Labor Dept. Issues New Rules for Same-Sex Marriages, Benefits
Source: The Advocate
The U.S. Department of Labor announced new guidelines for businesses and gay employees, following the Supreme Court’s decision in United States v. Windsor in which it ruled section 3 of the Defense of Marriage Act (DOMA) unconstitutional.
The terms “spouse” and “marriage” in Title I of the Employee Retirement Income Security Act of 1974 (ERISA), and in related department regulations should read to include “same-sex couples legally married in any state or foreign jurisdiction that recognizes such marriages, regardless of where they currently live.” The terms "spouse" and "marriage," however, do not include individuals in a formal relationship recognized by a state that is not denominated a marriage under state law, such as a domestic partnership or a civil union.
The major focal points in the changes concern employee benefit plans and beneficiaries, in accordance to the Employee Retirement Income Security Act of 1974 (ERISA).
On June 26, the U.S. v Windsor decision struck down the provisions of DOMA that denied federal benefits to legally married, same-sex couples.
Read more: http://www.advocate.com/politics/2013/09/18/labor-dept-issues-new-rules-same-sex-marriages-benefits
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