Not Married By DefinitionNot Married By Definition

A recent decision by a U.S. district court addresses the question of whether a participant’s same-sex surviving spouse can be denied benefits under a private company’s Employee Retirement Income Security Act (ERISA)-covered defined benefit plan.  

Background

In 1984, the election year when Congressional Representative Geraldine Ferraro ran as Walter Mondale’s candidate for vice president, the Retirement Equity Act was passed. Among its provisions was a mandate that pension plans subject to ERISA provide a “qualified joint and survivor annuity” to a surviving spouse, a benefit that could only be defeated by a spouse’s written waiver and consent.¹

The definition of “spouse” has evolved dramatically since then—first among the states, then in ...