Overview
Todd Solomon explained that self-insured employers generally still have discretionary authority to define eligibility for spousal coverage as they see fit, including for same-sex spouses, regardless of state marriage laws. “There is no clear requirement under ERISA that says a self-insured plan has to cover same-sex spouses or same-sex partners of any kind, nor is there any prohibition in the law against defining ‘marriage’ for the purposes of eligibility as a one-man-one-woman arrangement,” Mr. Solomon said, but added, “Once you do that, what kinds of potential legal claims are you subjecting yourself to?” Read the full article
