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Welcome to the Snell & Wilmer Benefits Blog. We will be posting about current employee benefits and executive compensation topics and issues. We invite you to contact the authors with your thoughts or questions.Blog Contributors
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EEOC Ruling on Sexual Orientation Impacts Same-Sex Spouse and Domestic Partner Benefits
In our July 2, 2015 blog, Obergefell v. Hodges – Same-Sex Marriage Now Legal in All 50 States, we indicated that employers may need to offer same-sex spouse health and welfare benefits and rethink domestic partner benefits in order to … Continue reading
Posted in Employee Benefits, Health & Welfare Plans
| Tagged discrimination, EEOC, Foxx, obergefell v. hodges, same-sex marriage, same-sex spouse, sex-based discrimination, sexual orientation, Title VII
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Obergefell v. Hodges – Same-Sex Marriage Now Legal in All 50 States
In 2013, the Supreme Court, in United States v. Windsor, struck down Section 3 of the Defense of Marriage Act (“DOMA”) which defined marriage, for Federal purposes, as between one man and one woman. The Windsor ruling resulted in numerous … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Qualified Retirement Plans
| Tagged DOMA, domestic partner benefits, obergefell v. hodges, same-sex marriage, Supreme Court, United States v. Windsor
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State of Celebration Standard Now in Effect for FMLA
In a previous blog, I wrote about regulations issued by the Department of Labor (“DOL”) proposing to revise the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to be based on the law of the place … Continue reading
Posted in Employee Benefits
| Tagged DOL, FMLA, same-sex marriage, spouse, United States v. Windsor
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FMLA to Apply to All Employees in Same-Sex Marriages
When the U.S. Supreme Court declared DOMA unconstitutional in United States v. Windsor, many federal benefits that were previously denied to individuals in same-sex marriages became available to those individuals. However, job-protected leave under the Family and Medical Leave Act … Continue reading
Posted in Employee Benefits
| Tagged DOL, DOMA, FMLA, proposed regulations, same-sex marriage
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Complying with the Windsor Decision: Mid-Year Amendment for Safe-Harbor 401(k) Plans
Previously, the IRS issued guidance on what employers need to do in order to comply with the United States v. Windsor decision. The guidance insturcts employers on how and when to amend a qualified retirement plan if its current terms regarding marriage and … Continue reading
Posted in Employee Benefits, Qualified Retirement Plans
| Tagged 401k) plans, DOMA, IRS, qualified retirement plans, safe-harbor plans, same-sex marriage, United States v. Windsor
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Amendments Required by End of Year to Reflect Windsor Same-Sex Marriage Case
I gave a presentation last week at the Western Pension & Benefits Conference Phoenix Chapter Spring Conference entitled “Ding Dong DOMA’s Dead – The Supreme Court’s Same-Sex Marriage Ruling and Its Impact on Employee Benefit Plans.” Upon finishing my presentation, … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Qualified Retirement Plans
| Tagged DOMA, health plans, IRS, qualified retirement plans, same-sex marriage, United States v. Windsor
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Employers Need More Same-Sex Marriage Guidance
Last summer, the Supreme Court determined that the Defense of Marriage Act (“DOMA”) was unconstitutional. The Supreme Court’s ruling in United States v. Windsor had the effect of extending many employee benefits to same-sex spouses. Employee benefit plans were significantly … Continue reading
Posted in Employee Benefits, Health & Welfare Plans, Qualified Retirement Plans
| Tagged DOL, DOMA, health plans, IRS, qualified retirement plans, same-sex marriage, state of celebration, United States v. Windsor
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