Most employers are still sorting out how to react to the Supreme Court's decision to repeal portions of the Defense of Marriage Act, according to a survey of 285 plan sponsors by Towers Watson.
Thirty-nine percent of those surveyed said that they plan to make changes to their employee benefit programs because of the DOMA decision earlier this year, while 25 percent said they plan to increase the number of benefit-related communications. But as open-enrollment season nears for next year's benefits, many companies still haven't figured out which plan changes to make.
Read also: 10 post-DOMA tips for benefits managers Same-sex spouses covered by ERISA, regardless of residence
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Three-quarters of respondents currently provide benefits to civil unions and domestic partners. Of those, 23 percent said they are not sure whether they will discontinue such benefits in states that recognize same-sex marriages. Nineteen percent of all respondents said they expect to provide benefits to same-sex spouses only and not domestic partners or civil unions.
Towers Watson found that most employers are unsure if or how they will help same-sex couples. Of those surveyed, 29 percent will allow same-sex couples to change benefit status from civil unions or domestic partners to married part-way through the year, and will consider them married for the rest of 2013; 51 percent haven't decided.
Only 3 percent said they would require a different proof of marriage for same-sex couples; 24 percent have not decided. Twenty-four percent will not provide any assistance in cases where an employee might be able to apply for a tax refund for prior years' federal income taxes, but 71 percent have not decided. The DOMA decision extends permission back to 2010.
Three-quarters of those surveyed did say they would communicate to their employees about the DOMA rulings and 44 percent said they would do that at the next open enrollment meeting.
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