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Old 03-18-2014, 09:37 AM
 
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Does PA have to recognize out of state legal gay marriage? It's my understanding that out of state legally married gay couples are eligible for spousal benefits from employers in PA namely any kind of insurance [health, life] that would normally be offered to a spouse, and that they are eligible for spousal social security in the event of a death, as well as protected retirement programs and pensions. Anyone know for sure? In the hiring process we're facing these challenges and have gotten different answers regarding what PA companies are doing with this. Thanks for any info.
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Old 03-18-2014, 11:00 AM
 
Location: Center City
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Your question has many parts:

1. The Commonwealth of PA does not currently recognize legal same sex marriages from other states. This means, among other things, that same sex couples married out of state must still file separate tax returns, pay inheritance tax of assets they mutually acquired upon their spouse's death, etc. A lawsuit has been filed claiming this is a discriminatory practice, however, and we will see how the ruling goes this summer.

2. Social Security: After DOMA was overturned, the federal government was charged with recognizing same sex marriages, regardless of where the couples live. This means that legally married same sex couples living in PA have equal access to all federal rights, benefits and privileges that extend to opposite sex couples. Social Security survivorship one such benefit.

3. Employer benefits: Neither the federal nor state governments dictate how employers choose to structure their benefit plans. Perhaps this is why you've gotten different answers to your inquiries. You will need to assess each company's policies individually.
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