New Hampshire Domestic Partner Benefits laws & HR compliance analysis

New Hampshire Domestic Partner Benefits: What you need to know

New Hampshire legally recognizes marriage between two individuals of the same sex (NH Rev. Stat. Sec. 457:1-a). Civil unions are no longer permitted under the law.
Employers are required to provide benefits on an equal basis to employees in same-sex or opposite-sex marriages.
Same-sex marriages or civil unions entered into outside the state are valid in New Hampshire, unless the relationship violates state law.
The U.S. Supreme Court issued a decision in 2015 legalizing same-sex marriage in all states and requiring all states to recognize same-sex marriages legally performed in other jurisdictions (Obergefell v. Hodges, No. 14-556 (6/26/15)).
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An existing same-sex civil union entered into before the same-sex marriage law took effect was converted into a marriage by operation of law effective January 1, 2011.
Self-funded health insurance plans governed by the Employee Retirement Income Security Act (ERISA) are subject to federal law. The U.S. Supreme Court has 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, No. 12-307 (June 26, 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 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, but such exclusions may subject an employer to discrimination claims.
Fully insured health plans are subject to ...

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New Hampshire Domestic Partner Benefits Resources

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