New Jersey Domestic Partner Benefits laws & HR compliance analysis

New Jersey Domestic Partner Benefits: What you need to know

In September 2013, a New Jersey Superior Court ruled that the state must allow same-sex couples to marry under the state constitution's equal protection provision (Garden State Equality v. Dow, 434 N.J. Super. 163 (NJ Sup. Ct. 2013)). The court's order took effect October 21, 2013.
The U.S. Supreme Court subsequently issued a decision legalizing same-sex marriage in all states (Obergefell v. Hodges, 135 S.Ct. 2584 (2015)).
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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, 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 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 state laws. Employers offering employees state-regulated coverage in New Jersey 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.
Domestic partners. State law ...

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New Jersey Domestic Partner Benefits Resources

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