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Extending Benefits Under Federally-Regulated Employee Benefit Plans to Same-Sex Couples
Social Science Research Network June 23, 2009
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.
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