Health and Welfare Plans For insured plans, Solomon points out that same-sex spouses presumably must have extended spousal benefit coverage under insured medical, dental, or vision plans in states that allow same-sex marriage. But now, some corner of my universe had relief from the stress of fighting these injustices and remaining perpetually hidden in the shadows of society — and there is no understating the significance of having these burdens, great and small, finally lifted from your shoulders after living under such a weight for such a long time. Like racial tolerance and equal rights, instituting such policies in the workplace has become a necessity to avoid potential lawsuits and unneeded controversy. In non-DOMA states that recognize same-sex marriages or that have special laws favoring same-sex couples, employees do not pay state income tax on the fair market value of coverage for a same-sex spouse or partner. For self-insured plans, same-sex spouses technically are not required to have extended spousal benefit coverage because federal law does not require spousal welfare benefit coverage and state insurance law mandates do not apply. When Governor Andrew Cuomo signed the bill into law the same day, it was cause for celebration. Plan amendments are also an area in the retirement benefits arena where issues arise, says Solomon.
But now, some corner of my universe had relief from the stress of fighting these injustices and remaining perpetually hidden in the shadows of society — and there is no understating the significance of having these burdens, great and small, finally lifted from your shoulders after living under such a weight for such a long time. Sure, you maybe marched in a parade or changed your profile picture on Facebook like some 24 million other people — which is awesome. The importance is to avoid any unnecessary legal problems by ensuring compliance. For example, individuals in same-sex marriages now will expect to receive the same rights as their heterosexual counterparts. Think about your awful mother-in-law, you know, the one who mean mugs you every time you see her, being able to prohibit you from attending the funeral of the loved one you just lost hours before. When Governor Andrew Cuomo signed the bill into law the same day, it was cause for celebration. However, an amendment may be desirable depending on how retroactive claims will be handled, says Solomon. In the recent case of Schuett v. With regard to retroactive survivor benefits, benefits administrators should be aware that defined benefit plans generally must offer participants payment in the form of a qualified joint and survivor annuity QJSA with preretirement spousal death benefit QPSA coverage. That evil bitch could get away with that, you know, even if you were legally married in another state. Health and Welfare Plans For insured plans, Solomon points out that same-sex spouses presumably must have extended spousal benefit coverage under insured medical, dental, or vision plans in states that allow same-sex marriage. Although all Windsor amendments generally must have been adopted by December 31, , Solomon suggests that employers consider filing a voluntary correction program VCP application if any plan errors are found. With that unique filter, I work to craft messages that strategically improve the perceptions and experiences of our clients, the people they employ and the candidates they wish to attract. Which, coming a mere matter of days before the NYC Pride Parade, was quite impeccable in terms of timing. So, you just kind of had to guess — and hope it all works out. Retirement Benefits In the retirement benefits arena, there are several areas implicated by the change in same-sex marriage laws, notes Solomon. This is a huge deal — and one that if you overlook, will put your company at serious risk of litigation and create the kind of significant compliance violation HR is pretty much paid to preempt. What if homophobia is an underlying part of their company culture? Plan amendments are also an area in the retirement benefits arena where issues arise, says Solomon. However, Solomon warns that employers that continue to provide coverage only to opposite-sex spouses face significant risk of legal challenges under federal discrimination law. And, believe it or not, one of the biggest of these changes will actually start, inevitably, with your HR department. It generally applies to employers with 15 or more employees, including federal, state, and local governments. For better or for worse, in sickness and in health, and all that jazz. The Department of Labor has revised its regulations to define spouse under the FMLA to include married, same-sex partners. With that in mind, here are 5 things every HR practitioner should consider when considering the implications of implementing marriage equality into their employee policies. Fedex Corporation, the court allowed a same-sex marriage claim for survivor benefits to proceed even though marriage and death occurred pre-Windsor.
Video about the importance of same sex marriage to human resources:
Same-sex marriage - the facts
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