Do the Wrap and PCP templates need to be updated if my state recognizes same-sex marriage?

The federal guidance pertaining to same-sex marriage, along with the same-sex marriage laws in each state, are complicated. Therefore, we have kept the definition of "Spouse" in our Wrap templates very general to cover all possible scenarios. For example, in the Wrap Plan Document, the term "Spouse" is defined in Article II as follows (with emphasis added):

"'Spouse' means a spouse as defined under a Welfare Program.  Notwithstanding anything to the contrary contained herein, the term 'Spouse' shall include a same-sex spouse who is legally married under applicable law."

Similarly, the term "Spouse" is defined in Article II of the Premium Conversion Plan Document as follows (with emphasis added):

"'Spouse' means the individual who is legally married to an Eligible Employee under applicable law.  Notwithstanding anything to the contrary contained herein, the term 'Spouse' shall include a same-sex spouse who is legally married under applicable law."

The specific rules for the definition of a spouse need not be listed in the templates and reference to applicable law is sufficient, as this means that if they are married in a state that recognizes same-sex marriage then they are spouses under the plan. However, should you wish to include a more specific definition to meet your particular needs, the templates can be customized in Microsoft Word.

Note that Wrap360 bears no responsibility for changes made to the templates. Please consult a benefits specialist or trusted attorney for individualized customization guidance, as Wrap360 cannot provide legal advice.

Please Note: Wrap360 and its employees and officers are not permitted to offer legal advice. These FAQs are provided for general information purposes only. As the answers to specific questions may vary based on federal or state law, as well as on company documents for the issues in question, it would be prudent to consult knowledgeable benefits counsel for individualized guidance.