The Impact of Same-Sex Marriage on Employee Benefits. Federal law provides over a thousand rights and protections to legally married couples. In 2013, the Supreme Court ruled (U.S v. Windsor) to include same-sex married couples in this federal buffet of benefits. But in the years between Windsor and Obergefell, 14 states remained opposed to marriage equality. As a result, legal same-sex marriages will now be treated in the same manner as opposite-sex marriages regarding federal employee benefits. Including options to: Including options to: Enroll or make changes to your benefits during the annual open season or if you experience a qualifying life event.
Retirement Plan Considerations. As regards employee benefits, the effects have been far-reaching, including: For tax-qualified retirement plans, a same-sex spouse must consent to a participant’s designation of any other beneficiary. Absent an affirmative designation, a participant’s same-sex spouse will be the default beneficiary. Same-sex Author: Stephen Miller, CEBS. There are hundreds of federal benefits, rights, and protections available to married couples and their children, regardless of whether they're same-sex or opposite-sex couples. These benefits include spousal Social Security eligibility, marital tax breaks, veterans benefits, and many others.
treat employees in a same-sex marriage the same as employees in an opposite-sex marriage. This equal treatment also extends to federal benefits and protections, such as the FMLA leave, due to the Supreme Court’s DOMA decision. In addition, employers that are interested in providing domestic partner benefits should. Whereas employers once had great discretion over whether to offer benefits to same-sex married couples, the issue has now progressed to involve a significant amount of employer obligation. In this program, employment attorney Todd Solomon provides a legal background for federal and state law pertaining to same-sex marriage the groundbreaking Supreme Court decisions that changed the .