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Reply to "HR Bitch, can you help? Benefits & Gay Marriage"
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[quote=Anonymous]With the repeal of DOMA if the benefit plan in question covers "spouses" then a same sex spouse must be covered. Benefit plans are governed under ERISA and the state recognition of the marriage is not relevant. There's been a lot of information on the repeal of DOMA over the last few weeks. Initally we did not know if the IRS would require recognition of a same sex marriage in a state that does not allow same sex marriage. The IRS has now said yes, the marriage is recognized for the purpose of benefits, taxes, etc.[/quote]
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