Headlines about "Domestic partner, same-sex benefits"
Gathered from the web by the editors at BenefitsLink.com.
Governance and Compliance Advisory Update: November 2009
Excerpt: "October saw significant activity with respect to retirement, executive compensation, welfare and other benefit legislation, regulations and rulings." (Towers Perrin)
U.S., Massachusetts Clash in Court Over Federal Benefits for Same-Sex Couples
Excerpt: "The United States government and Massachusetts are clashing over the issue of extending federal benefits to married same-sex couples, with the Obama administration arguing that the government is not obligated to provide benefits to gay couples." (Berkshire Eagle)
City of Tallahassee, Florida, Adds Domestic Partner Benefits
Excerpt: "City officials in Florida's capital city have extended the city's employee benefit package to employees' domestic partners. The Tallahassee Democrat reported that the policy change provides employees' same- or opposite-sex domestic partners the same benefits currently available to married employees' spouses. The city's change will allow city employees to include their partners for health, dental, vision and other benefits coverage." (PLANSPONSOR.com; free registration required)
Same-Sex Couples Face Significant Disadvantages in Retirement, According to Study
Excerpt: "A new study released . . . details the inequalities faced by same-sex couples in employer-sponsored retirement plans. Without legal recognition of their relationships under federal law, the report concludes, lesbians and gay men have less retirement income and are disadvantaged in their ability to pass on savings to their families after their death. The study, 'The Impact of Inequality for Same-Sex Partners inEmployer-Sponsored Retirement Plans,' provides the first detailed demographic portrait of older same-sex couples. It was released by the Williams Institute at the UCLA School of Law with funding support from Merrill Lynch in conjunction with National Save for Retirement Week. 'The findings show that, in particular, female same-sex couples have far lessretirement income than different-sex married couples,' says study author Naomi Goldberg." (Reuters)
New York Court Asked to Rule on Same-Sex Marriage Benefits
Excerpt: "For the first time since 2006, when it ruled the state Constitution does not guarantee same-sex couples the right to marry, the New York Court of Appeals last week took up the issue of same-sex marriage. Tackling two cases simultaneously, the court on Oct. 13 heard arguments challenging Westchester County Executive Andrew Spano's 2006 decision to recognize same-sex marriages performed in other jurisdictions, as well as the state Department of Civil Service's extension of health insurance benefits to same-sex spouses of government workers in 2007. Lower court rulings have affirmed the government's position in both cases. " (Legislative Gazette)
California Recognizes Same-Sex Marriages from Other States
Excerpt: "California Governor Arnold Schwarzenegger has signed into law a bill that recognizes same-sex marriages entered into in other states, Business Insurance reports. . . . According to the news report, Schwarzenegger said in a statement, 'This measure honors the will of the people in enacting Proposition 8 while providing important protections to those unions legally entered into in other states.'" (PLANSPONSOR.com; free registration required)
Arizona's Domestic-Partner Benefit Remains in Effect
Excerpt: "State employees in Arizona can take advantage of domestic-partner benefits for the next 12 months even though the Legislature's last budget took them away. The Department of Administration says the benefit will be available until October 2010, because cutting it before then might put the state in violation of contract laws. The benefit was to be cut off when the state's insurance plan began Oct. 1, but the budget won't take effect until nearly two months into the contract period. An opinion by the Attorney General's Office concluded the benefit's elimination during this fiscal year would conflict with employees' expectations." (KMSB-TV)
[Guidance Overview] Same-Sex Marriage Laws Present Challenges for Retirement Plan Sponsors (PDF)
4 pages. Excerpt: "These developments directly affect sponsors of and participants in non-ERISA qualified defined benefit and defined contribution plans, section 403(b) plans, and governmental section 457(b) plans. They may also be of interest to sponsors of plans covered by ERISA." (Prudential Retirement)
Bill Introduced to Repeal the Federal Defense of Marriage Act
Excerpt: "Employers should take note, because, if enacted, the bill would significantly change the federally mandated benefits available to employees and their same-sex spouses. For example, employers with pension or 401(k) plans would be required to recognize same-sex spouses for purposes of determining the surviving spouse annuities or other death benefits under these retirement plans. The federal income tax treatment of health coverage for an employee's same-sex spouse would change such that employees would no longer have to be taxed on the income imputed for the employer's contribution to the same-sex spouse's coverage. Employers also would be required to permit employees to take family and medical leave to care for the illness of a same-sex spouse." (McDermott Will & Emery)
[Guidance Overview] OPM Proposal of Long-Term Care and Leave Benefits for Domestic Partners of Federal Employees
Excerpt: "EBIA Comment: As noted in the preamble to the proposed regulations, a majority of Fortune 500 companies, thousands of smaller companies, many colleges and universities, and other public-sector entities already provide same-sex domestic partners with a variety of benefits available to other family members. Although these OPM proposals do not affect other employers, they should be of general interest both to employers who currently provide domestic partner benefits and to those who are contemplating adding those benefits." (Employee Benefits Institute of America)
[Guidance Overview] Wisconsin Amends FMLA to Include Domestic Partners (PDF)
Excerpt: "The Wisconsin Biennial Budget, singed into law on June 29, 2009, by Gov. Jim Doyle, contains provisions that extend the Wisconsin Family and Medical Leave Act (WFMLA) to domestic partners. The WFMLA requires Wisconsin employers with 50 or more employees to provide unpaid leave to eligible employees as follows: Up to six weeks for the birth or adoption of a child; Up to two weeks for the care of a qualifying family member with a serious health condition; and Up to two weeks for the employee's own serious health condition." (Drinker Biddle Reath LLP)
[Guidance Overview] What Does Same-Sex Marriage Mean for Hospitality Employers?
Excerpt: "So far, six states have legalized same-sex marriages: Massachusetts; Connecticut; Iowa; Vermont; Maine; and New Hampshire. The Massachusetts, Connecticut and Iowa laws are already in effect. The other states have enacted laws that will take effect within the next six months: the Vermont law will take effect on September 1, 2009; the Maine law will take effect 90 days after the close of the legislative session, or approximately September 12, 2009; and the New Hampshire law will take effect on January 1, 2010. These state laws raise a number of complex legal questions as well as a multitude of practical considerations for employers. Here's a quick overview of the legal landscape [and advice for proceeding on understanding your liabilities.]" (Fisher & Phillips LLP)
California Court Challenge to Defense of Marriage Act Dismissed on Technicality
Excerpt: "A federal judge on Monday dismissed on a technicality a challenge filed by a California couple to the so-called 'Defense of Marriage Act' (DOMA). DOMA bars the federal government from treating same-sex marriages as legal or granting federal benefits to same-sex spouses. The case became notorious earlier this year when the Obama administration filed a brief defending DOMA. In that first brief, the DOJ used used anti-gay arguments that one LGBT advocate described as 'malicious and outrageous'. After the flurry of criticism of its initial brief, DOJ filed a second brief last week in which it said, 'This administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal.'" (lgbtQnews)
Domestic Partner Benefits: Corporate Equality Index 2009
Excerpt: "92 percent of CEI-rated employers provide partner health coverage to employees (criterion 3a), up 16 percent from the previous year. Of these employers, 67 percent provide them to both same and opposite-sex partners of employees (just a one percentage point increase from last year)." (The Human Rights Campaign)
[Guidance Overview] Delaware Prohibits Sexual Orientation Discrimination in Employment and Insurance
Excerpt: "Delaware has added sexual orientation to its list of discrimination protections, such as gender, age, religion, nationality and handicap. . . . Employers won't have to extend added benefits to domestic partners. It's uncertain at this time whether this law will require employers that purchase insured coverage for same-sex domestic partners to extend the coverage also to opposite-sex unmarried couples. " (Mercer)
[Guidance Overview] Nevada's New Domestic Partnership Law: How It Impacts Employer Policies and Procedures
Excerpt: "The law gives domestic partners, gay or straight, largely the same rights as those already available to married couples. Domestic partners who register their relationship with the Secretary of State will be entitled to receive benefits such as hospital visitation, funeral planning and community rights. Despite the assumption that many employers may have that they are now required to provide benefits to domestic partners, the new law may give employers a choice. It states that the Act does 'not require a public or private employer in this State to provide health care benefits to or for the domestic partner of an officer or employee.' The Act goes on to state that it 'does not prohibit any public or private employer from voluntarily providing health care benefits to or for the domestic partner of an officer or employee upon such terms and conditions as the affected parties may deem appropriate.'" (Holland & Hart LLP)
House Panel Passes Amended Federal Employee Domestic Partner Benefits Bill
Excerpt: "In a party-line vote, a House subcommittee on Thursday passed a bill that would extend health care and other benefits to the partners of gay and lesbian federal employees, modifying it to ensure retirees are covered. . . . At the recommendation of Office of Personnel Management officials, the subcommittee passed technical amendments ensuring that retirees are covered and clarifying the benefits included." (GovernmentExecutive.com)
[Guidance Overview] The State of the Same-Sex Union: Part Two in a Three-Part Series
Excerpt: "As we described in Part One of this series, the battle over same-sex marriage in the United States has been hard-fought in legal, political, and social arenas. Proponents and opponents have scored both victories and losses, leading to the checkered current landscape, in which same-sex couples' rights can vary widely from state to state. The rights of same-sex couples to gain formal recognition of their relationship differ by state ? in terms both of whether any recognition is available and, if it is, what kind of recognition. Here, in Part Two, we describe in detail the states in which same-sex couples can obtain formal recognition from the state ? whether in the name of 'marriage' or some alternative status ? and the states in which recognition is banned. We also explain why significant additional changes to the landscape are unlikely in the near future." (FindLaw)
ERISA and Same-Sex Benefits: An Article
Excerpt: "Janice K. McClendon (Stetson), co-chair of the AALS Section on Employee Benefits, has posted on SSRN her article from a few years ago in the New Mexico Law Review: A Small Step Forward in the Last Civil Rights Battle: Extending Benefits under Federally Regulated Employee Benefit Plans to Same-Sex Couples." (Workplace Prof Blog)
[Guidance Overview] Governance and Compliance Advisory Update: July 2009
Excerpt: "In July, legislation introduced in the House focused on protecting participants in defined contribution plans by encouraging plans to offer (and participants to elect) lifetime annuity payments when they retire and by introducing a fee disclosure bill. . . . An IRS official commented on when sample plan language waiving required minimum distributions and a sample 402(f) notice can be expected. Also in the courts, the Third Circuit became the latest circuit to consider standards established by the Supreme Court in Met Life v. Glenn addressing conflicts of interest in ERISA benefit claims. Lastly, continuing a nationwide trend, New Hampshire enacted legislation legalizing same-gender marriage, and Nevada approved a domestic partner law." (Towers Perrin)
[Guidance Overview] Washington, D.C., Recognizes Same-Sex Marriages from Other Jurisdictions
Excerpt: "This Management Alert identifies some of the employee benefits issues facing employers with employees in the District of Columbia in light of the new law, and outlines how these issues may be addressed." (Seyfarth Shaw LLP)
Lawmakers Consider Domestic Partner Benefits at Hearing
Excerpt: "Lawmakers and witnesses at a hearing on Wednesday discussed how best to extend benefits to the partners of gay and lesbian federal employees and retirees, a conversation that involved occasionally pointed exchanges on the nature of discrimination. 'It's baffling that this blatant inequity persists on the federal level, despite the significant expansion in the availability of employment-related benefits and equal treatment for domestic partners among other public and private sector employers,' said House Oversight and Government Reform Federal Workforce Subcommittee Chairman Stephen Lynch, D-Mass." (GovernmentExecutive.com)
Domestic Partners in Nevada Must Wait for Insurance Coverage Until July 2010
Excerpt: "Nevada will begin offering insurance coverage to the domestic partners of state and some other government employees in July 2010 -- nine months after the new state law granting such benefits takes effect. Officials with the Public Employees Benefits Board voted unanimously Thursday to delay extending the benefits, saying more time is needed to set rates and coverage plans that include domestic partners and their children." (Las Vegas Sun)
Massachusetts Challenges Defense of Marriage Act
Excerpt: "Massachusetts is suing the United States, challenging the constitutionality of part of the Defense of Marriage Act, according to the Boston Globe. From the article: The lawsuit argues that DOMA, which was enacted in 1996, precludes same-sex spouses from a wide range of protections, including federal income tax credits, employment and retirement benefits, health insurance coverage, and Social Security payments." (Workplace Prof Blog)
[Guidance Overview] California's Proposition 8: Defines 'Marriage' As a Union Between a Man and a Woman (PDF)
2 pages. Excerpt: "Despite the significant loss of the right to marry, same-sex couples in California can still obtain the same legal rights and protections as spouses by entering into domestic partnerships. California enacted a domestic partnership law in 1999; this law remained in effect throughout the short-lived legalization of same-sex marriage. Domestic partners are defined under state law as 'two adults who have chosen to share one another's lives in an intimate and committed relationship of caring.'" (Thompson Publishing Group via McDermott Will & Emery)
[Guidance Overview] Wisconsin FMLA Leave Rights Broadened To Include Domestic Partnerships, Effective June 30, 2009
Excerpt: "On June 29, 2009, Governor Doyle signed the Wisconsin budget into law . . . . The Budget contained provisions which extend the Wisconsin Family and Medical Leave Law ('WFMLA') to domestic partners. There are two categories of domestic partner recognized by the Budget . . .: registered and unregistered. WFMLA leave rights for registered and unregistered domestic partnerships become effective on June 30, 2009. However, WFMLA leave rights for registered domestic partners will not be available to exercise until August 1, 2009, the date domestic partners may begin registering in the State of Wisconsin." (Michael Best & Friedrich LLP)
Even in Iowa, Married Gays Are Still Unequal in Work Benefits
Excerpt: "Three months have passed since the Iowa Supreme Court legalized same-sex marriage, and gay couples are finding out that being married doesn't necessarily translate into spousal health benefits. Of 27 major Iowa and Nebraska employers contacted by The World-Herald, four provide health insurance benefits to gay married couples. Most employers have not changed their health insurance benefits to include gay spouses and, according to federal law, they don't have to. . . . Most of these employers already offer domestic partner benefits, including health insurance, but that has drawbacks: Those receiving domestic partner health benefits pay higher taxes and must jump through hoops most married couples don't face." (Omaha World-Herald)
Extending Benefits Under Federally-Regulated Employee Benefit Plans to Same-Sex Couples
Excerpt: "The article examines state, county, municipal and private employer initiatives extending rights and benefits to same-sex couples and how those initiatives are negated in the area of federally-regulated employee benefit plans. The article also analyzes recent federal and state court decisions challenging federal and state laws denying legal recognition to same-sex couples, and concludes that court decisions are unlikely to extend rights to same-sex couples in the area of federally-regulated employee benefit plans. Finally, the article recommends an amendment to the federal regulatory scheme that will afford benefits and tax advantages to same-sex couples consistent with ERISA's goals. The recommended amendment is also palatable in that it confers rights under these plans to same-sex couples while avoiding the political 'hot potato' of federal recognition of same-sex civil marriages or civil unions." (Social Science Research Network)
[Guidance Overview] More States License Same-Gender Marriages
Excerpt: "Maine, Vermont and New Hampshire have joined Massachusetts and Connecticut in licensing same-gender marriages, and legislation is pending in other states (most notably New York). Iowa has also started to license same-gender marriages in response to a court decision from that state's highest court." (The Segal Group, Inc.)
Obama Backs Extension of Benefits to Same-Sex Partners of Federal Employees
Excerpt: "President Obama on Wednesday directed the Office of Personnel Management to extend long-term care benefits and family and parental leave to the same-sex partners of gay and lesbian federal employees, and ordered agencies to conduct internal reviews to identify other benefits that they could extend as well. . . . Obama stopped short of granting employees' domestic partners access to health care benefits, saying he legally could not do so, but endorsed legislation that would provide such benefits." (GovernmentExecutive.com)
New Hampshire Legalizes Same Sex Marriage
Excerpt: "Prior to signing the bill, Governor Lynch said 'Today we're standing up for the liberties of same-sex couples by making clear that they will receive the same rights, responsibilities, and respect under New Hampshire law . . . .' (Feminist Majority Foundation)
U.S. Government to Extend Its Job Benefits to Gay Partners
Excerpt: "President Obama will sign a presidential memorandum on Wednesday to extend benefits to same-sex partners of federal employees, administration officials said Tuesday evening, but he will stop short of pledging full health insurance coverage." (The New York Times; free registration required)
New Hampshire Employers Have Time to Prepare for Same-Sex Marriage Issues
Excerpt: "Employers in New Hampshire have a good six months to adjust their benefit plans to accommodate the new law Gov. John Lynch (D) signed on June 3 allowing same-sex marriage in that state. The law takes effect on Jan. 1, 2010. This makes New Hampshire the sixth state in which same-sex marriage is legal, joining Massachusetts, Connecticut, Iowa, Maine and Vermont." (Thompson Publishing Group)
[Guidance Overview] State of Wisconsin Wins Same-Sex Benefit Denial Challenge
Excerpt: "While the state of Wisconsin won a victory in an American Civil Liberties Union (ACLU) legal battle over benefits for same-sex partners of state employees, a state judge used his ruling to assert that the practice of denying the same-sex benefits is unconstitutional. Dane County Circuit Judge David Flanagan said despite his belief that the state benefits practice is not constitutional, he was nonetheless bound by a 1992 state appellate decision upholding their validity." (PLANSPONSOR.com; free registration required)
Arizona Lawmakers Could Kill Domestic Partner Benefits Rule
Excerpt: "Arizona state lawmakers are moving to strip the domestic partners of state and university employees of the health insurance coverage they gained just a year ago, according to a news report. The Arizona Daily Star reported that a provision in the state budget would legally define 'dependents' of state employees who are entitled to coverage as a spouse or a child younger than 19 -- or younger than 23 if a full-time student." (PLANSPONSOR.com; free registration required)
[Guidance Overview] Arizona Lawmakers Move to End Domestic Partner Benefits
Excerpt: "Senate President Bob Burns, R-Peoria, said legislative oversight is particularly important this year, with the state running a deficit, and given there is a cost involved. Department of Administration spokesman Alan Ecker said domestic partner coverage costs the state about $3 million a year on top of the $625 million Arizona spent on health insurance for other employees." (Bloomberg News via Arizona Daily Star)
Treatment of Federal Employees' Domestic Partners
Excerpt: "Secretary of State Hillary Clinton plans to announce that she will grant the domestic partners of gay and lesbian diplomats many of the same rights and protections as the spouses of heterosexual Foreign Service officers. But there are limits to what she can promise. Clinton can open the door to diplomatic passports, emergency evacuations, medical clinics and language classes, and she can offer preferential consideration for certain jobs. But she can't extend coveted benefits such as membership in the Federal Employees Health Benefits Program to domestic partners. The State Department situation illustrates a challenge for agency heads who want to put gay and lesbian employees and their partners on equal footing with their straight counterparts. Agency leaders can make some changes, but sweeping reforms to the benefits system will require legislative action." (GovernmentExecutive.com)
[Guidance Overview] California Supreme Court Upholds Ban on Same-Sex Marriage, but Recognizes Marriages Performed in 2008
Excerpt: "From an employee benefits perspective, the immediate impact of the court's ruling is that approximately 18,000 same-sex marriages have been ruled valid (unlike the same-sex marriages performed in San Francisco in 2004). As a result, employers will need to review their employee benefit plans to determine whether changes are necessary or desirable in light of the fact that spousal benefits may be provided indefinitely to a limited number of same-sex couples." (McDermott Will & Emery)
Governor Signs Bill Recognizing Domestic Partners in Washington State
Excerpt: "Washington Governor Christine Gregoire signed into law S.B. 5688, which essentially makes state-registered domestic partnerships the equivalent of marriages. Under the bill, domestic partners in Washington have to be treated the same as married persons for all purposes under state law (see Domestic Partners in WA Would Have More Rights under New Bill). The bill requires state agencies to amend their rules so those in registered domestic partnerships are covered by all privileges, immunities, rights, benefits and responsibilities applicable to married people under state law." (PLANSPONSOR.com; free registration required)
Official Summary of the Tax Equity for Health Plan Beneficiaries Act, H.R. 2625 (PDF)
1 page. Excerpt: "The Tax Equity for Health Plan Beneficiaries Act of 2009 would end the federal tax inequities for employer-sponsored health coverage provided to domestic partners and other non-spouse, non-dependent beneficiaries, as detailed [in the target page]." (American Benefits Council)
Tax Examples for Tax Equity Legislation: Domestic Partner Tax Example (PDF)
2 pages. Excerpt: "When an employer provides health insurance for the spouse or dependents of an employee, federal tax law allows the value of the health insurance coverage to be excluded from an employee's gross income. No such exclusion exists under current law for health insurance provided by an employer to an employee's domestic partner or the dependents of an employee's domestic partner. Accordingly, the value of the health insurance coverage provided by an employer (including coverage paid for with employee pre-tax contributions) for an employee's domestic partner or the dependents of an employee's domestic partner is income that is imputed to the employee and subject to federal income and payroll taxes. As a result, individuals that secure employer-provided health insurance coverage for themselves and their non-spouse, non-dependent family members face a significant tax penalty; one that, depending on the facts applicable to the specific individual, can be in the thousands of dollars per year and result in an individual paying in excess of 50% more in federal taxes." (American Benefits Council)
American Diplomats' Same-Sex Partners to Get Benefits
Excerpt: "The State Department will offer equal benefits and protections to same-sex partners of American diplomats, according to an internal memorandum Secretary of State Hillary Rodham Clinton sent last week to an association of gay and lesbian Foreign Service officers. Mrs. Clinton said the policy change addressed an inequity in the treatment of domestic partners and would help the State Department recruit diplomats, since many international employers already offered such benefits." (The New York Times; free registration required)
Lawmakers Unveil Bipartisan Federal Employee Domestic Partner Benefits Bills
Excerpt: "A bipartisan group of legislators has introduced House and Senate bills that would grant the domestic partners of gay and lesbian federal employees the same health and retirement benefits as the spouses of heterosexual workers. . . . [Rep. Ileana] Ros-Lehtinen and Rep. Tammy Baldwin, D-Wis., who co-chairs the Congressional Lesbian Gay Bisexual and Transgender Equality Caucus, introduced the 2009 Domestic Partners Benefits and Obligations Act in the House. Sens. Joe Lieberman, I-Conn., and Susan Collins, R-Maine, unveiled the Senate version." (GovernmentExecutive.com)
Pennsylvania State Benefits Board Extends Health Care to Domestic Partners
Excerpt: "Domestic partners of Pennsylvania state employees will soon be eligible for state employer-sponsored health care benefits. The Pennsylvania Employees Benefits Trust Fund agreed on the policy, which goes into effect in July. It provides full medical coverage for domestic partners who have lived together at least six months, as well as their children, according to the Philadelphia Inquirer." (PLANSPONSOR.com; free registration required)
Washington Governor Signs Domestic Partner Rights Law
Excerpt: "Gov. Chris Gregoire has approved a measure that gives same-sex domestic partners all the rights and benefits that Washington state offers married couples. Gregoire signed the bill Monday in Seattle. It will take effect at the end of July, unless opponents collect enough signatures to put a referendum on the ballot." (KREM-TV)
[Guidance Overview] Same-Sex Marriage: The Defense of Marriage Act and the States' Approaches
Originally published in BNA's Pension & Benefits Daily. (Utz, Miller, Kuhn & Eickman, LLC)
Same-Gender Marriage Legal in Maine: Employers Should Prepare
Excerpt: "Employers should be aware that they may need to adjust their human resources, benefits and personnel policies in accordance with the new same-sex marriage law in Maine, [scheduled to] go into effect later this year. Same-sex marriage became legal in Maine and likely can be performed there beginning in September, after Gov. John Baldacci (D) on May 6 signed a bill the state Senate approved earlier that day. The new law allows civil marriages but does not require churches to perform or recognize same-sex marriage. It takes effect 90 days after the current session of the legislature ends; this likely means it will go into effect in mid-September." (Thompson Publishing Group)
Obstacles to Health Insurance for Gay Couples
Excerpt: "Currently about one-third of companies with more than 500 employees offer domestic partner benefits. That's up from about 12 percent in 2000, according to a study from Mercer, an employee benefits consulting firm. But the percentage drops off sharply when smaller employers are counted . . . . And there is no provision for domestic partner benefits for federal employees, although there are some legislative efforts to change that. Some states and municipalities offer their employees domestic partner coverage, depending on the state laws." (The New York Times; free registration required)
Maine Governor Signs Same-Sex Marriage Bill
Excerpt: "Maine Governor John Baldacci signed a bill Wednesday approving same-sex marriage, making the state the fifth to do so. The Associated Press reports that the Maine Senate voted 21-13, with one absent, for a bill that authorizes marriage between any two people rather than between one man and one woman, as state law currently allows. The House had passed the bill Tuesday. Maine is now the fourth state in New England, to allow same-sex marriages." (PLANSPONSOR.com; free registration required)
[Guidance Overview] Several States Expand Marriage Rights for Same-Sex Couples
Excerpt: "EBIA Comment: While we generally do not cover state-law developments, we thought it would be helpful to note the apparent state-law trend toward expansion of same-sex marriage rights and remind employers and plan administrators of some basic concepts that apply when benefits are provided to domestic partners, same-sex spouses, and individuals in similar relationships (e.g., civil unions). Most employer-sponsored benefit plans are not directly bound by state law (due to the operation of ERISA's preemption clause). And the federal Defense of Marriage Act (DOMA) (defining marriage as a union between a man and a woman) continues to control for federal law purposes (including federal taxation of benefits), even when state law has made same-sex marriage legal." (Employee Benefits Institute of America)
Minnesota House Approves Health Benefits for Domestic Partners of State Employees
Excerpt: "Deep inside a state agency funding bill approved by the Minnesota House was a provision that would extend health insurance benefits to domestic partners of state employees. . . . The bill provides for the benefits to begin in 2012. [M]any state Republicans fear the definition of domestic partner in the legislation is loose enough that even friends of state employees could get the benefits. But, state Democrats say the benefits are a hard-fought civil right." (PLANSPONSOR.com; free registration required)
Same-Sex Rights Approved by Washington House
Excerpt: "After emotional debate, state lawmakers on Wednesday approved an 'everything but marriage' bill granting same-sex domestic partners most of the rights and responsibilities of spouses. The bill, which passed 62-35, now goes to Gov. Chris Gregoire, who said she'll sign it into law. . . . Senate Bill 5688 expands on previous rights and protections lawmakers have approved for domestic partners. The new changes include labor and employment rights, pensions and insurance matters." (The Spokesman-Review)
New York Governor Introduces Bill to Allow Gay Marriage
Excerpt: "Gov. David Paterson introduced a bill Thursday to legalize same-sex marriage in New York . . . . ''Rights should not be stifled by fear,'' Paterson said. ''What we should understand is that silence should not be a response to injustice. And that if we take not action, we will surely lose.'' Gay and lesbian couples are denied as many as 1,324 civil protections -- such as health care and pension rights -- because they cannot marry, Paterson said." (AP via The New York Times; free registration required)
Rights for Same-Sex Partners Headed for State of Washington Law
Excerpt: "Same-sex domestic partners would have all the rights and benefits that Washington state offers married couples under a bill that passed the state Legislature on Wednesday. After nearly two hours of debate, the House approved the Senate-passed measure on a mostly party-line 62-35 vote. It now goes to Gov. Chris Gregoire, who said she will sign it into law." (AP via Tacoma News, Inc.)
[Guidance Overview] COBRA Subsidy Provision Effects on COBRA Premiums when Employee has Same-Sex Spouse or Domestic Partner
Excerpt: "COBRA regulations do not require that you extend COBRA coverage to domestic partners of either sex or same-sex spouses, although many employers do so as part of their benefits package. One extra complication in the ARRA subsidy provision is that coverage for domestic partners, same-sex spouses and their children who are not dependents of the employee are not eligible for the subsidy." (TRI-AD)
[Guidance Overview] New Laws And Drafting Tips for Welfare Plans In 2009
52 slides from the firm's March 26 presentation. Excerpt: "Federal COBRA Premium Subsidy for Involuntary Terminations; Children's Health Insurance Program (CHIP) Reauthorization Act; Centers for Medicare and Medicaid (CMS) Reporting Changes; Drafting Tips: Strengthen Litigation Protections; Plan Statute of Limitations and Venue; Plan Definition of 'Spouse'." (Sidley Austin LLP)
Vermont Is Fourth State to Legalize Same-Sex Marriage
Excerpt: "The Associated Press reports that the state legislature voted Tuesday to override Governor James Douglas' veto of a bill allowing gays and lesbians to marry. The vote was 23-5 to override in the state Senate and 100-49 to override in the House." (PLANSPONSOR.com; free registration required)
[Guidance Overview] Same-Sex Marriage Legalized in Iowa and Pending in Vermont
Excerpt: "Employers throughout the country may soon experience an increase in requests for spousal benefit coverage from employees who have legally married their same-sex partners now that same-sex marriage has been legalized in Iowa and a bill to do so is pending in Vermont." (McDermott Will & Emery)
[Guidance Overview] Couple Says Health Coverage Dropped They Are Not Gay
Excerpt: "A heterosexual couple in Washington State is challenging an employer's decision to drop health care coverage for the female, saying it is reverse discrimination. The Yakima Herald reports that Sharleen Honeycutt and Charles Weems have filed a complaint with the state Human Rights Commission and the federal Equal Employment Opportunity Commission against Battelle, Weems' employer, for terminating medical coverage to Honeycutt because the couple is not gay. Battelle spokesperson Staci West says the company denies violating any federal or state law, and it only extends medical benefits to same-sex domestic partners because they 'have no other legal way to obtain health care benefits,' according to the Herald." (PLANSPONSOR.com; free registration required)
Federal Workers Sue To Break Defense of Marriage Act's Bar on Domestic Partner Benefits
Excerpt: "Gay and lesbian federal employees and their spouses are suing the government for full retirement and health care benefits currently denied them under the Defense of Marriage Act (DOMA). According to FederalTimes.com, the organization Gay & Lesbian Advocates & Defenders filed the suit challenging section 3 of DOMA earlier this month in the U.S. District Court of Massachusetts. The 'Defense of Marriage Act' or DOMA, was passed by Congress in 1996 and signed into law by then-President Bill Clinton. It defines marriage as between a man and a woman, and it blocks federal spousal benefits, such as health and pension benefits, from going to same-sex spouses of federal employees and retirees." (PLANSPONSOR.com; free registration required)
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