"Domestic Partner" means the opposite sex or same sex individual who qualifies for coverage under a Benefit Option on account of such person’s relationship with the Employee or Qualified Retiree. In order to be a Domestic Partner, both the partner and the Employee or Qualified Retiree must meet all of the following criteria:

• They must have a common residence.
• Neither of the partners may be married or legally separated from anyone else, or in another domestic partner relationship that has not been terminated, dissolved or adjudged a nullity.
• Both must be at least 18 years of age.
• Both must be capable of consenting to domestic partnership.
• They must not be related by blood in a way that would prohibit legal marriage in the state in which they reside.
• They must have done the following:
  • If they reside in a jurisdiction that with a domestic partner registry, registered as domestic partners, or
  • If they do not reside in a jurisdiction with a domestic partner registry, affirmed at least three of the following are true:
    • They have lived together continuously for the previous 12 months;
    • The Employee or Qualified Retiree has named the domestic partner as beneficiary under his or her will, or the domestic partner has named the Employee or Qualified Retiree as beneficiary under his or her will;
    • The Employee or Qualified Retiree has granted the domestic partner powers under a durable power of attorney, or the domestic partner has granted the Employee or Qualified Retiree powers under a durable power of attorney;
    • The Employee or Qualified Retiree has previously named the domestic partner as beneficiary under a life insurance policy, or the domestic partner has named the Employee or Qualified Retiree as a beneficiary under a life insurance policy;
    • They have a joint bank account;
    • They are cosigners of a lease or deed;
    • They are named on the same auto or home insurance policy; or
    • They have entered into a domestic partnership agreement.

Notwithstanding anything to the contrary in a Benefit Option, in accordance with Code Section 125, the Cafeteria Plan shall not provide pre-tax coverage for domestic partners, the children of domestic partners or any other individual not recognized by federal law as a tax dependent, who may be provided coverage under a particular Benefit Option.