Massachusetts Court Ruling May Have Immediate Effect on Employee Benefits

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On July 8, 2010, a Massachusetts District Court held that the federal Defense of Marriage Act (DOMA) is unconstitutional, specifically in its application to health benefits. Same sex spouses may be covered by health insurance, but, under current law, the IRS has held that, due to the DOMA, health insurance cannot be offered on a pre-tax basis unless the spouse is a “dependent” under federal law. As a result, employees with same sex spouses often are treated as if the value of the health insurance was paid as additional taxable income.

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Published In: Constitutional Law Updates, Family Law Updates, Health Updates, Insurance Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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