Their “Declaration of Domestic Partnership”
filed with (and stamped by) the Secretary
of State, or
 A “Certificate of Domestic Partnership”
(available upon request from the CA
Secretary of State’s Office)
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Sample Documentation
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Implications for Financial Aid:
Communicating with Students



Provisions need to be communicated to
students
Message is complex:
 Some students will benefit, but it will
reduce aid for some students
Remember: law is about treating partnerships
and marriages more similarly
 Not just about extending new benefits
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How is the Act Actually Being
Implemented?

By CSAC

By UC
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Implementation Steps
University of California
Santa Cruz
Internal Planning



Workgroup of 4 financial aid advisers
Collaboration with campus GLBT group
Campus-wide luncheon





Staff/Faculty program
Dale Boutiette, attorney (GLBT family law)
Outreach to students
Staff training
Data gathering (AB205 info packet)
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Outreach Strategies





Rely on GLBT community
Email to all students
Message on website
Insure staff knows how to handle
inquiries
Student newspaper(s)
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AB 205 Information Packet




What is AB205
Sample documentation of DM
Forms
Q&A
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How is Aid Affected for the 2004-05
Academic Year?



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
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For More Information…

UC implementation guidelines and a
sample presentation for students:
http://www.ucop.edu/sas/sfs/
Click on “Programs & Policy”
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Questions/Discussion
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