NRECA Employee Benefits Weekly

New FAQ Addresses How Windsor Decision on Federal DOMA Affects NRECA Benefits

Posted on Posted in All Benefits

We encourage co-ops to update their records in the normal course of business and to treat everyone equally.

We’ve developed a frequently asked questions document on how the United States v. Windsor decision, which repealed Section 3 of the federal Defense of Marriage Act (DOMA), and subsequent guidance, affects NRECA group benefits and retirement plans. You can find it on the Employee Benefits website. Go to Document Library > Documents for Co-ops > Overall Benefits >DOMA FAQ.

This issue may cause some confusion because:

  • While the June 26, 2013 Supreme Court decision ruled that Section 3 of the federal Defense of Marriage Act (DOMA), which defined “marriage” as a legal union between one man and one woman and defined “spouse” as a legally-married person of the opposite sex, was unconstitutional, it didn’t address section two of the federal DOMA, which provides that one state doesn’t have to recognize the validity of same-sex marriages that were legally performed in other states
  • While the federal government recognizes same-sex marriages, there are states currently that:
  • Issue marriage licenses to same-sex couples
  • Recognize legal same-sex marriages performed in other states
  • Don’t recognize legal same-sex marriages performed in other states
  • NRECA group benefits plans and retirement plans are affected by the Windsor decision differently. While the self-insured group plans—medical, dental, vision and Medicare Part D prescription drug plans—follow applicable state law, provided that a marriage is recognized as a legal marriage by the Commonwealth of Virginia, NRECA retirement plans follow federal law, which recognizes same-sex marriages
  • Guidance for many aspects of the Windsor decision is still pending

While NRECA can’t provide legal advice to cooperatives, the FAQ reflects our interpretation of the decision and guidance to help co-ops successfully address the issues related to the Windsordecision.

If you have questions, contact your field representative. You also can contact the Member Contact Center at 1.866.673.2299 or contactcenter@nreca.coop.

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