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by Tammy Binford With the U.S. Supreme Court deciding not to take up a case to settle the same-sex marriage issue on the national level, employers need to understand how the Court’s decision affects their policies. As it opened its new term on October 6, the Supreme Court declined to review one of seven cases […]
The U.S. Department of Labor has announced a proposed rule that would change the Family and Medical Leave Act’s regulatory definition of “spouse” so that an eligible employee in a legal same-gender marriage will be able to take FMLA leave for his or her spouse or family member regardless of the state in which the employee resides. […]
Utah’s constitutional amendment banning same-sex marriage suffered another blow in a June 25 ruling from the U.S. 10th Circuit Court of Appeals, and that ruling makes it likely that the issue of same-sex marriage will go before the U.S. Supreme Court. The 10th Circuit’s decision upheld a December 2013 federal district court ruling that struck […]
Now that the federal Defense of Marriage Act has been invalidated, some same-gender surviving spouses are asking retirement plan sponsors to take a second look at their previously denied eligibility for a death benefit. A favorable court ruling in a newly filed case could further complicate beneficiary matters for plan sponsors. The case was recently […]
by Tammy Binford On June 20, the U.S. Department of Labor (DOL) announced a proposed rule that would allow employees to take Family and Medical Leave Act (FMLA) leave to care for a same-sex spouse even if the couple lives in a state that doesn’t recognize same-sex marriages. The proposed rule is another result of […]
On May 20, Pennsylvania became the latest state to have its same-sex marriage ban barred when a federal district judge struck down the state’s 1994 law. The decision, which followed a similar ruling in Oregon a day earlier, makes Pennsylvania the 19th state to allow same-sex marriage. After the ruling, Governor Tom Corbett said he […]
The end of Oregon’s ban on same-sex marriage means employers need to take a look at their benefits policies and what laws require in terms of married couples. U.S. District Judge Michael McShane ruled on May 19 that the ban on same-sex marriage, which was added to the state constitution after voters passed Measure 36 […]
Illinois’ same-sex marriage law, which was passed last fall, is set to take effect June 1. The new law will affect Illinois employers in various ways. Employers will need to treat same-sex spouses the same way they treat opposite-sex spouses. This will have ramifications for employer-sponsored health plans with spousal coverage and retirement plans. Also, […]
IRS on April 4 said rules that do not distinguish between same- and opposite-gender married couples in tax and federal retirement plan provisions will be in effect retroactive to June 26, 2013. This date is when the U.S. Supreme Court held in U.S. v. Windsor, S. Ct. 2675 (2013) that the lack of recognition of […]
by Charles S. Plumb The last several months have witnessed a flurry of court activity regarding same-sex marriage laws. On Tuesday, January 14, Oklahoma joined that activity with an order and opinion issued by Tulsa’s federal court. In 2004, Oklahoma voters approved an amendment to the Oklahoma Constitution defining “marriage” to be exclusively a union […]