Domestic partner, same-sex benefits |
Washington Could Be Seventh State to Allow Same-sex Marriage
"A sufficient number of Senators for passage in that chamber have said they would vote for it if it reaches the Senate floor, and Gov. Chris Gregoire (D) said earlier in January that she would sign such a measure if it reaches her desk." (Thompson Media)
Washington State Senate Passes Gay Marriage Bill
"The 28-21 vote in favor of the measure -- three more votes than needed for passage -- sent it on to [Washington] state's House of Representatives, where the bill is expected to win swift approval by a comfortable margin as early as next week." (Reuters via Yahoo! News)
Judge Says Same-Sex Health-Coverage Ban Biased
"A federal judge signaled Thursday that she's likely to strike down a federal law that denies long-term health coverage to the same-sex domestic partners of state employees in California, saying it appears to be based on prejudice against gays and lesbians." (The San Francisco Chronicle)
Ernst & Young Steps Up for Same-Sex Partners
"While the company began offering same-sex domestic partner benefits in 2002, like most other employers, it taxed the amount spent as income, while other family policies come out of pre-tax income. But as of January 1 this year, the company will reimburse employees for those taxes for the 2011 tax year, and for tax years going forward." (Thomson Reuters)
Yale to Provide Tax Relief for Same-Sex Couples
"Under the new policy, employees will be reimbursed $125 each month if their partners are not offered coverage by their own employers and receive health benefits through the University instead . . . ." (Yale Daily News)
[Opinion] City of Springfield, Illinois, Must Offer Benefits to Partners
"[Two professors] write to offer our interpretation of the legal status of civil union partners of city employees. . . . According to a State Journal-Register article from Dec. 20, the Joint Labor/Management Health Care Committee voted unanimously to not offer insurance benefits to civil union partners of city employees. According to the article, some city officials maintain that state law does not apply to the city's insurance scheme, given that the program is self-insured." (The State Journal-Register)
Michigan Governor Denies Domestic Partnership Benefits in Signing Bill
"Although the bill is said to save money, researchers have found that usage of the insurance of domestic partners was a mere one percent of the national health care budget. Unlike married couples, domestic couples also pay taxes on their insurance and by denying them, the state is actually losing money." (The Eastern Echo)
ACLU Challenges Michigan Domestic Partner Law
"The American Civil Liberties Union and the ACLU of Michigan filed a lawsuit asking a federal court to strike down a new state law that bans many public entities from providing healthcare insurance to the domestic partners of their employees." (PLANSPONSOR.COM)
Changes in Illinois Civil Union Partner Tax Status
"Four other states allow or will allow civil unions: Delaware, Hawaii, New Jersey and Rhode Island, but only Hawaii will recognize civil unions for opposite-sex couples (the Hawaii civil union law is effective January 1, 2012). The implication of the IRS letter for Hawaii and other states with opposite-sex domestic partnerships (such as Nevada, California and Washington) is unknown." (Faegre & Benson LLP)
Philadelphia Tells Its Large Contractors to Extend Benefits to Life Partners
"Companies that score a big contract with the City of Philadelphia will soon be forced to amend their employee benefit plans to comply with the City's requirement that the benefits offered to the spouses of employees also must be offered to same-sex life partners of employees." (Ballard Spahr LLP)
Yale to Reimburse Gay Employees' Insurance Taxes
"Reimbursements that begin on Jan. 1 will amount to $125 per month for eligible faculty and managerial and professional staff -- an approximate average of the tax incurred across employees, according to a Tuesday article in the New York Times' Bucks section. Under the new policy, only employees whose partners are not allowed health insurance from a different source will be reimbursed." (Yale Daily News)
Michigan Governor Signs Bill to Prevent Benefits for Public Employee Domestic Partners
"The American Civil Liberties Union of Michigan fired back . . . vowing to to challenge the 'constitutionality of the law on behalf of families who will lose their health protections.'" (ClickOnDetroit.com)
Workplace Friendlier to Gays, According to Study
"The corporate world -- especially at law firms and big banks -- is a much better place for lesbian, gay, bisexual and transgender employees than it was a decade ago, according to a report from LGBT advocacy group Human Rights Campaign." (The Modesto Bee)
[Guidance Overview] New York's Same Sex Marriage Law Has Broad Implications for Employee Benefit Plans
"Despite the broad application of DOMA, and perhaps to some extent because of it, states have begun to consider and in some cases enact laws that extend marriage rights to same sex couples. By extension, these laws effectively require employers within those states to provide certain benefits to same sex couples to the extent that these laws are not found to be preempted under ERISA or otherwise in conflict with federal law." (Porter Wright Morris & Arthur LLP)
Legislation Barring Domestic Partner Benefits for Public Employees in Michigan Sent to Governor
"The measure was approved by the state House . . . mostly along party lines, with Republicans in support and Democrats opposed. It is aimed at ending programs that extend health care and other benefits to the unmarried partners of employees, usually in an effort to offer those benefits to same-sex couples." (Detroit Free Press)
Michigan Bill Barring Domestic Partner Benefits for Public Employees Goes to Governor
"The Detroit Free Press reports the bill is aimed at ending programs enacted by state universities, school districts and other government agencies to extend healthcare and other benefits to the unmarried partners of employees, usually to make those benefits available to same-sex couples . . . ." (PLANSPONSOR.COM)
[Guidance Overview] The Constitutionality of the Defense of Marriage Act is Questioned in an ERISA Case
"This is not the only case where the constitutionality of DOMA is under consideration. Given the developing patchwork quilt of state and local domestic partner laws, this uncertainty about the constitutionality of DOMA leaves employers struggling not only to comply with the law, but to figure out what the law is in the first place." (Porter Wright Morris & Arthur LLP)
Woman May Lose Same-Sex Spouse's Death Benefits to In-Laws
"[P]rivate employer benefits plans aren't necessarily restricted by federal and state laws. According to legal experts, a private employer can define the term spouse in its benefits plan to include same-sex couples. However, Cozen O'Connor's plan had no such language. The parents claim that because the law firm did not specify, spouse only applies to opposite-sex couples." (TheHuffingtonPost.com, Inc)
California Clarifies Domestic Partner Coverage Requirements for Insured Plans
"A new California law requires all insured policies and contracts that cover California residents and that are issued or renewed on or after Jan. 1, 2012, even if written outside the state, to offer the same domestic partner coverage offered for spouses. The law also clarifies that insurers can't discriminate based on sexual orientation when providing either spousal or domestic partner coverage." (Mercer LLC)
Recent Developments Involving Same‐Sex Marriage, Civil Unions and Gender Identity Disorder (PDF)
"Although U.S. Attorney General Eric Holder has announced that the Department of Justice will no longer defend the constitutionality of DOMA, the law generally continues to be enforced by the Executive Branch, unless Congress repeals it or the law is declared unconstitutional by the Supreme Court." (Groom Law Group)
Judge Puts Off Ruling on Same Sex Pension Case
"Suit was filed by the American Civil Liberties Union in 2009, and they thought the case might be decided, one [way or another this week]. Instead, the judge postponed the hearing, saying he wanted to hear [the partner's] arguments in favor of the suit as well as the state's arguments against it." (www.FOX2now.com)
U.S. Equal Rights for Same-Sex Marriage Clears Hurdle
"By a 10-8 vote along party lines, [on November 10, 2011,] the Senate judiciary committee approved a bill entitling gay and lesbian spouses to the same Social Security, family welfare and income tax benefits as wedded straight couples." (Yahoo! Inc.)
House Panel Tries To Intervene in Same-Sex Marriage Case
"The Bipartisan Legal Advisory Group of the U.S. House of Representatives asked a federal judge in the Eastern District of Pennsylvania to grant it intervenor status, solely to defend section 3 of DOMA against challenges that it violates the equal protection clause, or substantive due process components, of the due process clause of the Fifth Amendment of the U.S. Constitution." (PG Publishing Co., Inc. )
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