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Same-Sex Partner Benefits

The Superintendent of Insurance has reversed its position on whether an employer who participates in an insured group health plan must treat same-sex couples who are married in other states the same as other married couples. In a new Department bulletin, Dinello announced that same-sex couples who enter into valid marriages outside of New York must be treated as married people.

Thus, where an employer offers group health insurance to employees and their spouses, the same-sex spouse of a New York employee who enters into a marriage legally performed outside the State is entitled to health insurance coverage to the same extent as any opposite-sex spouse.

In a September 2007 opinion the Insurance Office of General Counsel opined that employers were not required to provide health insurance coverage to same-sex couples married outside of New York State.

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This page contains a single entry from the blog posted on November 24, 2008 5:00 PM.

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