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June 20, 2016

Same-Sex Marriage — Spouses with Employment Benefits

In June 2015 the United States Supreme Court issued a decision holding that same-sex marriage is guaranteed by the 14th Amendment to the U.S. Constitution.  Since spousal status affects some employer provided benefits, employers and employees should be aware of the implications of this decision.  The decision impacts employer provided health care, Health Savings Accounts, cafeteria plan spending accounts, death benefits paid under a 401(k) plan, rights under the Family Medical Leave Act, ERISA retirement plans and other benefits.   Generally speaking, same-sex couples who are married have access to employer provided benefits on the same terms as opposite-sex married couples....
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