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IRS Releases Guidance for Effective Date of Same-Sex Spousal Retirement Rights
Morgan Lewis Link to more items from this source
[Guidance Overview]
Apr. 9, 2014
"[T]he limits on retroactivity described in IRS Notice 2014-19 only apply for tax qualification purposes. As such, the IRS guidance does not provide relief from any individual claims that a same-sex spouse may seek to bring asserting spousal rights for retirement plan benefits accruing before the Windsor decision. Absent any subsequent administrative relief (which is not expected), it appears that any such claims must be handled through a plan's claim and appeals procedures and, perhaps ultimately, the courts."

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