News & Analysis as of

Spouses Employee Benefits

Ius Laboris

Pensions on Divorce: Practical Hurdles and the Gender Pension Gap

Ius Laboris on

The UK pension sharing system often results in poor outcomes for divorced women due to its complexity and low uptake. Practical issues like timing delays, unresponsive ex-spouses, and fluctuating pension credit values further...more

Carlton Fields

Eleventh Circuit Holds Arbitration Agreement Unenforceable Against Spouse of Former Employee

Carlton Fields on

In Lubin v. Starbucks Corp., the Eleventh Circuit Court of Appeals considered defendant Starbucks’ appeal of an order denying its motion to compel arbitration of the plaintiffs’ lawsuit alleging that Starbucks sent deficient...more

Proskauer - Employee Benefits & Executive...

No Presence? No Problem: Temporary Relief for Witnessing Spousal Consent Further Extended Through Year-End

Perhaps channeling the old adage of “if it ain’t broke, don’t fix it,” the IRS recently released Notice 2022-27 extending through December 31, 2022 its temporary relief from the requirement that spousal consent for plan...more

Kilpatrick

IRS Extends Relief for Remote Notarization of Spousal Consents

Kilpatrick on

In June, the IRS provided temporary relief that allows for spousal consents for retirement plan loans or distributions to be witnessed remotely through audio visual equipment by a notary public in accordance with a state...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor - October 2020: ERISA Plaintiff Has Statutory Standing to Bring Action to Recover Spousal Healthcare...

Hinshaw & Culbertson LLP on

Plaintiff Doug Heckman participated in Nike's employee welfare benefit plan (the "Plan"), which was funded by UnitedHealthcare Insurance Co. ("UHC"), and included healthcare benefits. Mr. Heckman's wife was covered under the...more

Morgan Lewis - ML Benefits

Considerations for Obtaining Spousal Consent at a (Remote) Social Distance

Internal Revenue Service (IRS) regulations require that spousal consent to the waiver of a qualified joint and survivor annuity (QJSA) that is necessary to elect an optional retirement payment form must be signed in the...more

McAfee & Taft

Is my employee common law married?

McAfee & Taft on

Oklahoma remains one of about only a dozen states that recognize common law marriages. Despite the Legislature’s sporadic attempts to effectively abolish such marriages, the Oklahoma Supreme Court has recently determined in...more

Fisher Phillips

South Carolina Abolishes Common-Law Marriage: The Impact On Workplace Law

Fisher Phillips on

The South Carolina Supreme Court just ruled that the state will no longer recognize common-law marriages. This decision will have a direct impact on South Carolina workplace law, requiring many employers to adjust their...more

Jackson Lewis P.C.

Employers Beware: SC Abolishes Common-Law Marriage

Jackson Lewis P.C. on

On July 24, 2019, South Carolina joined the ranks of Alabama, Pennsylvania, and others in abolishing future recognition of common law marriages in the state. The state will continue to recognize all common law marriages in...more

Fisher Phillips

Hong Kong Court of Final Appeal Expands Spousal Benefits Rights for Same-Sex Couples

Fisher Phillips on

Following the conclusion of Pride Month, it seems only fitting to address a relevant outcome in the cross-border context, which also has an impact on global employers and their employee benefits offerings. In, Leung Chun...more

Hogan Lovells

Civil servant wins final appeal over benefits to husband in victory for Hong Kong's LGBT+ community

Hogan Lovells on

Hong Kong's Court of Final Appeal (CFA) has ruled in favor of a senior immigration officer in his battle to have his marriage to British citizen officially recognized. ...more

Kilpatrick

Court Requires Employer to Pay Dependent Life Insurance Benefits

Kilpatrick on

A recent United States District Court opinion highlights the importance of providing summary plan descriptions and certificates of coverage for insured benefits. Discussion - In this case, the employee enrolled her lawful...more

Fisher Phillips

Retired Teacher’s Same-Sex Spouse Entitled to Retirement Benefits

Fisher Phillips on

Last Month, in Gateway Sch. Dist. V. Gateway Educ. Ass’n, 783 C.D. 2017 (Pa. Commw. Ct. Feb. 28, 2018), a Pennsylvania court affirmed an arbitration decision holding that a retired teacher could add his same-sex spouse to his...more

Seyfarth Shaw LLP

SCOTUS Declines To Address Texas Supreme Court Ruling Limiting Reach of Obergefell

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court announced that it would not hear an appeal from the City of Houston in a case challenging the city’s ability to offer spousal benefits to same-sex spouses of municipal employees. By...more

Hogan Lovells

Same-sex survivors' pensions - exemption for pre-2005 service invalid

Hogan Lovells on

The Supreme Court in Walker v Innospec Limited, overturning the Court of Appeal, has decided that the exemption for service prior to December 2005 from the requirement for occupational pension schemes to give survivors'...more

Polsinelli

Time for a Wellness Check on your Wellness Program? New EEOC Regulations Could Diagnose Need for Change

Polsinelli on

In light of new rules from the Equal Employment Opportunity Commission (EEOC), employers should examine their wellness programs now (and during open enrollment for next year) to determine the potential impact of the final...more

Stinson - Benefits Notes Blog

Beware the Retroactive QDRO

Employers know that they must honor qualified domestic relations orders (QDROs) that assign a portion of a retirement benefit to a participant’s former spouse, known as an alternate payee, when the participant and alternate...more

King & Spalding

How Does the Supreme Court’s Obergefell Decision Affect Your Employee Benefit Plans?

King & Spalding on

The short answer: No plan amendments are required, but certain plan amendments and operational changes are permitted, and certain operational changes may be required....more

McDermott Will & Emery

IRS Guidance on Employee Benefits Implications of Supreme Court Obergefell Decision on Same-Sex Marriage

McDermott Will & Emery on

The Internal Revenue Service (IRS) recently issued Notice 2015-86, which provides some additional clarification, in the form of questions and answers, on the treatment of same-sex spouses under tax-qualified retirement plans...more

Franczek P.C.

EEOC Issues Proposed Rule on Wellness Programs and GINA

Franczek P.C. on

The Equal Employment Opportunity Commission (EEOC) has issued a proposed rule amending prior regulations under the Genetic Information Nondiscrimination Act of 2008 (GINA) to address incentives in workplace wellness programs....more

Franczek P.C.

Treasury and the IRS Issue Proposed Regulations Implementing Supreme Court Same-Sex Marriage Ruling

Franczek P.C. on

In recent guidance, the Department of Treasury and the IRS issued proposed rules that clarify under the Internal Revenue Code (Code) that the terms “spouse” and “husband” and “wife” refer to individuals who are lawfully...more

Franczek P.C.

The FMLA Marriage Penalty: When Spouses Work for the Same Employer

Franczek P.C. on

One FMLA rule that tends to fly under the radar is the amount of FMLA leave available to married couples who work for the same employer. Under 29 CFR 201(b), married couples in this situation can be required to share a...more

Kelley Drye & Warren LLP

New Developments in Protections for LGBT Workers

It’s been a busy few weeks for developments in the area of LGBT rights since the Supreme Court’s decision in King v. Burwell , 576 U.S. ___ (2015)....more

Foley & Lardner LLP

So Same-Sex Marriage Is Legal … Now What? Important Decisions Employers Face Now

Foley & Lardner LLP on

In Obergefell v. Hodges, the U.S. Supreme Court held that the 14th Amendment to the Constitution requires all 50 states to license marriages between same-sex couples and to recognize same-sex marriages performed out-of-state....more

Kelley Drye & Warren LLP

The Supreme Court’s Same-Sex Marriage Ruling & Its Employment Implications

Unless you’ve been living under a rock, you probably are well aware that on June 26, 2015, the U.S. Supreme Court ruled that same sex couples have a constitutional right to marry and have their marriages recognized across the...more

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