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Q

Does our health plan cover same-sex spouses?

A

If you are a DC or Maryland employer with a health plan that currently covers spouses, you must offer coverage to same-sex spouses because they are recognized as legal spouses. Virginia employers should review their health plan contracts for the definition of legal spouse, since the state of Virginia is recognizing same-sex marriages as of October 6, 2014. Through the 2013 DOMA Supreme Court decision, the federal government now recognizes any marriage that is recognized by a particular state. IRS guidance says the value of same-sex spouse health coverage is excludable from an employee’s income for federal taxation purposes. For state income tax purposes, DC, MD and VA employers can also exclude the value of coverage. State income taxation varies by state.

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