Court Awards Survivor’s Benefits to Same-Sex Spouse

U.S. District Judge C. Darnell Jones, II (E.D.Pa.), ruled July 29 that the federal Employee Retirement Income Security Act (ERISA) should be construed, now that DOMA Section 3 has been declared unconstitutional, to recognize a same-sex marriage for purposes of an employee benefit plan when the married couple resided in a state that recognized the validity of the marriage.  The ruling means that Jennifer J. Tobits will be entitled to a survivor’s benefit under the … <Read More>