Headlines about "Domestic partner, same-sex benefits"
Gathered from the web by the editors at BenefitsLink.com.
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)
Federal Appeals Court Rulings Aid Gay Partners
Excerpt: "Just seven weeks into office, President Obama is being forced to confront one of the most sensitive social and political issues of the day: whether the government must provide health insurance benefits to same-sex partners of federal employees." (The New York Times; free registration required)
Washington State Senate OKs Domestic Partner Rights Expansion
Excerpt: "Same-sex domestic partners would have all of the rights and benefits that Washington offers married couples under a measure passed by the state Senate. Supporters of the bill said it offers same-sex couples fairness that has been denied them under the state's 1998 Defense of Marriage Act, which restricts marriage to unions between a man and woman." (AP via The New York Times; free registration required)
Same-Sex Spouses Challenge U.S. Curbs on Marriage
Excerpt: "The suit, which legal specialists described as the first serious challenge to the federal law signed by President Bill Clinton, contends that the statute has deprived the plaintiffs of benefits enjoyed by heterosexual married couples. Those benefits include health insurance for spouses of federal employees, tax deductions for couples who jointly file federal income tax returns, and the ability to use a spouse's last name on a passport." (The Boston Globe)
Suit Seeks to Force Government to Extend Benefits to Same-Sex Couples
Excerpt: "The legal advocacy group that successfully argued for sex-same marriage in Massachusetts intends to file suit here on Tuesday seeking some federal benefits for spouses in such marriages. The target is the Defense of Marriage Act, passed by Congress in 1996, which prohibits the federal government from recognizing same-sex marriage. That law denies federal benefits, like Social Security survivors' payments, to spouses in such marriages." (The New York Times; free registration required)
Health Care Coverage Taxation in a Same-Sex Union
Excerpt: "Can I deduct the imputed income that is added to my pay to cover my same-sex partner's portion of medical insurance costs? We are not in a same-sex marriage or civil union, but I cover him under the domestic partnership option of my employer's medical/dental insurance. The value of his coverage is added to my pay as imputed income, on which I pay substantial taxes. Can I use this amount for the year in determining my medical expense deductions, as it would exceed the 7.5-percent AGI (adjusted gross income) test?" (Bankrate.com via Yahoo! Inc.)
The State of the Workplace for Lesbian, Gay, Bisexual and Transgender Americans 2007-2008 (PDF)
38 pages. Excerpt: "This ninth installment of The State of the Workplace report shows that job protections and benefits for lesbian, gay, bisexual and transgender employees have surged in recent years, at large businesses and other private employers such as law firms and universities. In particular, protections against employment discrimination on the basis of gender identity have expanded rapidly. Today, the more successful a business (as defined by the annual Fortune 500 ranking of gross revenue) the more likely it is to include protections for LGBT employees . . . ." (Human Rights Campaign Foundation)
Colorado Senate Gives Initial OK to Same-Sex Benefits for State Workers
Excerpt: "The partners of gay and lesbian state workers would be able to get health insurance coverage under a bill given initial backing by the Senate on Monday. The measure (Senate Bill 88) would add domestic partners to the list of dependents eligible for coverage. Same-sex partners who have been in a committed partnership with a state employee for at least a year would qualify as a domestic partner. Sponsor Sen. Jennifer Veiga, D-Denver, said it was a 'fair and equitable' step that would help Colorado compete for employees with businesses and other states that offer such coverage. She also said 17 Colorado counties and cities already offer such benefits." (Washington Blade)
Federal Judge Rules Denial of Health Coverage to Same-Sex Spouse Unconstitutional
Excerpt: "A federal judge has deemed unconstitutional the government's denial of healthcare coverage and other benefits to the same-sex spouse of a Los Angeles public defender, calling into question the validity of the 1996 Defense of Marriage Act. 9th U.S. Circuit Court of Appeals Judge Stephen Reinhardt said the federal government's refusal to grant spousal benefits to Tony Sears, the husband of deputy federal public defender Brad Levenson, amounted to unlawful discrimination on the basis of sex and sexual orientation." (Los Angeles Times)
New York Judge Says Same-Sex Spouse Gets Husband's Estate
Excerpt: "A judge has issued New York state's first ruling that the survivor of a legal same-sex marriage is entitled to inherit a dead spouse's estate. Manhattan Surrogate Court Judge Kristin Booth Glen ruled that J. Craig Leiby was 'the surviving spouse' and sole heir of H. Kenneth Ranftle." (AP via Yahoo! News)
Maryland Governor Seeks Wider Health Benefits with Same-Sex Couples Focus of Plan
Excerpt: "Partners of gay and lesbian Maryland state employees and their children would be entitled to health benefits under a proposal announced yesterday by Gov. Martin O'Malley. If the plan is approved by a legislative committee, Maryland would join the District and 15 states that offer health insurance to domestic partners, through union contracts, executive orders, laws or court decisions." (The Washington Post; free registration required)
[Opinion] Law Professor Writes: Preserve Domestic-Partner Benefits for Arizona State Employees
Excerpt: "A bill pending in the Arizona Senate (SB 1174) would eliminate the domestic-partnership benefits for state employees that became available in October. Withdrawing the benefits would be a mistake, and not just for those people who desperately need the benefits for health insurance. Withdrawing the benefits would signal to the world that Arizona is taking a step backward rather than forward." (The Arizona Daily Star)
[Guidance Overview] Same-Sex Marriage Benefits Update (PDF)
Pages 4-5 of 7. Excerpt: "[Trucker Huss previously] discussed the potential implications that the May 15, 2008 California Supreme Court (the 'Court') decision regarding the ability of same-sex couples to get married under the laws of the State of California could have on qualified pension plans, health and welfare plans, and non-qualified deferred compensation plans (collectively, 'plans'). The purpose of this article is to provide an update on the status of same-sex marriages in California and the possible consequences for sponsors of such plans." (Trucker Huss)
Advocates Offer Married Gay New Yorkers Guidelines
Excerpt: "Those impacts range from eligibility for insurance coverage and workers' compensation benefits . . . . The report, which also spells out several obligations of married same-sex spouses, leaves unresolved, for the moment, key questions related to taxes -- specifically, the right to file jointly on state income tax forms and, also, freedom from having employer contributions to an employee's spousal benefits be treated as income to that employee." (GayCityNews)
Recent Developments in Four States Regarding Same-Sex Marriage and Civil Unions (PDF)
3 pages. Excerpt: "Following the changing developments in same-sex marriage and civil union laws is important for employers, plan sponsors, and insurers to ensure that benefit plans comply with state and local laws that are not preempted by ERISA. Generally, insured benefit plans will be required to cover same-sex spouses, and self-insured plans, because of ERISA preemption, may elect whether to cover same-sex spouses. Employers may also be interested, for plan design purposes, in what benefits other employers are offering to same-sex spouses and partners. [W]e briefly summarize recent developments in California, Connecticut, New Hampshire, and New York regarding same-sex marriage and civil unions." (Groom Law Group)
[Guidance Overview] Connecticut Licenses Same-Gender Marriages (PDF)
2 pages. Excerpt: "Connecticut began to license same-gender marriages on November 12, 2008 . . . . This Bulletin summarizes these developments and discusses the implications for plan sponsors. Because there is no residency requirement to marry in Connecticut, even plan sponsors outside the state should be prepared to answer questions about coverage for same-gender spouses." (Sibson Consulting)
[Guidance Overview] Fully-Insured Benefit Plans in New York Must Recognize Out-of-State Same-Gender Marriages (PDF)
Excerpt: "All fully-insured benefit plans that offer spousal coverage must recognize a same-sex spouse of an employee if the marriage was performed in a jurisdiction in which such marriages are legal. The New York State Insurance Department issued a Circular Letter on November 21, 2008 . . . stating that it expects all New York insurers to recognize the marriages of same-sex couples legally performed in other jurisdictions for purposes of providing the same level of insurance coverage as is provided to opposite-sex spouses. This Client Alert reviews the developments that led to the Insurance Department's pronouncement and provides some general interpretive guidance to benefit plan sponsors." (Proskauer Rose LLP)
Towers Perrin U.S. Legislative Tracking Chart: Health & Welfare (PDF)
25 pages. Excerpt: "These charts summarize selected federal legislation that would affect employee benefit programs. The bills included on the charts are based on judgments regarding the prominence of the issue, the likelihood of enactment, and the influence of the sponsors." (Towers Perrin)
New York Insurers Must Cover Same-Sex Spouses
Excerpt: "The New York Insurance Department's adoption of the state's position recognizing lawful same-sex marriages means insurers and HMOs in New York must immediately begin providing identical coverage to same- and opposite-sex spouses. Employers offering insured life, health, accident, disability or other insurance coverage must coordinate with their insurers to determine which benefits are affected." (Mercer LLC)
Connecticut Insurers Must Extend Equal Rights to Same-Sex Spouses
Excerpt: "Connecticut insurers must provide the same rights and coverage for same-sex spouses as they do for opposite-sex spouses effective Oct. 28, according to a state regulatory bulletin (IC-21). The rights extend to all lawful same-sex spouses, whether married in Connecticut or in another jurisdiction that authorizes same-sex marriage." (Mercer LLC)
New Jersey Could Be First State to Legalize Marriage for Same-Sex Couples Through Legislative Action
Excerpt: "Civil unions are an inadequate substitute for marriage. Creating a separate, new legal structure to confer some benefits on same-sex couples neither honors American ideals of fairness, nor does it grant true equality. The results are clearly visible in New Jersey, which continues to deny same-sex couples some of the tangible civil benefits that come with marriage." (The New York Times; free registration required)
New Jersey State Commission Urges Marriage Equality Now
Excerpt: "A key issue now is whether Governor Jon Corzine will allow a marriage bill to move before his 2009 reelection bid. In a report comprehensive in scope and sweeping in its conclusions, an official government commission in New Jersey recommended that the Legislature change state law 'to allow same-sex couples to marry' and to do so 'expeditiously because any delay in marriage equality will harm all the people of New Jersey.' The findings, released on the morning of December 10 and which ran to 45 pages plus appendices, were issued in the 'final report' of the New Jersey Civil Union Review Commission, a 13-member body established when civil unions were enacted in late 2006 [a link to the complete report is on the target page]." (GayCityNews)
Spousal Insurance Gain in New York State
Excerpt: "The New York State Insurance Department has notified insurance companies licensed to do business in the state that, under current legal precedents, they must recognize the marriages of same-sex couples who live here and married in a jurisdiction that authorizes marriage for same-sex couples. The notice came in the form of a November 21 Circular Letter and addresses entitlement to coverage under insurance policies written in New York." (GayCityNews)
Same-Sex Partners Losing Health Benefits at University of New Hampshire Unless They Enter Into Civil Unions
Such a change has been made by the State of New Hampshire for its employees as well. (AP via Concord Monitor)
New York State Insurance Department Provides Instructions on Handling of Same-Sex Marriages
Excerpt: "The department's general counsel's office [on Nov. 21] issued a legal opinion concluding that same-sex spouses wed through 'marriages legally performed outside of New York must be treated as spouses for purposes of the New York Insurance Law, including all provisions governing health insurance,' officials write. Employers that offer group health plans must offer legal same-sex spouses the same access to coverage that they would offer to opposite-sex spouses, officials write." (National Underwriter)
[Guidance Overview] 2008 Year-End Checkup for Pension and Welfare Benefit Plans (PDF)
17 pages. Excerpt: "This Alert will help identify general year-end administrative and planning issues that could lead to compliance or employee relations problems if not addressed before, or early in, 2009. In addition, we have highlighted recent legislative or regulatory developments that may require plan design or documentation changes." (Aon)
Connecticut Employers Won't See Health Insurance Change After Same-Sex Marriage
Excerpt: "For the past eight years, state government has allowed its employees in same-sex relationships to extend health benefits to their partners. Since 2005, Connecticut towns have had to offer health coverage to same-sex couples who entered a formal, civil union. But despite the recent state Supreme Court ruling legalizing same-sex marriage in this state, most private businesses in Connecticut remain free to extend or deny benefits to same-sex couples. That's because the federal government doesn't recognize such marriages. Therefore, the federal statute that requires private-sector employee insurance to be available for workers' spouses isn't affected by any state court ruling, and still applies only to heterosexual couples." (Journal Inquirer)
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