Tag: same-sex marriage

Learn How New IRS Guidance on Windsor Affects Cafeteria Plans, FSAs, HSAs

On Dec. 16, the IRS issued clarifications on how the U.S. v. Windsor ruling on same-gender marriage affects the administration of cafeteria plans, flexible spending accounts and health savings accounts. IRS Notice 2014-1 is in the form of 10 questions and answers regarding midyear election changes, FSA reimbursements and contribution limits for HSAs and dependent […]

Employers Face More Challenges in Covering Same-gender Spouses

Many hoped that the U.S. Supreme Court’s ruling in U.S. v. Windsor would clear up the confusion regarding what employers and plan administrators can and should do if they have employees with same-gender spouses. Alas, that was not to be. As 2014 approaches, employers face as many complications as ever. Rather than simplifying matters, the […]

Governor signs Hawaii’s Marriage Equality Act of 2013 into law

by Paul M. Saito Governor Neil Abercrombie has signed into law the Hawaii Marriage Equality Act of 2013, which defines marriage in Hawaii as between “individuals without regard to gender.” Hawaii is the 15th state to give same-sex couples the right to marry. The law goes into effect December 2. A special session of the […]

Illinois same-sex marriage law will spawn employment issues

by Steven L. Brenneman On November 5, both houses of the Illinois General Assembly passed a bill legalizing same-sex marriages. Governor Pat Quinn is expected to sign the bill into law. If he does, it will take effect in June 2014. The new law will affect Illinois employers in several ways. Regarding employee benefits, employers […]

What Supreme Court’s DOMA decision means for employers

by Maria Reed On June 26, the U.S. Supreme Court overturned Section 3 of the federal Defense of Marriage Act (DOMA), which had mandated that “in determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ […]

California Employers Need to Adjust Plans to Accommodate Same-sex Spouses

Employers in California need to adjust their benefit plans, plan documents, and corporate and human resources policies to accommodate employees’ same-sex spouses. The 9th U.S. Circuit Court of Appeals on June 28 lifted its stay on an injunction against enforcing Proposition 8, which had amended the California state constitution to define marriage as occurring between […]

Some interesting lessons from the U.S. Supreme Court

by Mark I. Schickman History will remember June 26’s U.S. Supreme Court decisions as the landmark cases supporting same-sex marriage, a coupling that will become commonplace in a decade or two. But these decisions and the affirmative action, Title VII of the Civil Rights Act of 1964, and voting rights cases that preceded them the […]

U.S. Supreme Court finds DOMA provision unconstitutional, dismisses Proposition 8 case

It came as no great surprise that the U.S. Supreme Court withheld its opinion on two landmark decisions on same-sex marriage rights until the last decision day of the 2012-2013 term. This, however, would be the only lack of surprise of the day, as the Court delivered two opinions that significantly change the landscape for […]

Delaware same-sex marriage changes take effect July 1

The amendment to the Delaware Domestic Relations Act legalizing same-sex marriage goes into effect July 1. Under the law, the same rights, benefits, protections, and legal responsibilities apply to married same-sex couples and married opposite-sex couples. In 2012, Delaware’s Civil Union Equality Act (CUEA) established that civil unions are to be treated as marriages under […]

Minnesota 12th state to recognize same-sex marriage

by Michael G. McNally The Minnesota Marriage Equality Bill, HF 1054, was signed into law by Governor Mark Dayton on May 14, 2013. Effective August 1, 2013, Minnesota will allow individuals of the same sex to marry. Employers need to review their policies relating to employee health and retirement benefits to reflect this change. What […]