Austin City Manager Marc Ott  has notified the Austin City Council that COBRA-like benefits will be made available to the same-sex domestic partners of City employees. This benefit will make available healthcare coverage to same-sex partners of City employees in case of the employee’s termination, divorce, or death.

“I want to offer my deepest thanks to City Manager Marc Ott, the Human Resources staff, and everyone who worked hard so that we could extend this benefit to all our employees. I appreciate the way the staff recognized immediately that this was the right thing to do, and made it happen so quickly when I brought it to their attention,” said Council Member Spelman.

The partner of Spelman’s former employee raised the issue with Spelman after his partner, who was still a City employee, passed away. When his partner attempted to access COBRA benefits, he discovered he was ineligible. This is the first known instance of a same-sex domestic partner requiring COBRA benefits and being denied because of federal rules.

The Consolidated Omnibus Budget Reconciliation Act (COBRA) is federal legislation requiring employers to extend health care coverage to employees and qualified dependents for certain qualifying events. Since COBRA is a federal program, it uses the definition of “spouse” from the federal Defense of Marriage Act (DOMA), which defines “spouse” as a husband or wife of the opposite sex. Thus, COBRA coverage is not extended to same-sex domestic partners. The City will instead extend a similar benefit without using COBRA.

“Equality Texas applauds the City of Austin for fully extending equal benefits to its employees,” said Equality Texas Executive Director Paul Scott. “Once again Austin exhibits its understanding that its citizens should be treated equally and that doing so benefits the city and its economic environment.”

The City of Austin will be the first city in Texas to offer this benefit to its employees. The City of Austin has had domestic partner benefits since 2006.