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Same-Sex Spouse Entitled to Spousal Death Benefits
Seyfarth Shaw LLP Link to more items from this source
July 30, 2013

"It should be noted that the Tobits court's analysis of the term 'spouse' under ERISA, may face challenge by other courts. Windsor did not change how the term spouse is defined for purposes of federal law except to clarify that the definition could not be restricted to opposite sex couples. Windsor did not modify the spousal definitions contained in the regulations that underlie ERISA.... As ERISA is silent on extending spousal benefits to non-spouses, and as the IRS' general rule is to determine spouse based on state of residence not the location of the wedding, a clear reading of ERISA leaves no question that a different court may not find a plaintiff similar to the Tobits plaintiff to be a surviving spouse for purposes of ERISA." [Cozen O'Connor v. Tobits et al., No. 11-0045 (E.D. Pa. July 25, 2013)]

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