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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. If you are a Virginia employer, your plan cannot offer coverage to same-sex spouses at this time - but they may meet the qualifications to be covered as domestic partners, if your plan includes domestic partner coverage. 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. State income tax rules vary.

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