As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for employees’ same-sex spouses continue to be clarified. As a result, employers should monitor additional guidance as it is issued and continue to reevaluate the same-sex spousal benefits offered under their employee benefit plans.
Developments Impacting Benefits for Same-Sex Spouses
By Brian Tiemann and Todd Solomon on September 2, 2014
Posted In Employment, Health and Welfare Plans
Tags: Defense of Marriage Act, DOMA, Employee Retirement Income Security Act of 1974, ERISA, Family and Medical Leave Act of 1993, FMLA, Passaro v. Bayer Corporation Pension Plan, Roe v. Empire Blue Cross Blue Shield, same-sex spousal benefits, U.S. v. Windsor, Washington Consumer Protection Act, Washington Insurance Code, Washington Law Against Discrimination
Brian TiemannBrian J. Tiemann counsels public and private companies on a broad range of employee benefit matters, including matters related to pension plans, 401(k) plans and executive and incentive compensation. He advises plan fiduciaries with respect to their fiduciary duties, investment policies and alternative investments. He also advises multinational clients on global employee benefits matters, particularly with respect to global incentive compensation plans. Brian has extensive experience negotiating investment management agreements and service provider agreements. Read Brian Tiemann's full bio.
Todd SolomonTodd A. Solomon focuses his practice on designing, amending and administering pension, profit sharing, 401(k), employee stock ownership and 403(b) plans, as well as nonqualified deferred compensation arrangements. He also counsels privately and publicly held corporations and tax-exempt entities regarding fiduciary issues under the Employee Retirement Income Security Act (ERISA), employee benefits issues involved in corporate transactions, executive compensation matters and the implementation of benefit programs for domestic partners of employees.Read Todd A. Solomon's full bio.
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