Even the experts are still scrambling to advise puzzled employer retirement plan sponsors about the fallout from the demise of the Defense of Marriage Act last week.
The problem arises mainly over the section of DOMA that the U.S. Supreme Court decision didn't address, the one that says states don't have to recognize same-sex marriages in other states.
Along with the District of Columbia, same-sex marriage is or soon will be recognized in 13 states: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington.
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Since the federal government relies on state law to determine who is considered a spouse, how will an employee's state of residence affect that determination?
Federal agencies have yet to weigh in on the issue, but Bryan Cave Benefits has come up with some specific suggestions that may help plan sponsors in those states.
- First, determine which employees live in those states and make sure they're treated as spouses for all ERISA qualified plans and federal benefits, including Social Security, COBRA and others.
- Second, determine whether to wait for same-sex spouses to enquire about benefits, or reach out to them with detailed information about how the company will handle them.
- Third, don't wait for federal rulings and regulations to decide how your company will deal with benefits for same-sex couples going forward. Be proactive and begin the discussion now.
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