Tag: benefit

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GOP-led House Committee on Veterans Affairs votes down equal benefits for same-sex spouses

The House Committee on Veterans’ Affairs, by a vote of 13-12, rejected an amendment that would update Title 38 of the U.S. Code to ensure that spousal benefits of gay, lesbian and bisexual veterans would be available no matter the state of residence.

Committee Chairman Jeff Miller (R-Fla.) said he opposed the amendment because it would interfere with states that have enacted laws related to marriage.

Section 103(c) of Title 38 of the U.S. Code governs veterans benefits. And currently, the code is dictated by the state of residence, not the state of celebration.

 In other words, veterans benefits for spouses are predicated on where you live, not where you got married. So even if you are legally married, if your current state of residence
doesn’t recognize same-sex marriage, those same-sex spouses are out of luck in regards to receiving the same benefits afforded heterosexual veterans and their spouses.

Lori Hensic, director of research and policy for the LGBT military group known as the American Military Partner Association, issued this statement:

“The ability of our nation’s veterans, no matter their sexual orientation, to access their earned benefits should be an issue that transcends partisan politics,” Hensic said. “It’s a sad reflection on the state of our Congress when our elected officials cannot put aside their differences to end this discrimination.”

(via Washington Blade)

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Georgia complies with same-sex military benefits order

From The Washington Blade reports:

Major Jon Craig, a National Guard Bureau spokesperson, said Georgia had agreed to process applications to grant same-sex spouses military IDs last week in a decision along the lines of Texas and Louisiana.

“With Georgia, what it came down to was the authorization to put some state employees on temporary federal status,” Craig said.

Georgia had been one of two remaining states that had refused to enroll the spouses of gay troops into the benefit system in the aftermath of an edict for Defense Secretary Chuck Hagel saying military spousal benefits should be available to troops in same-sex marriages nationwide. These states had cited state constitutional amendments barring same-sex marriage as the reasons why they couldn’t comply.

Only Mississippi continues to ignore the Defense Department’s order. Talks are ongoing and the state is not commenting.

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Houston Mayor Annise Parker announces same-sex spousal benefits for city employees

Houston Mayor Annise Parker

Annise Parker, openly lesbian three term mayor of Houston, announced today that city employees who are legally married in other states are now eligible for spousal benefits.

Via press release:

A 2001 voter-approved City Charter amendment has previously been relied upon as the basis for prohibiting the granting of same-sex benefits. However, the amendment specifically permits benefits to be provided to “legal spouses” of employees.

After a careful review of recent case law, the city legal department believes continued application of the charter amendment so as to deny same-sex spousal benefits would be unlawful because it treats employees differently on the basis of sexual orientation.

“Based on the right to equal protection under the law, it is unconstitutional for the city to continue to deny benefits to the same-sex spouses of our employees who are legally married,” said Mayor Parker. “This change is not only the legal thing to do, it is the right, just and fair thing to do.”

Similar benefits are currently available in other major Texas cities: Austin, El Paso, Fort Worth, Dallas and San Antonio.

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Labor Department says same-sex married couples entitled to employment/pension benefits

The effects of repealing DOMA continue to show up as the Labor Department steps up with new guidance on employment benefits:

The Labor Department now says that same-sex married couples are entitled to the same employment benefits as straight married couples regardless of where they live. What this means is that your spouse can now participate in your company’s retirement plan, such as a 401K plans.

Labor Secretary Thomas Perez called the ruling a “historic step forward.” Previously, Perez had hedged on whether the ruling from the Labor Department, which regulates private retirement plans, would apply in states that hadn’t legalized marriage equality. The new ruling clears that up.

“By providing greater clarity on how the Supreme Court’s decision affects one of the laws we enforce, we are contributing to greater equality and greater protection for America’s working families,” EBSA Assistant Secretary Phyllis Borzi said.

The guidance does make note that these provisions are reserved for married couples, not those in civil unions or domestic partnerships.

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Louisiana: National Guard won’t process same-sex spousal benefits

Like its neighbor, Texas, Louisiana will not be processing spousal benefits for married same-sex couples at National Guard facilities:

National Guard spokesman Lt. Col. Mike Kazmierzak said Maj. Gen. Glenn Curtis, the state’s adjutant general, issued the directive Wednesday.

Kazmierzak cited the state’s constitution.

“The state of Louisiana’s constitution does not recognize same sex marriage, nor does it allow a state official to take part in an act that recognizes same sex marriage,” he said.

Kazmierzak said the Louisiana National Guard isn’t denying same-sex benefits. He said guard personnel can seek to file benefit requests with eight federal military installations ar ound the state for processing.

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Attorney General: Military will grant all benefits to spouses of gay military

The Department of Justice will not enforce Title 38, a law barring gay veterans from spousal benefits, the Washington Blade reports:

In a letter dated Sept. 4, U.S. Attorney Eric Holder notifies U.S. House Speaker John Boehner (R-Ohio) of the change in the way the Justice Department will enforce Title 38 of the U.S. code.

“[I]n light of subsequent developments and my recommendation, the President has directed the Executive Branch to cease enforcement of Sections 101(3) and 101(31) of Title 38,” Holder writes. “Decisions by the Executive Branch not to enforce federal laws are appropriately rare. Nonetheless, for the reasons described below, the unique circumstances here warrant non-enforcement.”

From the White House via press release:

The language, contained within Title 38 of the U.S. Code, has, until now, prevented the Executive Branch from providing spousal benefits to veterans—and in some instances active-duty service members and reservists—who are in same-sex marriages recognized under state law.

In a letter to Congressional leaders, Holder stated that the President’s decision was consistent with the Court’s decision in Windsor in June.

“Although the Supreme Court did not directly address the constitutionality of the Title 38 provisions in Windsor, the reasoning of the opinion strongly supports the conclusion that those provisions are unconstitutional under the Fifth Amendment,” Holder wrote.

(via Towleroad)

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Texas National Guard refuses benefits to married same-sex couple

Tuesday marks the first day that the U.S. armed forces started offering partner benefits, including military IDs, to troops with same-sex spouses after a period of implementation this year. In the wake of the Supreme Court decision against the Defense of Marriage Act, gay troops are now eligible for major spousal benefits, including health and pension benefits as well as equal access to housing.

Alicia Butler, an Austin, Texas, attorney, said she was rejected when she tried to register with the Defense Enrollment Eligibility Reporting System, or DEERS, the military’s health benefits system, when she applied on Tuesday at Camp Mabry, where her spouse, Judith Chedville, a nurse and Iraq war veteran, is stationed as a member of the National Guard.

“We were told that Texas would not register us into the system and would not issue an ID card for me,” Butler said. “We were told that if she was active duty they would do that for me, but not for a National Guard member because she’s part of the Texas National Guard.”

The explanation the couple was given, Butler said, was that they were denied because she and her spouse are the same gender. Butler said she and her spouse were legally married in California.

The American Military Partner Association, an LGBT military group, says it was leaked guidance indicating that Texas Military Forces, or the Texas National Guard, wouldn’t honor the U.S. armed forces’ plan to begin offering partner benefits to gay troops because the Texas Constitution prohibits same-sex marriage.

“The TXMF is a state agency under the authority and direction of the Texas state government,” the guidance states. “Therefore, the TXMF must consider that the Texas Constitution and Texas Family Code 6.204 conflicts with the DoD policy extending benefits to same-sex spouses. Due to this potential conflict, we are unable to enroll same-sex families into DEERs at our state supported facilities until we receive legal clarification.”

Similar to what Butler and Chedville were told, the guidance says troops who are affected by this issue should seek a federal facility to apply for benefits.

“However, the TXMF remains committed to ensuring its military personnel and their families receive the benefits to which they are entitled,” the guidance states. “As such, we encourage anyone affected by this issue to enroll for benefits at a federal installation.”

More at the Washington Blade

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Walmart to offer same-sex partners benefits

Walmart to offer employment benefits to same-sex couples - domestic partners

Well, this is a big deal.

Yesterday Walmart employees received a memo from Sally Welborn, Walmart’s Senior VP of Benefits:

This week our associates will receive a pre-enrollment postcard at their homes announcing the dates for annual enrollment and providing highlights of the 2014 benefit offerings. Among the information highlighted on the postcard: We will cover domestic partners in the medical, dental, vision, life, critical illness and accident plans. This means Walmart will offer these benefits to an associate’s same- or opposite-sex spouse or unmarried partner.

The memo didn’t stop there, though. Welborn’s memo also made note of several other unrelated changes to the company’s benefits plan and then adds this:

It’s a business decision, not a moral or political decision. We operate in 50 states, hundreds of municipalities and Puerto Rico, and as clarified under the Supreme Court’s decision to strike down section 3 of the Defense of Marriage Act (DOMA), each of these states are developing different definitions of marriage, domestic partner, civil union, etc. By developing a single definition for all Walmart associates in the U.S. and Puerto Rico, we are able to ensure consistency for associates across our markets.

The Affordable Care Act (commonly referred to as “ObamaCare”) inextricably linked health insurance with employment. As such, for our associates for whom we offer health insurance, we want to be sure we are providing access to as many individuals and their families as possible.

Given the diverse world we live in today, a comprehensive benefit package that includes domestic partner benefits appeals to the contemporary workforce. Many companies, including most of our competitors, already offer spouse/partner benefits to their employees. Of 30 retail competitors, all but two (Publix and Stop and Shop union plan) provide either same- or opposite-sex domestic partner coverage.

Your behavior matters. The words you use also matter. We are counting on you to be thoughtful, supportive and understanding of multiple viewpoints. Your visibility can make a big difference to how associates feel.

Walmart has 1.3 million U.S. employees and is the largest employer outside the Department of Defense.

I don’t shop at Walmart. For many reasons. However, I applaud this move by America’s largest private employer and certainly my opinion feels a shift due to these policy shifts.

Good for Walmart.

Screen capture of memo details inclusion of domestic partners in company benefits
Click image to enlarge.

(via JMG)

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Pentagon may grant gay soldiers ten day leave in order to travel to marry spouses

According to the Associated Press, the Pentagon is weighing the idea granting up to ten days leave to gay soldiers who need to travel to other states in order to legally marry:

According to a U.S. official, the memo is under legal review by the Justice Department, and the Pentagon will not be able to take any action until that review is finished. “Although we have bases and installations in all 50 states, not all state laws are equal when it comes to same-sex marriage,” a defense official said. “That is why we are looking at providing extra leave for same-sex couples who want to get married to travel to a state where same-sex marriages are legal.” The officials were not authorized to discuss the memo publicly, so spoke on condition of anonymity.

According to the AP, on-base housing and health care benefits may be offered to the legal spouses of gay soldiers by the end of August.

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Los Angeles: Matt Zarley sings to benefit Gay & Lesbian Elder Housing tonight

Tonight , July 19, 2013 at 7:00pm, Gay & Lesbian Elder Housing and Chris Isaacson present UPRIGHT CABARET AT GLEH; a monthly charitable cabaret series raising awareness of GLEH through song!
 
Matt Zarley is the winner of the 2012 OutMusic Award for Best Album and Best Song.

Admission: Free to Residents, $10 suggested donation to the Public!

Info at 323-957-7200, more info at www.UprightCabaret.com or www.gleh.org

Triangle Square/Gay & Lesbian Elder Housing
1602 Ivar Avenue
Hollywood, CA 90028