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Domestic Partnership Converted Retroactively to Marriage After Death Provides Basis for VA Spousal Benefits
Calhoun Law Group, P.C.
Nov. 6, 2015 "In a case that has obvious implications for employee benefit plans, the Veterans' Administration (VA) has just provided survivor benefits to the partner of a service member, even though the partners were not married before the service member's death.... The Obergefell decision allowed Krumbach to retroactively amend Hatcher's death certificate to show they were married. The VA then allowed the benefits to Krumbach as the surviving spouse.... [An] employer needs to give serious consideration to how it will currently treat same-sex marriages entered into before it changed its policies to recognize such marriages. [This article] focuses on steps the employer may consider to mitigate liability in the future[.]" MORE >> |
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