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Wisconsin Domestic Partner Benefits: What you need to know

Same-sex marriages in Wisconsin became lawful following the U.S. Supreme Court’s decision not to act on a petition for review of a decision by the 7th Circuit Court of Appeals that had upheld a district court decision striking down Wisconsin’s ban on same-sex marriage (Wolf v. Walker, 986 F. Supp. 2d 982 (W.D. Wis. 2014)).
Reciprocity. Same-sex and opposite-sex marriages legally performed in other jurisdictions are recognized as legal marriages in Wisconsin.
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Self-funded employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) are subject to federal law. The U.S. Supreme Court struck down as unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defined marriage as only between a man and a woman (United States v. Windsor, 133 S.Ct. 2675 (2013)). The ruling requires equal treatment under federal law of spouses in legally recognized same-sex and opposite-sex marriages. Therefore, employee benefits regulated by federal law such as ERISA and federal income tax law generally must provide equally for those in same-sex and opposite-sex marriages. There may be narrow exceptions under ERISA that permit self-funded plans to exclude coverage for employees’ same-sex spouses.
Fully insured health plans are subject to state laws. Employers offering employees state-regulated coverage are required to offer coverage to employees' same-sex spouses on the same terms offered to employees' opposite-sex spouses. Likewise, health plans sponsored by state public sector employers are subject to state law and are required to cover same-sex spouses on the same basis as opposite-sex spouses.
Leave. The federal Family and Medical Leave Act of 1993 (FMLA) ...

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Wisconsin Domestic Partner Benefits Resources

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