Same sex benefit question... or maybe not
ACU Frank
2,188 Posts
Here's a twist I didn't see coming...
Employee Sue has been married 20 years to Patrick. About two years ago, Sue and Patrick accept the realization that Patrick was meant to be Patricia. Patrick is nearing the end of his gender reassignment process and will legally change his name to Patricia in a few months.
How will or will not this impact Patrick/Patricia's benefits eligibility as Sue's spouse? He/she is not currently on our medical plan, but has dependent life coverage, FMLA consideration, etc. Maybe it all depends on our state's definition of "spouse", and how that is affected by gender reassignment.
I guess I'm thinking out loud, somewhat... my apologies for that. I've been cautioned to not bring it up with the employee yet, as there are some emotional sensitivities still.
Can anyone here play "minesweeper" for me, and tell me where NOT to step?
Employee Sue has been married 20 years to Patrick. About two years ago, Sue and Patrick accept the realization that Patrick was meant to be Patricia. Patrick is nearing the end of his gender reassignment process and will legally change his name to Patricia in a few months.
How will or will not this impact Patrick/Patricia's benefits eligibility as Sue's spouse? He/she is not currently on our medical plan, but has dependent life coverage, FMLA consideration, etc. Maybe it all depends on our state's definition of "spouse", and how that is affected by gender reassignment.
I guess I'm thinking out loud, somewhat... my apologies for that. I've been cautioned to not bring it up with the employee yet, as there are some emotional sensitivities still.
Can anyone here play "minesweeper" for me, and tell me where NOT to step?
Comments
They are already legally married. I don't think surgery will qualify as terminating the marriage, but I could be wrong.
I wish I had some good advice, but alas, I am too inexperienced in this kind of thing. I hope someone smarter than me chimes in.
Good luck!
Nae
As I mentioned, she is still somewhat uncomfortable discussing the situation. I want to be proactive about it, though - I don't want to have to address the situation when preparing to file for a death benefit, for example.
The issue of marriage should not be in question. A long-term consequence could be the issue of same-sex benefits for other employees that find out you're providing coverage for Pat. But even here, I think the extenuating circumstances would protect you from any legal problems.
>whether one of them loses their arm or any other
>appendage.
But losing an arm doesn't typically lead to being medically certified as a different gender. Your point about approaching the insurance carrier is well taken - there's no way I'm going to the insurer(s) until I know the answers first.
We are also in the State of Missouri and our policies are written to cover husband and wife based on the State's definition of same. So far in Missouri this means a man and a woman. To me the question is will the State recogonize their marriage when he becomes a she?
Good luck.
However, that was in a case where the gender reassignment took place prior to the marriage, whereas in this case, the individuals are legally married prior to the reassignment. They have been married legally; I would think that they will continue to be married absent any affirmative legal action voiding the marriage.
As far as what you should do, it's not your job to guess what a court would say if the marriage were challenged (I mean, unless this question has been definitively decided in your jurisdiction, but I suspect it hasn't). At this point the marriage has *not* been challenged, and it has *not* been invalidated. As far as you know, they remain married and there has been no legal determination to the contrary. Therefore I would continue to treat the other person as a spouse until there is a more substantial indication to the contrary.