Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

The U.S. Supreme Court, in Overturning Section 3 of DOMA, Creates Issues for Benefit Plans

Author: Scarinci Hollenbeck, LLC

Date: July 23, 2013

Key Contacts

Back

Historically, the definition and regulation of the marriage relationship was deemed to be the exclusive domain of the states. With passage of the Defense of Marriage Act of 1996 (“DOMA”), Congress changed this assumption in two important respects:

  • DOMA Section 2 permitted states to refuse to recognize same-gender marriages performed under the laws of other states; and
  • DOMA Section 3 barred same-gender married couples from being recognized as “spouses” for all purposes of Federal law.

In United States v. Windsor (Case No. 12–30, decided June 26, 2013), the U.S. Supreme Court ruled that DOMA’s definition of “spouse” (DOMA Section 3) is unconstitutional “as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”

There are many federal statutes that either confer separate or unique benefits, or impose separate or unique obligations, on married individuals. More important examples of such federal statutes include the Internal Revenue Code (the “Code”), the Employee Retirement Income Security Act (ERISA), and the Family and Medical Leave Act (FMLA).  Benefit plan sponsors and administrators should immediately undertake a comprehensive review of administrative practices ‒ and plan documents ‒ to bring benefit plan practices and provisions into conformity with this decision.

Applying the Windsor decision becomes complicated because the Supreme Court did not address DOMA Section 2, which continues to allow states to refuse to recognize same-gender marriages performed under the laws of other states. Thirteen states and the District of Columbia currently recognize same-gender marriages.  A handful of other states recognize some sort of equivalent right — e.g., civil unions. The remaining states, however, also have DOMA-like statutes that define the term “spouse” for purposes of state law as a union of one man and one woman.  Thus, the Supreme Court’s decision does not attempt to address the ramifications of conflicting state laws under which the terms “married” or “spouse” will have different meanings for purposes of each state’s law. This confused state of marital status, from state to state, will particularly complicate multi-state business operations.

So what is an employer to do?

The obvious first — and critically important — step is to review all benefit plan documents to determine how the terms “spouse” and/or “married” are currently defined. Employers, whose plans cite DOMA explicitly, will clearly need to change their plan documents. Employers with self-insured plans or individually designed retirement plans can adopt their own explicit definitions but should consider the application of state law(s), as well as the implications of discrimination issues, in framing these definitions. The eligibility of children of same-gender spouses, who now are the step children of employees for federal tax purposes, must be considered and resolved.

Changes may be required to bring plans into compliance with the new rules and/or to adjust plan design. Employers with insured plans should contact their insurance providers to discuss the interpretation of the definition of spouse under the insurer’s plan document(s).

Review enrollment processes so that same sex spouses are properly identified and accorded the proper participation rights and tax treatment.  Review and change the tax treatment of health benefits for same sex spouses. For example, employees may now cover their same sex spouse’s health care coverage on a pre-tax basis.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: