On June 26, 2013 the US Supreme Court struck down a federal law defining marriage as between a man and a woman. The federal decision means legally married same-sex couples must now be treated as spouses under the Internal Revenue Code, the Employee Retirement Income Security Act and more than 1,000 other federal laws.
When does this go into effect?
This becomes effective June 26, 2013.
Who Does this Apply To?
A same-sex couple that is legally married now has the same rights to benefits provided to opposite-sex spouses.
For a limited time only, a same-sex legally married spouse may make a change of election to his/her benefits.
Open enrollment dates will vary by vendor.
Tax Implications
As of June 26, 2013 the value of the employer-paid health insurance coverage for same-sex spouses is no longer counted as taxable income for the subscriber.
What do I need to do?
Advise your employees that the DOMA ruling is viewed as a qualifying event for benefits. Same-Sex legally married spouses may make changes to their benefits. They do not need to wait until open enrollment.
The above information is for informational purposes only and is not intended as legal advice.
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Teri Weber

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