b'THE UNITED STATES SUPREME COURT DECISION Same Sex Marriage: Impact For EmployersRachel ParisiThe Ruling provide extra verification of a valid marriage if O n June 26, 2015, the United Statesthe same steps are not taken for all employees.Supreme Court issued a landmarkFor those participating in multiemployer decision when it ruled that the U.S.benefit plans, your fund counsel has likely Constitution requires that all states mustalready taken care of the changes needed permit marriage between same-sex couplesfor your plans after an earlier Supreme and that all states must recognize marriagesCourt decision in 2013 regarding same-sex lawfullyperformed in other states, includingmarriages (the Windsor decision). In marriages between same-sex couples. Theparticular, tax-qualified retirement plans decision was a close one, with the Justicesmust recognize same-sex marriages for ruling 5-4. The primary basis of the decisionpurposes of spousal rights. While it is not was the majoritys ruling that marriage is aclear whether same-sex marriages must fundamentalbe recognized for right that isrights that are not protected by thelegally mandated, Constitution andsuch as self-funded cannot be deniedhealth plan coverage, because bothit would seem that partners are of the same-sex.Atthere is a near-certain the time of therisk of discrimination ruling, 14 stateslitigation by not had bans in placeoffering such against same-sexcoverage in the wake marriage. of Windsor and Impact onObergefell. Your plans Employers benefit office will also What shouldlikely be updating employers beits enrollment doing as a result of the decision in Obergefell?and other forms to ensure that same-sex Make sure your policies treat same-sex andmarried couples are correctly identified and different-sex married couples the same.represented. Your company may have leave policies, non-discrimination policies or spousal benefitsWhen in doubt, always check with your that need to be modified to ensure that equalattorney on how to ensure that your company is treatment is afforded to same-sex marriedin compliance and take care of both its business couples. This is especially true for employersand employees.based in one of the 14 states that bannedObergefell v. Hodges, 576 U.S. ___ (2015).same-sex marriage pre-Obergefell (including Ohio). For larger employers with an in-house human resources department, ensure yourLedbetter, Parisi & Sollars LLC serves as Fund staff is aware that the same enrollment andCounsel to multi-employer Taft-Hartley Funds across verification processes are to be used for allthe country and frequently speak for the International married individuals. In other words, a marriedFoundation of Employee Benefits.same-sex employee cannot be required to www.mrca.orgMidwest Roofer 23'