B5) Are civil unions recognized for purposes of Medicare eligibility?
No. In general, due to federal law, an individual is eligible for Medicare Part A (hospital insurance) if
he/she is 65 years old, a US citizen or permanent resident, and either he/she or his/her spouse has
worked in Medicare-covered employment for at least 10 years.
As a function of federal law, Medicare does not recognize a civil union partner as a spouse.
Therefore, if you do not have at least 10 years of Medicare-covered employment, you may not use
the employment history of your civil union spouse to establish your eligibility for Medicare Part A.
B6) Can civil union spouses participate in Medical Savings Accounts (MSAs)?
An MSA is health plan option offered by some employers which combines a high-deductible health
insurance policy with a tax-sheltered savings account. MSAs are established pursuant to federal
law. An MSA allows “eligible individuals” to contribute pre-tax dollars to the savings account, which
can be used to pay the insurance premium, deductible, and other qualifying medical costs.
Federal law does not recognize civil unions and, therefore, a civil union spouse would not qualify as
an “eligible individual” under an MSA plan.
B7) Do the benefits provided to spouses under a Long Term Care policy apply
to civil union spouses?
Yes. Long Term Care contracts often provide for a spouse survivorship benefit, spouse waiver of
premium, spouse security benefit, and a spouse shared care benefit. Under the Civil Union Law,
insurance policies issued in Illinois must provide identical benefits to spouses in a marriage and
those in a civil union.
LIFE INSURANCE, ANNUITY, AND ASSET-BACKED INSURANCE PRODUCTS
C1) Can I purchase life insurance covering my civil union spouse?
Yes. In order to purchase insurance on someone else’s life (and designate yourself as the
beneficiary), you must have an “insurable interest” in the life of the insured person at the time of
application. In other words, you would suffer a financial or other tangible loss in the event of the
insured person’s death. Insurance companies generally presume that close relatives, such as a
spouse, child, parent, sibling, or grandchild, have an insurable interest in the life of the insured
person. The Civil Union Law ensures that civil union spouses are treated the same as married
spouses for purposes of life insurance coverages and benefits.
C2) Can I purchase a joint life insurance policy covering myself and my civil
union spouse?
Yes. You can also purchase a rider to your existing policy to cover your civil union spouse. The Civil
Union Law ensures that spouses in a civil union and marriage are treated equally for purposes of life
insurance coverages and benefits.