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[quote=Anonymous][quote=Anonymous]OP, the DOL released guidance a few weeks ago stating that same sex married couples (not domestic partners) must be covered under ERISA plans. The IRS released guidance a few weeks later stating that the marriage does not have to be recognized by the state the employee lives or where the emoloyer is located. It just must legal in the US.

You need to follow back up with HR on this. There is no reason they haven't approved your spouse yet.

http://www.irs.gov/uac/Newsroom/Treasury-and-IRS-Announce-That-All-Legal-Same-Sex-Marriages-Will-Be-Recognized-For-Federal-Tax-Purposes;-Ruling-Provides-Certainty,-Benefits-and-Protections-Under-Federal-Tax-Law-for-Same-Sex-Married-Couples

http://mobile.reuters.com/article/idUSBRE98H1AH20130918?irpc=932

[/quote]

OP here. Thank you. This is very helpful as were many other responses. According to the Dept of Labor guidance issued last month, benefits covered under ERISA must be extended to all spouses regardless of the state. However, after some reading I just figured out that public school systems are exempted under ERISA. Sigh.

I will contact HR and request an answer in writing. If it is denied, I will then decide whether to contact a lawyer. [/quote]

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