Gay, Widowed and Fighting for What They’re Due


Todd Solomon said that “every private sector company in America that has a pension” is subject to ERISA, which includes rules to protect surviving spouses. Although IRS rules do not require pension plans to provide retroactive benefits to survivors, Mr. Solomon explained that the Supreme Court’s Windsor decision, which affirmed the rights of same-sex married couples, makes pension plans that did not clearly define the word “spouse” vulnerable to claims and lawsuits if the plans do not offer survivor pension benefits. Read the full article