Now that the Supreme Court has found the Defense of Marriage Act (DOMA) unconstitutional, employers must immediately contact their benefits’ brokers (if any) and labor/employment attorneys to craft a plan to ensure compliance going forward. Topics that should be addressed include:
- Health care benefits for spouses of employees (previous disparate tax treatment should be discontinued),
- Retirement plan provisions for spouses of employees,
- COBRA, HIPAA, FMLA impacts, and
- Retroactivity considerations.
While generally treating same-sex and opposite sex marriages equally in the above-referenced contexts should often be simple, concerns over failing to remember to do so or unique situational wrinkles remain.