Q.- An employee is asking to enroll her same-sex spouse in coverage. She just went to Connecticut and got married over the weekend. Our business is in Pennsylvania, and she lives in Pennsylvania. Do we have to allow her spouse to enroll in our health plan?
A.- Yes. The employee was legally married in a state that performs same-sex marriages. Even though Pennsylvania does not recognize same-sex marriage, she is considered married for benefit plan purposes under ERISA. Assuming you are not a church employer or other employer exempt from ERISA, you will have to offer coverage to the same-sex spouse if you cover other spouses under your plan. The marriage would be considered a special enrollment event allowing the spouse to enroll in the plan mid-year.
