"Generally, spousal provisions in an employer's employee benefit plans ... should apply to same-sex spouses in the same manner as they are applied to opposite-sex spouses.... [In] the case of welfare plans and fringe benefits that define covered 'spouses' by reference to the law of a state that does not recognize same-sex spouses or such plans that do not clearly define the term 'spouse' ... plan administrators may still have the authority to interpret the term 'spouse' to exclude same-sex spouses. However, it is unclear whether such interpretation would enjoy Firestone deference, or might now be considered 'arbitrary and capricious' if challenged in litigation following the Windsor decision."  MORE >>