Pennsylvania Domestic Partner Benefits laws & HR compliance analysis

Pennsylvania Domestic Partner Benefits: What you need to know

Same-sex marriage in Pennsylvania became lawful following a federal district court decision that struck down as unconstitutional the state's ban on same-sex marriage (Whitewood v. Wolf, 992 F.Supp.2d 410 (M.D. Pa. 2014)).
The U.S. Supreme Court subsequently issued a decision legalizing same-sex marriage in all states and requiring all states to recognize same-sex marriages legally performed in other jurisdictions (Obergefell v. Hodges, 135 S.Ct. 2584 (2015)).
Reciprocity. Same-sex and opposite-sex marriages legally performed in other jurisdictions are recognized as legal marriages in Pennsylvania.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Health insurance. Self-funded health insurance 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 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 the same terms offered to employees' opposite-sex spouses. Likewise, health plans ...

Read more about Domestic Partner Benefits


Pennsylvania Domestic Partner Benefits Resources

Type Title
See all Domestic Partner Benefits Resources