Plan Design After United States vs. Windsor: What Happens When Employers Ask and Employees Tell

ABSTRACT: On June 26, 2013 the Supreme Court issued its decision in United States v. Windsor, striking down Section 3 of the Defense of Marriage Act. Under the Windsor decision, the federal government can no longer treat same-sex marriages differently than opposite-sex marriages. This article discusses some of the issues employers will need to address in response to the Windsor decision regarding their defined benefit, defined contribution, health and other welfare plans.