Oklahoma Domestic Partner Benefits laws & HR compliance analysis

Oklahoma Domestic Partner Benefits: What you need to know

Same-sex marriages in Oklahoma became lawful following the U.S. Supreme Court’s decision not to act on a petition for review of a decision by the 10th Circuit Court of Appeals, which had upheld a district court decision striking down Oklahoma’s ban on same-sex marriage (Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014)).
Reciprocity. Same-sex and opposite-sex marriages legally performed in other jurisdictions are recognized as legal marriages in Oklahoma.
The U.S. Supreme Court issued a decision in June 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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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, 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 are required to offer coverage to employees' same-sex spouses on ...

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Oklahoma Domestic Partner Benefits Resources

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