The Respect for Marriage Act would preserve the company benefits of same-sex couples. The legislation, which passed the US Senate on November 29, was inspired by concerns that the US Supreme Court might reconsider its landmark same-sex marriage decision.
In this SHRM article, McDermott Partner Todd Solomon noted that federal and state law no longer distinguish between same-sex or opposite-sex marriages.
"Same-sex spouses must be extended spousal benefit coverage by employers" for fully insured health plans, Solomon said.
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