USA: Employers Must Recognize Same-Sex Marriages For Retirement Plans Regardless of Where Couple Lives

Written by scott on September 19th, 2013

USA Department Of LaborThe US Department of Labor just ruled that same-sex couples who are legally married should be able to claim retirement benefits regardless of the state in which they live.

Think Progress reports:

The term “marriage” will be read to include a same-sex marriage that is legally recognized as a marriage under any state law. This is the most natural reading of those terms; it is consistent with Windsor, in which the plaintiff was seeking tax benefits under a statute that used the term “spouse”; and a narrower interpretation would not further the purposes of the relevant statutes and regulations.

Now if only they will extend this reasoning to Social Security benefits…

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