Headlines about "Domestic partner, same-sex benefits"
Gathered from the web by the editors at BenefitsLink.com.
Nevada Legislative Panel OKs Benefits Expansion for Domestic Partners
Excerpt: "A regulation that makes it state policy to provide health care insurance benefits to domestic partners of state employees -- including those of the same sex -- was adopted Tuesday by a legislative subcommittee on a 3-2 vote." (Las Vegas Review-Journal)
Argentina Approves Its First Nationwide Gay Rights Measure - the Right to Claim Deceased Partners' Pensions
Excerpt: "[S]ame-sex couples must prove they have been living together for at least five years to receive the benefit." (The Press Association)
[Guidance Overview] State and Federal Laws Pose Challenge in Offering Domestic Partner Benefits
4 pages. Excerpt: "Whether called domestic partnerships, civil unions, reciprocal beneficiaries or same-sex marriages, nontraditional same- and opposite-sex relationships present benefit challenges for employers. Understanding what state and federal laws require and how they interact is critical, whether benefits are offered voluntarily or to satisfy state laws. This Update looks at federal and state law conflicts and tax issues for domestic partner benefits." (Mercer)
[Guidance Overview] Same-Sex Marriage Issues Complicate Employee Benefit Plan Administration (PDF)
4 pages. Excerpt: "California recently became the second state after Massachusetts to legalize same-sex marriage, but without a residency requirement. Last week, Massachusetts repealed a law that generally limited same-sex marriage to its residents, effectively opening the door for same-sex couples throughout the U.S. to marry on both coasts. This changing legal landscape is complicating plan administration for many employers across the country." (Buck Consultants)
Same-Sex Couples Who Marry Could Be Eligible for a Number of New Benefits
Excerpt: "As part of its push to legalize gay marriage in New York State, the Pride Agenda joined with the New York City Bar Association to mine state and local law books and find privileges reserved for married couples, and came up with 1,324 items." (The New York Times; free registration required)
[Guidance Overview] How Do Health and Welfare Plans Handle Same-Sex Marriages? July 23, 2008, Update
Excerpt: "First Massachusetts and now California have legalized same-sex marriages, and other states may recognize the legal status of these unions. Yet federal and many state laws do not recognize same-sex marriages, creating unique issues for health and welfare plans offering spousal benefits. This Update unravels the differing legal requirements for insured and self-insured plans and reviews same-sex marriage issues that all private-sector employers sponsoring health and welfare plans should keep in mind." (Mercer LLC)
[Guidance Overview] State Laws on Marriage: Implications for Employee Benefit Plans (PDF)
2 pages. (Milliman)
New York Civil Liberties Union Sues Health Insurer Over Coverage Denial
Excerpt: "The state Supreme Court lawsuit accuses Blue Cross & Blue Shield of Western New York of discriminating based on sexual orientation and of breaching its contract with the Cheektowaga Central School District, which employs one of the women." (AP via Yahoo! Finance)
[Guidance Overview] California Decision Portends Broad Changes in Spousal Eligibility (PDF)
6 pages. Excerpt: "The most common employee requests for same-sex spouse benefits are for coverage under health and dental plans and spousal survivor annuity coverage under defined benefit pension plans. When presented with a request to provide benefits to same-sex spouses under any employee benefit plan, an employer should ask the following questions . . . ." (Thompson Publishing Group Inc.)
Decision Time on Same-Sex Benefits
Excerpt: "The recent California Supreme Court ruling allowing for same-sex marriages may not stick, but employers throughout the U.S. had better know now whether they will extend health care benefits to same-sex spouses." (Workforce Management; free registration required)
Defining 'Spouse': Higher Stakes Than Ever for Employers (PDF)
13 pages. Excerpt: "An employer has much to do to keep up with the developments concerning same-sex marriage and whether it can provide benefits to any same-sex spouses its employees may have. Developments in early 2008 highlight the complicated and often conflicting state, federal and local regulations applicable to same-sex partner benefits." (Thompson Publishing Group, Inc.)
Konica Minolta Urged Not to Terminate Domestic Partner Health Insurance of 9/11 Survivor
Excerpt: "KMBS currently interprets its policy as requiring employees to re-register as domestic partners with the state every time that they move, even though many states have no way for same-sex partners to do so." (Lewis, Feinberg, Lee, Renaker & Jackson, P.C.)
[Guidance Overview] DOJ releases opinion interpreting Social Security Act in way that will benefit families headed by same sex couples in some states
Excerpt: "Although the opinion was about Social Security health insurance benefits, it may apply to other federal statutes and regs worded in the same way. (And so may reach federal employees or other insurance programs--thus the tie-in to the workplace)." (Workplace Prof Blog)
[Guidance Overview] When Federal and State Definitions of 'Marriage' Conflict - Overview for Employee Benefit Plan Sponsors (PDF)
Pages 6-7 of 10 pages. Excerpt: "The fact that same-sex spouses are not treated as 'spouses' under federal laws does not mean employers cannot extend comparable rights to their employees' same-sex spouses. For example, as some employers now do for domestic partners, an employer might create parallel COBRA-type rights for employees' same-sex spouses. Likewise, an employer could offer FMLA-type rights for employees to take unpaid leave to care for same-sex spouses even though they are not required to do so under federal law." (Deloitte LLP)
[Guidance Overview] When Federal and State Definitions of Marriage Differ - An Overview for Employee Benefit Plan Sponsors
Excerpt: "The different definitions of 'marriage' and 'spouse' under federal and state law can raise a number of complicated legal questions for employee benefit plan sponsors. For example, what is the appropriate tax treatment of health coverage provided to an employee's same-sex spouse?" (Deloitte via BenefitsLink.com)
[Guidance Overview] Public Employers in Michigan May Not Offer Same-Sex Domestic Partner Benefits, Michigan Supreme Court Rules
Excerpt: "Michigan's Constitution prohibits public entities in that state from providing health insurance benefits to their employees' same-sex domestic partners, according to the Michigan Supreme Court. National Pride at Work, et al. v. Governor of Michigan, et al., No. 133429 (Mich. S.C. May 7, 2008)." (Deloitte via BenefitsLink.com)
Michigan Law Affects Domestic Benefits
Excerpt: "Pedro Ramos commented on a lawsuit dealing with a Michigan referendum that defined marriage as between a man and a woman, creating an impact on the benefit offerings of public employers in the state. . . . 'Marriage Law Affects Domestic Benefits' by Tom Starner appeared in the Human Resources Executive on June 2, 2008." (Blank Rome LLP)
[Guidance Overview] The Impact of California's Same Sex Marriages on California Employers (PDF)
Excerpt: "While California employers certainly should be aware of this decision [in In re Marriage Cases holding that California's state laws prohibiting same-sex marriage are unconstitutional under the state Constitution], and use the opportunity to revisit existing policies and practices, the actual impact of this ruling on California employers' day-to-day operations is fairly limited." (Baker & McKenzie LLP)
Will Same-Sex Marriage Drive Workplace Litigation?
Excerpt: "'Same-sex marriage tends to be a very polarizing issue because people's views are so often colored by religious beliefs and strong personal convictions,' said workplace compliance expert Shanti Atkins, President & CEO of ELT. 'And because it's such a heated subject, it's very difficult (if nearly impossible) to have a civilized discussion on the topic, which can lead to some very uncomfortable and offensive situations in the workplace.'" (PRWeb via Yahoo! News)
Domestic Partner Benefits Improved for Nevada State Employees
Excerpt: "A Nevada panel that oversees health insurance benefits for state employees voted Thursday to extend coverage to domestic partners, including those of the same sex, despite budget problems that could make the $2.7 million cost unaffordable." (AP via San Francisco Chronicle)
California Court Refuses to Stay Gay Marriage Ruling
Excerpt: "Conservative religious and legal groups had asked the California Supreme Court to stop its May 15 order requiring state and local officials to sanction same-sex unions from becoming effective until voters have the chance to consider the issue in November. The justices' decisions typically become final after 30 days." (AP via Yahoo!News)
Suit Seeks to Block New York State Policy on Same-Sex Unions
Excerpt: "Five state lawmakers, backed by a conservative Christian policy group, sued Gov. David A. Paterson on Tuesday, seeking to block the governor's order directing state agencies to recognize same-sex marriages performed outside New York." (The New York Times; free registration required)
In Germany, Survivor Pension Benefits May Be Extended to Same-Sex Partners
Excerpt: "An April 2008 ruling by the European Court of Justice will require German courts to determine whether a registered same-sex partnership and a marriage should be considered equivalent and, thus, whether surviving partners should be entitled to the same kinds of survivor benefits. The court's decision may have consequences for occupational and public pension plans both in European Union countries in which same-sex marriage and legal partnerships are recognized and in countries in which they are not." (Watson Wyatt Worldwide)
New York Governor Paterson's Gay Marriage Edict Sparks Debate
Excerpt: "Gov. David A. Paterson's edict to state agencies to recognize same-sex marriages is still confusing to many people throughout the state two weeks after he quietly issued it. It is uncertain, for example, whether the governor's decree on state agencies will matter to private companies or nonprofit agencies that provide an array of services to the state or whether he even has the legal authority to enforce his edict." (The Buffalo News)
Michigan Marriage Law Affects Domestic Partner Benefits
Excerpt: "The Michigan Supreme Court recently ruled that a referendum defining marriage as between a man and a woman requires public-sector employers to stop offering benefits to the domestic partners of employees. The ruling should have limited impact, however, experts say." (Human Resource Executive Online)
[Guidance Overview] Peru Grants Survivor Pensions to Common-Law Partners
Excerpt: "A recent court ruling in Peru gives common-law partners the right to receive a survivor pension under the public pay-as-you-go system." (Watson Wyatt Worldwide)
[Guidance Overview] The Impact of Same-Sex Marriage on Employee Benefit Plans
Excerpt: "Plan sponsors who have employees in California or Massachusetts should review their plan documents and insurance polices to determine whether same-sex spouses are covered. [I]t may be necessary to specify that certain plan provisions do or do not apply to a same-sex spouse. Any plan amendments should be timely communicated to participants via a new Summary Plan Description or a Summary of Material Modifications." (Trucker Huss)
[Guidance Overview] Health Plan Implications of California Ruling on Same-Gender Marriage (PDF)
2 pages. (The Segal Group, Inc.)
States Seek Delay in California Marriage Ruling
Excerpt: "Concerned about the national ramifications of same-sex marriages in California, attorneys general from 10 states have asked the California Supreme Court to stay its decision legalizing the marriages, which are set to begin on June 17." (The New York Times; free registration required)
[Guidance Overview] California Same-Sex Marriage and Genetic Testing Laws Affect Health & Welfare Plans (PDF)
6 pages. Excerpt: "A recent California Supreme Court decision to recognize same-sex marriages and recent federal legislation banning discrimination based on genetic testing may warrant a 'checkup' for group health, life, and other welfare benefits." (Seyfarth Shaw LLP)
[Guidance Overview] Abstract of June 2008 Bulletin, 'Health Plan Implications of the California Court Ruling Allowing Same-Gender Marriage'
Excerpt: "Employers and other plan sponsors based in California or with California employees should carefully review their benefit offerings and plan documents to determine whether and how to accommodate participants' same-gender spouses, and then clearly communicate the decisions they make to participants." (The Segal Group, Inc.)
New York to Back Same-Sex Unions from Elsewhere
Excerpt: "Gov. David A. Paterson has directed all state agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions, like Massachusetts, California and Canada." (The New York Times; free registration required)
[Guidance Overview] California Supreme Court Opens the Door on Same-Sex Marriage
Excerpt: "In re Marriage Cases is unlikely to have broad implications for employers. In recent years, the California Legislature has enacted several statutes that collectively require both public and private employers to extend the same benefits to state-registered domestic partners as are provided to spouses, except employee benefit plans regulated by federal law, ERISA. These statutes remain in effect. The California Supreme Court decision does not affect ERISA benefits or the federal tax treatment of employment benefits because the federal Defense of Marriage Act (DOMA) limits marriage recognized under federal law to a legal union between one man and one woman." (Littler)
[Guidance Overview] California Same-Sex Marriage Ruling - Employee Benefit Plan Implications
Excerpt: "Same-sex marriages present benefits-related difficulties for employers because federal and state governments have given mixed messages regarding the status of same-sex couples throughout the United States." (McDermott Will & Emery)
Q and A: Same-Sex Marriages in California
Excerpt: "Q: Will people in domestic partnerships automatically convert to marriage? A: No. There is no provision in the ruling to automatically convert domestic partners to marriage. Q: Do I have to dissolve a domestic partnership to get married? A: No. California permits an individual to be in a domestic partnership and be married, as long as it is to the same person." (Los Angeles Times)
ERISA Preemption Means California G.ay Marriage Ruling Not a Slam-Dunk for Benefits
Excerpt: "[B]ecause the federal government doesn't recognize gay marriage and California already has a strong domestic partnership law, the new ruling's nuts-and-bolts impact on gay couples' personal finances is expected to be limited, analysts said. For example, Social Security survivor benefits and Cobra, the continuation of employer health insurance after a job loss or divorce, still apply exclusively to the traditionally married." (Marketwatch)
Delay Gay Marriage, California Court Urged
Excerpt: "The marriage amendment will be on the ballot regardless, he said. If it passes, the words of the voter-approved Proposition 22 -- 'Only the marriage between a man and a woman is valid or recognized in California' -- will be added to the state constitution, even though the high court yesterday declared those same words unconstitutional." (washingtontimes.com)
[Guidance Overview] California Supreme Court Rules to Allow Same-Sex Marriage: Decision Could Lead to Constitutional Issues
Excerpt: "By elevating sexual orientation to a constitutionally protected classification like race or religion, the ruling raises the potential for state constitutional challenges to various government programs and policies and to certain private actions." (Ballard Spahr Andrews & Ingersoll, LLP)
Calif. Gay Marriage Ruling Sparks New Debate
Excerpt: "The California Supreme Court reignited a political wildfire with its ruling legalizing same-sex marriage in the most populous state in the union, but the issue already has burned out in more than half the states." (StateLine.org)
[Guidance Overview] Golden State Court Allows Gay Marriages
Excerpt: "With the 172-page ruling, including a majority opinion penned by Chief Justice Ronald M. George, California becomes the second U.S. state behind Massachusetts to allow gay marriage, according to news reports . . . . The decision was a product of a deeply divided court that narrowly approved the final holding 4 to 3." (PLANSPONSOR.com)
California Court Strikes Down Gay Marriage Ban
Excerpt: "The California Supreme Court has overturned a ban on g.ay marriage, paving the way for California to become the second state where g.ay and les.bian residents can marry. The ruling reverses a voter-approved law that defined marriage as a union between a man and a woman." (National Public Radio)
[Guidance Overview] Michigan High Court Says No to Provision of Benefits to Same-S e x Domestic Partners
Excerpt: "The Michigan state Supreme Court has decided that providing health insurance benefits to same-s e x domestic partners violates the marriage amendment of the state constitution." (PLANSPONSOR.com)
Public Employers Barred from Providing Health Care Benefits to Partners of Gay and Lesbian Employees
Excerpt: "The [Michigan Supreme Court] 5-2 ruling found that an amendment to the Michigan Constitution approved by voters in 2004 to define marriage as the union of one man and one woman also applied to employee benefits. Specifically, the court found that language in the amendment prohibiting recognition of other unions 'for any purpose' effectively bans same-sex partner benefits." (Detroit Free Press)
Australia Will Recognize Same-Sex Couples in Tax, Pension Laws
Excerpt: "The Australian government said today it plans to remove discrimination against same-sex couples from about 100 laws covering taxation, welfare and employment entitlements . . . ." (Bloomberg)
Salt Lake County Council to Vote on Partner Benefits
Excerpt: "Salt Lake County Council member Jenny Wilson has introduced a health insurance plan that would expand coverage to, among others, the partners of gay and lesbian county employees. Wilson told the Salt Lake City Tribune that she is modeling her plan after the city's current policy, which was passed two years ago." (Planet Out via Yahoo! News)
TIAA-CREF Endorses Legislation Calling for Domestic Partner Benefits
Excerpt: "TIAA-CREF today announced its support for H.R. 1820, Tax Equity for Health Plan Beneficiaries Act of 2007, introduced by Congressman Jim McDermott (D-WA) in the House and S. 1556, Tax Equity for Domestic Partner and Health Plan Beneficiaries Act of 2007, introduced by Senator Gordon Smith (R-OR) in the Senate." (Business Wire via PR-inside.com)
Arizona Proposal Would Expand Domestic Partner Benefits
Excerpt: "The Governor's Regulatory Review Council has voted to extend domestic partner benefits to employees of the state and university. Unmarried straight couples, not just gays and lesbians, would be covered." (Eastern Arizona Courier)
Complex Tax Rules Face Gay and Unmarried Couples
Excerpt: "[A] disparity comes with the federal government's treatment of employer-provided health insurance, which also affects unmarried heterosexual couples. For example, Dan Jessup is a project manager at JPMorgan Chase in Indiana. His partner, Bob Chenoweth, is self-employed, running two businesses out of the couple's Mooresville, Ind., home. So Chenoweth gets health insurance through Chase. But Jessup is required to count the company's cost of his partner's benefits as additional income for tax purposes." (Detroit Free Press)
The Human Rights Campaign Offers New Employer Resources on Pension Benefits for Same-Sex Partners
Excerpt: "The Human Rights Campaign Foundation's Workplace Project [http://www.hrc.org] has released a new set of resources for employers to make their qualified retirement plans more inclusive for employees with same-sex partners or spouses. The group also released a sample proposal for organizations to use when advocating for 'grossing up,' a method by which an employer can increase employees' wages to offset the additional tax burden of enrolling a domestic partner for health insurance." (PLANSPONSOR.com; free registration required)
[Guidance Overview] Employers Still Struggle to Determine Imputed Income for Domestic Partner Benefits (PDF)
2 pages. Excerpt: "There is only limited IRS guidance (mainly contained in private letter rulings . . ., on how to determine [fair market value (FMV)] of domestic partner benefits. When the IRS issues guidance, it is clear what is not included in an FMV determination. The FMV of coverage does not depend on usage of the coverage or benefit claims actually paid." (McDermott Will & Emery)
Health Coverage OK'd for Partners of Arizona State Workers
Excerpt: "Supporters termed Tuesday's decision a breakthrough for the state in terms of its treatment of employees and competitiveness in luring and retaining a workforce. Meanwhile, critics likened the administrative rule change to a sidestep of the Legislature and hinted at a possible legal challenge in the months ahead." (azcentral.com)
NY Court Strikes Down Domestic Partner Benefits Ruling
Excerpt: " A New York appeals court has vacated the ruling of a lower court that a gay man was not entitled to spousal health insurance benefits even though he and his spouse were lawfully married in Canada." (365Gay.com)
Kentucky House Committee Rejects Ban on Domestic Partner Benefits
Excerpt: "The Health and Welfare Committee of the Kentucky House voted to reject a Senate bill that would bar state universities and other public agencies from providing health insurance for domestic partners of employees." (PLANSPONSOR.com; free registration required)
Arizona Bill to Block State Benefits for Domestic Partners Dies
Excerpt: "A bill aimed at blocking a move to allow unmarried domestic partners to get coverage as dependents under state employee and retiree benefits is dead in the water at the Legislature." (Arizona Daily Sun)
Wisconsin Worker Files Grievance Over Denial of Marriage Leave
Excerpt: "SUMMARY: Leigh Robert and her union rep say Sheboygan schools' refusal to give her two days' paid leave after her Canadian same-sex nuptial is discrimination." (Planet Out via Yahoo! News)
[Opinion] Civil Union Appeals Offer No Reason to Redefine Marriage
Excerpt: "The complaints concern out-of-state-based companies that are regulated by the federal Employment Retirement Income Security Act (ERISA) and therefore are not required to provide expensive health benefits to same-sex couples." (Asbury Park Press)
New York State Ruling That Recognizes Out-of-Country Same-Sex Marriage Forces an Employer to Provide Domestic Benefits
Excerpt: "The Feb. 1 decision involved a lesbian couple who married in Ontario, Canada, in 2004, one year after the province legalized same-sex marriage. Patricia Martinez filed the case against her employer, Monroe Community College in Rochester, N.Y., after the school denied giving healthcare benefits to Lisa Golden, her spouse. Although gay couples may not legally marry in New York, the court ruled that their marriage should be recognized and that being denied benefits discriminated against the couple's sexual orientation." (Human Resource Executive Online)
Commission Report Cites Flaws in New Jersey Civil Union Law
Excerpt: "New Jersey's civil union law 'creates a second-class status' for same-sex couples and is particularly vexing for people in the military, transgender people, the poor and minorities, according to a report issued on Tuesday by a commission set up to review the law." (The New York Times; free registration required)
New Jersey Civil Union Law Fails to Protect Same-Sex Couples
Excerpt: "A new state civil unions law has failed to ensure that same-sex couples in New Jersey enjoy the same rights as married heterosexuals, an official report said on Tuesday. On the first anniversary of the law's implementation, the Civil Union Review Commission said some employers in New Jersey have refused to provide benefits to the partner of employees in a civil union." (Reuters Limited via Yahoo! News)
First Interim Report of the New Jersey Civil Union Review Commission (PDF)
21 pages; February 19, 2008. Excerpt: "For the overwhelming majority of civil union couples who testified, [ERISA] is the reason employers have given for not recognizing their civil unions. . . . In Massachusetts, a marriage equality law has prompted many employers to provide equal benefits to same-sex wives or husbands. . . . The testimony presented by many civil union couples indicated that their employers continue to discriminate against them, despite their familiarity with the law. . . . Civil union status is not clear to the general public, which creates a second-class status." (New Jersey Civil Union Review Commission)
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