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DOL Says Same-Sex Marriages are Marriages for ERISA Plan Purposes

The U.S. Department of Labor (“DOL”) recently announced that the terms “spouse” and “marriage” would include same-sex couples lawfully married in any state or foreign jurisdiction that recognizes same-sex marriage, regardless of the current state of residence.  This is consistent with the position recently announced by the IRS in Revenue Ruling 2013-17.  According to the DOL’s technical release, future guidance is forthcoming on specific ERISA provisions.

Technical Release 2013-4 can be found here.

The lawyers of our Employee Benefits and Executive Compensation Practice Group are readily able to assist companies on a nationwide basis with implementing sophisticated benefit plans and providing answers to their most challenging compensation issues. Additionally, our lawyers are well aware of the daily employee benefits challenges facing companies of all sizes and are capable of helping in-house lawyers and human resources personnel with the day-to-day advice and guidance necessary to properly administer employee benefits plans.

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