DOMA Enforcement

Recently, the Obama Administration indicated that it will no longer enforce the Defense of Marriage Act (DOMA).  Many employer sponsors are wondering how this affects their plans.  We are currently examining these issues and plan to issue a Legal Alert next week discussing the implications.  However, please keep in mind that DOMA does not affect ERISA preemption, so for self-insured plans, ERISA preemption is still alive and well.

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