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Expected U.S. Supreme Court Decision on DOMA May Impact Status of Children of Same-Gender Spouses for Employee Benefits Purposes
Proskauer's ERISA Practice Center Blog
May 29, 2013 "[B]ecause a child of a [same-gender] spouse is already considered to be an employee's stepchild for federal income tax purposes if the couple resides in a state that recognizes the employee as the stepparent, the employee can avoid having imputed income for federal tax purposes on the value of employer-sponsored health coverage provided to the child. If DOMA is struck down (and depending on the impact of the decision on state mini-DOMA laws), additional children of [same-gender] spouses may attain similar favorable tax status. This status may even extend to situations where a couple resides in a state that does not recognize the child as a stepchild or permit [same-gender] marriage depending on the specific definition of 'child' in the benefit plan." MORE >> |
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