Headlines about "Domestic partner, same-sex benefits"

Gathered from the web by the editors at BenefitsLink.com.
[Guidance Overview] Chart of State Domestic Partner and Same-Sex Marriage Laws as of May 10, 2012
Jurisdictions covered are CA, CO, CT, DC, DE, HI, IA, IL, MD, ME, MA, NH, NJ, NV, NY, OR, RI, VT and WA. Issues described in this nicely done 3-page chart include: type of relationship addressed, whether or not health insurance coverage is mandated; whether a leave law applies; scope of state tax exclusion for health coverage; scope of rights (same as opposite sex vs. limited); and recognition of out-of-state relationships. (Mercer)

Same-Sex Partner Benefits Bill for Federal Employees Is Up for Consideration
"[The Senate Homeland Security and Governmental Affairs Committee is moving forward with a same-sex measure] for federal employees. The committee will hold a markup session for the 2011 Domestic Partnership Benefits and Obligations Act (S. 1910) ..., which opens retirement, health, transportation and other benefits to same-sex domestic partners of government workers." (Government Executive)

President's Support of Same-Sex Marriage Has No Legal Effect on Employers' Decisions to Offer Benefits to Workers' Domestic Partners
"Last year, a little more than half of employers offered health benefits for domestic partners.... That's up from a little less than one-third in 2010. The biggest factors driving that change are employers' views on whether such benefits help them attract and retain desirable workers." (NPR)

Many Businesses Offer Health Benefits to Same-Sex Couples Ahead of Laws
"'There's been a steady growth for a long time,' says ... a partner at Mercer. In the early days, some employers worried that adding coverage for domestic partners could make their costs skyrocket by attracting people with higher-than-average health risks, ... but 'that did not happen.' ... In the Mercer survey, coverage of same-sex partners was most common in the West, with 79 percent of large employers offering such benefits. It was least common in the South, at 28 percent. Big differences were also noted within industries. Among manufacturing firms, for example, the coverage rate ranged from a high of 96 percent for pharmaceutical companies to 18 percent for machinery and heavy equipment makers." (Kaiser Health News)

North Carolina Voters Amend Constitution to Limit Marriage to Persons of Opposite Sex: Implications for Employers
"The new amendment to the North Carolina constitution reemphasizes that employers in North Carolina will not have to adjust their policies, plans and documents to accommodate or provide for same-sex spouses. Employers may, however, offer benefits to the same-sex spouses of employees who enter into those marriages in states where it is legal -- the amendment does not prevent that. Employers also may provide benefits that are not taxable to employees' same-sex spouses. But the amendment does mean that it remains the case that for purposes of state taxation, if an employer in North Carolina provides coverage in a health and welfare plan to the same-sex spouse of an employee, that coverage is taxable income to that employee." (Thompson / Smart HR Manager)

North Carolina Voters Approve Same-sex Marriage Ban
"North Carolina voters on Tuesday approved a state constitutional amendment that bans same-sex marriage and civil unions ... North Carolina law already blocks gay and lesbian couples from marrying, but the state now joins the rest of the Southeast states in adding the prohibition to its constitution." (Yahoo! News)

Obama Declines to Order Ban on Anti-gay Bias by Employers with Federal Contracts
"The executive order, which activists said had support from the Labor and Justice Departments, would have applied to gay, bisexual and transgender people working for or seeking employment from federal contractors. Current law does not protect against discrimination based on sexual orientation or gender identity, and legislation to do so, which Mr. Obama endorses, lacks sufficient votes in Congress." (The New York Times; free registration required)

Senate Bill Introduced to Extend Variety of Federal Employee Benefits to Same-Sex Partners
"Legislation that would allow a range of benefits for same-sex domestic partners of federal employees gained a boost last week with the announcement of 20 new Senate co-sponsors and the endorsement of 35 organizations.... In addition to health benefits, under the Lieberman/Collins Domestic Partnership Benefits and Obligations Act, same-sex domestic partners of federal workers living together in a committed relationship could get retirement, family and medical leave and long-term care benefits." (The Washington Post; free registration required)

Maryland Governor to Sign Same-Sex Marriage into Law on Thursday
"While still controversial, same-sex marriage has been gaining acceptance nationally in recent weeks as Washington state legislators voted to allow gay marriage and the New Jersey legislature passed a gay marriage law through both houses, although it was vetoed by Governor Chris Christie." (Yahoo! News)

Obama Administration Allows Health Coverage for Same-Sex Spouse
"The Obama administration has directed a health insurance company to cover the same-sex spouse of a federal employee. Gay rights advocates say they believe this is the first time such coverage has been allowed." (The Washington Post; free registration required)

Employers Boost Tax Benefits for Same-Sex Couples
"Ernst & Young is one of about 35 businesses that offer tax benefits to same-sex couples, nearly triple the 12 companies that offered it just a year ago.... That's because starting Jan. 1, Ernst & Young became one of a growing number of companies who will compensate lesbian, gay, bisexual and transgender employees for a provision in federal tax law that forces them to pay income taxes on health and wellness benefits for same-sex partners, a sum that heterosexual married couples don't have to pay." (CNN Money)

Washington State Latest Jurisdiction to License Same-Gender Marriages
"Washington joins seven other U.S. jurisdictions that currently license same-gender marriages. However, because under the federal Defense of Marriage Act (DOMA) federal tax benefits for spouses are limited to spouses of the opposite sex, legal recognition of same-gender marriage by the states can raise complicated issues for both defined benefit (DB) and defined contribution (DC) plans that are controlled primarily by federal law." (Segal)

[Guidance Overview] Another Federal Trial Court Finds DOMA Unconstitutional
"DOMA's validity is significant in the benefits arena given the federal tax implications for benefits provided to same-sex spouses and the impact DOMA has on other benefit rules (such as whether same-sex spouses have COBRA and HIPAA special enrollment rights). Despite this decision, the question of DOMA's constitutionality is far from resolved." (Thomson Reuters/EBIA)

DOMA Still Dogs Domestic Partners of Feds
"The Office of Personnel Management has been able to obtain some benefits for same-sex partners, but it's been hamstrung by the 1996 statute, which contains a section barring the federal government from granting benefits to same-sex couples." (Government Executive)

Administration Preparing to Finalize Regs Giving Benefits to Same-Sex Partners of Federal Employees
"According to [a Washington Post] article, under the regulations, federal employees would be able to get child-care subsidies for the children of a same-sex domestic partner. In addition, employees would get evacuation pay to cover their partner in the event of an emergency overseas. The regulations would also treat domestic partners like spouses for purposes of choosing an insurable interest option at retirement and same-sex domestic partners of federal employees would be eligible for noncompetitive federal jobs when a staffer returns from an overseas assignment." (Wolters Kluwer Law & Business / CCH)

Maryland Governor to Sign Same-Sex Marriage into Law on Thursday
"Same-sex couples can marry in the District of Columbia and in six states -- Massachusetts, Iowa, Vermont, New Hampshire, Connecticut and New York. Washington state will join the list in June unless opponents stop it ahead of a possible ballot initiative." (Yahoo! News)

Federal Defense of Marriage Act Found Unconstitutional Again
"Employers with employees who seek coverage under their benefit plans for their same-sex spouses would be justified in wondering exactly what they should do under federal law. The federal Defense of Marriage Act (DOMA) is still in force, but the Obama administration will not enforce or defend it. And now another court has found it unconstitutional." (SmartHR)

Same-Sex Benefits & Taxes
"Health plans that provide coverage to same-sex couples and domestic partners require some special consideration for tax purposes so [here's a review of some of] the key issues." (Employee Benefit News)

When Gay Employees Can Enroll Spouses for Health Insurance
"If you work for a company that provides your health benefits, you typically need to wait until the annual 'open enrollment' period to add a family member or a dependent to your plan. There are exceptions, of course. If you get married or have a child, for instance, you can add them to your plan right away. But a reader recently raised an important question: How do these rules apply to lesbian and gay couples, since their marriages are not recognized by the federal government? If gay employees marry, will they be able to immediately add their new spouse to their health coverage?" (The New York Times; free registration required)

[Guidance Overview] Washington State Is Latest Jurisdiction to License Same-Gender Marriages
"This Compliance Alert notes which jurisdictions license same-gender marriages and provides a brief introduction to the implications for retirement plan sponsors." (Segal)

[Guidance Overview] Same-Gender Marriage: Action Steps for Pension Plan Trustees (PDF)
"[This] information may be helpful to retirement plan sponsors as they review their benefit offerings and plan documents to determine whether and how to accommodate participants' same-gender spouses." (Segal)

New Jersey Lawmakers Approve Gay Marriage, Veto Looms
"So far, seven US states -- Connecticut, Iowa, Massachusetts, New Hampshire, New York, Vermont and Washington -- and the District of Columbia have legalized same-sex marriages." (AFP via Yahoo!News)

[Guidance Overview] California Ban on Same-Sex Marriage Violates U.S. Constitution
"The Ninth Circuit's decision will not have an immediate effect in California, as it remains stayed while proponents of Proposition 8 consider their appeal options (including a request to the U.S. Supreme Court to hear the case). In addition, given the pains the court took to limit its ruling, the decision may not have direct applicability to existing laws in the other eight states in the Ninth Circuit." (Thomson Reuters/EBIA)

Same-Sex Marriage Legal in Washington State
"Employers in Washington State need to adjust their policies, plans and documents to accommodate the state law making same-sex marriage legal. But employers there must remember that while same-sex marriage is legal in Washington State, federal law and regulation do not recognize same-sex marriage and same-sex spouses. Therefore, employers in Washington State will have to contend with the added complexity of treating same-sex spouses differently for purposes of state law and federal law." (Thompson)

Bill Would Allow Tax Reimbursement to Federal Employees for Domestic Partner's Travel
"Heads of federal agencies would have the authority to reimburse employees for the taxes imposed on reimbursements of travel or transportation expenses their domestic partners incur when accompanying them on a business trip, under a bill introduced in the U.S. House on Nov. 18[:] the Domestic Partnership Benefits and Obligations Act (H.R. 3485)." (SmartHR Manager)

[Guidance Overview] Marriage Equality Act Passes in Washington State
"For purchased insurance, including health benefits, the Act is unlikely to have any impact, apart from a change in terminology from domestic partner to spouse. Employers should check with their insurance brokers, however, to see if there are any changes to plans, policies, enrollment forms or other issues related to purchased insurance benefits." (Littler)

[Guidance Overview] New York's Marriage Equality Act and its Effect on Welfare and Pension Benefits (PDF)
Page 5 of 8 pages. 'Almost without exception, the Act provides that same-sex couples must be able to marry in New York, that the marriages of same-sex and opposite-sex couples must be treated equally in all respects under the law, and that marriages must be valid regardless of whether the parties to the marriage are of the same or opposite sex." (Schulte Roth & Zabel)

Washington Could Be Seventh State to Allow Same-sex Marriage
"A sufficient number of Senators for passage in that chamber have said they would vote for it if it reaches the Senate floor, and Gov. Chris Gregoire (D) said earlier in January that she would sign such a measure if it reaches her desk." (Thompson Media)

Washington State Senate Passes Gay Marriage Bill
"The 28-21 vote in favor of the measure -- three more votes than needed for passage -- sent it on to [Washington] state's House of Representatives, where the bill is expected to win swift approval by a comfortable margin as early as next week." (Reuters via Yahoo! News)

Judge Says Same-Sex Health-Coverage Ban Biased
"A federal judge signaled Thursday that she's likely to strike down a federal law that denies long-term health coverage to the same-sex domestic partners of state employees in California, saying it appears to be based on prejudice against gays and lesbians." (The San Francisco Chronicle)

Ernst & Young Steps Up for Same-Sex Partners
"While the company began offering same-sex domestic partner benefits in 2002, like most other employers, it taxed the amount spent as income, while other family policies come out of pre-tax income. But as of January 1 this year, the company will reimburse employees for those taxes for the 2011 tax year, and for tax years going forward." (Thomson Reuters)

Yale to Provide Tax Relief for Same-Sex Couples
"Under the new policy, employees will be reimbursed $125 each month if their partners are not offered coverage by their own employers and receive health benefits through the University instead . . . ." (Yale Daily News)

[Opinion] City of Springfield, Illinois, Must Offer Benefits to Partners
"[Two professors] write to offer our interpretation of the legal status of civil union partners of city employees. . . . According to a State Journal-Register article from Dec. 20, the Joint Labor/Management Health Care Committee voted unanimously to not offer insurance benefits to civil union partners of city employees. According to the article, some city officials maintain that state law does not apply to the city's insurance scheme, given that the program is self-insured." (The State Journal-Register)

Michigan Governor Denies Domestic Partnership Benefits in Signing Bill
"Although the bill is said to save money, researchers have found that usage of the insurance of domestic partners was a mere one percent of the national health care budget. Unlike married couples, domestic couples also pay taxes on their insurance and by denying them, the state is actually losing money." (The Eastern Echo)

ACLU Challenges Michigan Domestic Partner Law
"The American Civil Liberties Union and the ACLU of Michigan filed a lawsuit asking a federal court to strike down a new state law that bans many public entities from providing healthcare insurance to the domestic partners of their employees." (PLANSPONSOR.COM)

Changes in Illinois Civil Union Partner Tax Status
"Four other states allow or will allow civil unions: Delaware, Hawaii, New Jersey and Rhode Island, but only Hawaii will recognize civil unions for opposite-sex couples (the Hawaii civil union law is effective January 1, 2012). The implication of the IRS letter for Hawaii and other states with opposite-sex domestic partnerships (such as Nevada, California and Washington) is unknown." (Faegre & Benson LLP)

Philadelphia Tells Its Large Contractors to Extend Benefits to Life Partners
"Companies that score a big contract with the City of Philadelphia will soon be forced to amend their employee benefit plans to comply with the City's requirement that the benefits offered to the spouses of employees also must be offered to same-sex life partners of employees." (Ballard Spahr LLP)

Yale to Reimburse Gay Employees' Insurance Taxes
"Reimbursements that begin on Jan. 1 will amount to $125 per month for eligible faculty and managerial and professional staff -- an approximate average of the tax incurred across employees, according to a Tuesday article in the New York Times' Bucks section. Under the new policy, only employees whose partners are not allowed health insurance from a different source will be reimbursed." (Yale Daily News)

Michigan Governor Signs Bill to Prevent Benefits for Public Employee Domestic Partners
"The American Civil Liberties Union of Michigan fired back . . . vowing to to challenge the 'constitutionality of the law on behalf of families who will lose their health protections.'" (ClickOnDetroit.com)

Workplace Friendlier to Gays, According to Study
"The corporate world -- especially at law firms and big banks -- is a much better place for lesbian, gay, bisexual and transgender employees than it was a decade ago, according to a report from LGBT advocacy group Human Rights Campaign." (The Modesto Bee)

[Guidance Overview] New York's Same Sex Marriage Law Has Broad Implications for Employee Benefit Plans
"Despite the broad application of DOMA, and perhaps to some extent because of it, states have begun to consider and in some cases enact laws that extend marriage rights to same sex couples. By extension, these laws effectively require employers within those states to provide certain benefits to same sex couples to the extent that these laws are not found to be preempted under ERISA or otherwise in conflict with federal law." (Porter Wright Morris & Arthur LLP)

Legislation Barring Domestic Partner Benefits for Public Employees in Michigan Sent to Governor
"The measure was approved by the state House . . . mostly along party lines, with Republicans in support and Democrats opposed. It is aimed at ending programs that extend health care and other benefits to the unmarried partners of employees, usually in an effort to offer those benefits to same-sex couples." (Detroit Free Press)

Michigan Bill Barring Domestic Partner Benefits for Public Employees Goes to Governor
"The Detroit Free Press reports the bill is aimed at ending programs enacted by state universities, school districts and other government agencies to extend healthcare and other benefits to the unmarried partners of employees, usually to make those benefits available to same-sex couples . . . ." (PLANSPONSOR.COM)

[Guidance Overview] The Constitutionality of the Defense of Marriage Act is Questioned in an ERISA Case
"This is not the only case where the constitutionality of DOMA is under consideration. Given the developing patchwork quilt of state and local domestic partner laws, this uncertainty about the constitutionality of DOMA leaves employers struggling not only to comply with the law, but to figure out what the law is in the first place." (Porter Wright Morris & Arthur LLP)

Woman May Lose Same-Sex Spouse's Death Benefits to In-Laws
"[P]rivate employer benefits plans aren't necessarily restricted by federal and state laws. According to legal experts, a private employer can define the term spouse in its benefits plan to include same-sex couples. However, Cozen O'Connor's plan had no such language. The parents claim that because the law firm did not specify, spouse only applies to opposite-sex couples." (TheHuffingtonPost.com, Inc)

California Clarifies Domestic Partner Coverage Requirements for Insured Plans
"A new California law requires all insured policies and contracts that cover California residents and that are issued or renewed on or after Jan. 1, 2012, even if written outside the state, to offer the same domestic partner coverage offered for spouses. The law also clarifies that insurers can't discriminate based on sexual orientation when providing either spousal or domestic partner coverage." (Mercer LLC)

Recent Developments Involving Same‐Sex Marriage, Civil Unions and Gender Identity Disorder (PDF)
"Although U.S. Attorney General Eric Holder has announced that the Department of Justice will no longer defend the constitutionality of DOMA, the law generally continues to be enforced by the Executive Branch, unless Congress repeals it or the law is declared unconstitutional by the Supreme Court." (Groom Law Group)

Judge Puts Off Ruling on Same Sex Pension Case
"Suit was filed by the American Civil Liberties Union in 2009, and they thought the case might be decided, one [way or another this week]. Instead, the judge postponed the hearing, saying he wanted to hear [the partner's] arguments in favor of the suit as well as the state's arguments against it." (www.FOX2now.com)

U.S. Equal Rights for Same-Sex Marriage Clears Hurdle
"By a 10-8 vote along party lines, [on November 10, 2011,] the Senate judiciary committee approved a bill entitling gay and lesbian spouses to the same Social Security, family welfare and income tax benefits as wedded straight couples." (Yahoo! Inc.)

House Panel Tries To Intervene in Same-Sex Marriage Case
"The Bipartisan Legal Advisory Group of the U.S. House of Representatives asked a federal judge in the Eastern District of Pennsylvania to grant it intervenor status, solely to defend section 3 of DOMA against challenges that it violates the equal protection clause, or substantive due process components, of the due process clause of the Fifth Amendment of the U.S. Constitution." (PG Publishing Co., Inc. )

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