Same Sex Marriage Benefits in MA

DeidreFR5

I'm preparing for Monday when same sex marriage become legal in Mass. and want to make sure I'm covering the right bases. Our medical and dental insurance are in place. Life insurance said they are re-reading contracts but are ready. Our 401(k)/pension provider is "working on it" but as a Mass company, has to be up and running shortly. Starting Monday, anyone enrolling in family insurance coverage will be required to show proof of marriage (we use to take people's word for it but I'm becoming concerned about non-married heterosexual couples trying to get coverage). Interpreting the other benefits (FMLA, MMA, etc.) are easy enough - a spouse is a spouse. What am I missing? Sorry for the length and thanks for the input.

Don D

I don't know of anything you ARE missing. But I plead with you to NOT miss the opportunity to vote against Ted Kennedy when it rolls around. Couldn't pass up this opportunity......x:-)

DeidreFR5

I want to start giving out pins - Send Kerry to Washington (and take Kennedy too). I will never understand where the fondness for the Kennedys comes from.

rad

I'm Boston born and bred and neither do I.

Susan Fentin MA

Careful, Diedre. The FMLA is a federal law and same sex marriage is a state law. The Defense of Marriage Act will allow you to ignore same sex marriages if your company chooses to do so, although many companies are choosing to extend those rights to all married employees in Massachusetts regardless of their sexual orientation. Also, the MMLA does not refer to spouse. Instead, the language of the statute says that 8 weeks of leave is granted to all female employees for the purpose of giving birth adopting etc. Even though the statute ostensibly applies to only female employees, and the MCAD says that the statute does not violate c. 151B, the EEOC has said that if a company declines to give the same leave to the father of the child, that refusal would violate Title VII. You also have to be careful about tax implications of granting benefits to same sex spouses. You should probably check with your labor and employment counsel to be sure that you have all the bases covered. Good luck. This is uncharted waters for many of us. If we can be of any further assistance, please feel free to contact me.

Susan Fentin
Associate Editor
Massachusetts Employment Law Letter
Skoler, Abbott & Presser, PC
(413) 737-4753 [email]sfentin@skoler-abbott.com[/email]

DeidreFR5

At a seminar yesterday, the attorney told us that since FMLA used individual state definitions of spouse, FMLA would apply. Where can I research more of the tax implications? The attorney basically said we will need to separate the single cost from the family cost of benefits and tax the difference. Thanks for your help.

Bill ONeill

Also being in Massachusetts, we will be under the gun starting on Monday, May 17. I am somewhat annoyed by the lack of guidance that we have received. The focus has been on the Marriage issue, and the law is the law. If they can be legally married, then they are.
Not much guidance on the employment benefit side. What appears to be happening, and for which I agree with is: Domestic Partner Benefits will be out. Benefits as the result of marriage are in. Therefore if two males are legally married beginning May 17, then they should be entitled to Family medical & dental coverage.
Note this is my opinion only. Concerning Taxes, Federal Law does not recognize same sex marriage, therefore a same sex couple can not file as "married filing joint". On your posting you mentioned taxing the difference between single & family cost. Never heard this before, but from a federal tax sense it "might" make sense.
As a final opinion - One way or the other this issue has to be addressed on the Federal Level.
Cheers,

Dorie

Because at least for now, same sex domestic and/or marriage is not recognized on the federal level, the value of difference between individual and family coverage is considered "imputed income" and can therefore be considered taxable. similar to life insurance in excess of $50K provided at no cost by company. We have offered same sex domestic partner coverage for years and have no problem complying with same sex marriage law.
You have much more flexiblity in deciding what you will do if you are self insured versus fully insured. If you are fully insured, the language of your contract and SPDs will govern. Ours say legally maried spouse.

I am continually amazed at how differently people think about issues. I think its interesting that this week marks the 50th anniversary of the Brown decision integrating public educational institutions. Fifty years later and how far have come towards accepting differences?

Kathie0554

I'm in MA too and we have absolutely NO plans to open benefits to ss 'married' couples. Our 125 plan is under ERISA which is federal. A union in this state (I forget which one) has done the same thing-excluded ss 'married' couples from benefits. And, there is the matter of waiting for the federal judge to rule on whether this is legal and can be stopped before next week. His decision is due out today or tomorrow.

Balloonman

bump
My $0.02 worth!
DJ The Balloonman

Pork

[font size="1" color="#FF0000"]LAST EDITED ON 05-18-04 AT 08:06AM (CST)[/font][br][br]If you have not, it is time to definately EAT MORE PORK, BOAR PORK AND SOW PORK IS THE SAME! The good Lord meant it to be that way, and we each get smarter, the more we eat PORK of either SEX.

If it was not meant to be that way, then we would probably be able to get the Boar to have SEX with another BOAR and produce more Baby Boars.

It is great and only in America could we be so crazy to let MA take the lead in these exciting times. Thank goodness MS keeps it simple and excepts most Fed Law as Good enough for us.

Can't you just see Saint Peter at the Pearly Gates looking down upon us and to Christ, claiming victory for the written word and education of we humans in how "God meant for us to behave and make the right choices for life". If you think we are confused the supreme council has Brother John (Jack) K and Brother Robert K sitting on the Board of Directors and wondering how in the world will Joe K ever get Grandson Ted through the gates as he is being marched by his neighbor and friend John Kerry to the entrance and whispering in his ear, "tell'em I am with you, Ted".

Maybe we should all dream to be a mushroom sitting in the dark and being feed, manure instead of PORK!!!

I'm out of here and will not view another posting from MA on this subject until we get it right!

PORK

Don D

Pork: What do you intend to do when two of your illegal pig-pullers journey to Massachusetts to tie the marital knot and return in a convertible pulling a bunch of beer cans along the road and ask you about their right to add a dependant under the 'triggering event' clause. Will you have a celebratory Bar-B-Q or take the day of to go fishing?

Pork

Trust me, I wrote I was out of here and would not return to this thread until we get it right; however, as stated in my previous postings on the forum procedures, I can not resist a return to my friend's messages of wisdom. I am glad that I did; I had to edit my previous post for a "typo" that did make my thoughts come out very wrong and nasty. I am surprised that James did not slamdunk it to the trash can.

"Dandy Don", When the convertible drives up our employee can go back to work and nothing will change. There will be no application for acceptance of an application for marriage benefits without an acceptable marriage license from a Federal perspective. Now, if Mississippi goes and does follow the lead of MASS, then we may have to change our benefit package.

The owners would through me out to the HOGS for feed if I would ever think of acknowledging a same sex marriage as "right/correct". When they do that, it will be my sign from my Lord that it is time to move on to a better company that needs my Godly assignments. I have not prayed for a long time for the good Lord to open new employment doors because I was un happy with where The Lord has me presently assigned.

Now I'n out of here for sure!

PORK

Don D

Get back in here Pork! You mentioned a marriage license from a federal perspective. Have you ever known of a federal document that served as a marriage license? The question before your state, and others is, what do you do when two of your employees go and get legally married in MA and return to your state? What about your 401K? What if one dies? What if they divorce and where would they have to get divorced? Who would your company determine the spouse to be? These are questions that are presently unanswered, of course, but rest assured they will be situations to test all of these questions in the very near future. Be prepared for that. And be prepred for the Supreme Court to tell you what the rules will be and what you must recognize.

(Eat Mo' Catfish)

Pork

EXCEPT FOR YOU "Dandy Don" I will return for just one more shot at wisdom from the PORK. We have reviewed all of our benefits and programs. They are designed as a private company to be eliminated Should the Supreme Court of anyone one else attempt to force a benefactor onto a private company the program will be disolved and eliminated for everyone. Some, we would pass on a payment direct to the employee. IE, medical insurance premium for the ee is $12.00 per week and the company pays a $825.00 premium for the same employee per month. To elect and apply for family coverage the words do not allow for same sex recognition of a marriage and the company want go there. The benefit will be destroyed for everyone. In order for us to do that we would have to give the ee notice of why and it will be spelled out very clearily the who and why medical coverage was lost, should it ever occur. It want in my life time in our state; I'll die first.

Don, I know you are a deep thinker and you are well below where my old brain will go. As I have stated before my faith holds that the Lord is watching our corporate behaviors and he is getting greatly concerned that the new covenant is not working any longer and our choices are greatly growing to the negative with non-believers growing so very strong around the world, we will soon be in for a rude awakening. I was hoping the Mel Gibson movie (The Passion of Christ" would jar us onto the right path, but it appears more hate and angry by the non-believers has a stronger pull around the world. Obviously, our few soldiers looking over the detainees in IRAQ did not see the movie or feel the impact!

This subject is just one more reminder of the future and how strong the non-believer has become.

PORK