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Department of Employee Trust Funds
Revised June 27, 2014

 

Update: Impact of Recent Federal Court Ruling on the WRS

On June 13, 2014, the federal district court issued a stay of its previous ruling, which held that Wisconsin’s 2006 constitutional amendment prohibiting same-sex marriage violated the equal protection clause and the due process clause of the U.S. Constitution. A stay means the ruling will not be enforced, pending further appeals.

Until the federal courts reach a final decision on Wisconsin ’s same-sex marriage prohibition, please note that Chapter 40 of the Wisconsin Statutes continues to provide for domestic partnerships.  This provides some, but not all, of the rights of marriage, such as the right to include a domestic partner as a dependent on one's health insurance coverage.  For more information on the Wisconsin Retirement System benefits available to Chapter 40 domestic partners, see ETF’s Domestic Partner Benefits (ET-2166) brochure.

In addition, federal law requires the Department of Employee Trust Funds to remain in compliance with Internal Revenue Service regulations when administering benefit programs. The Federal Tax Compliance for Same-Sex Marriages FAQ on our website provides information on the specific WRS-related rights already available to same-sex spouses whose marriages are recognized by the federal government, as well as the similarities and differences between those rights and the rights of Wisconsin Chapter 40 domestic partners.

ETF will continue to convey any new information to members as soon as it becomes available.

 


June 10, 2014

Impact of Recent Federal Court Ruling on the WRS

On June 6, 2014, a U. S. District Court judge ruled that Wisconsin’s 2006 constitutional amendment prohibiting same-sex marriage violated the equal protection clause and the due process clause of the U.S. Constitution. The Department of Employee Trust Funds is awaiting further clarification in order to determine what effects the ruling may have on Wisconsin Retirement System benefits and the WRS benefit programs we administer. We will convey any new information to members as soon as possible.

Federal law requires ETF to remain in compliance with Internal Revenue Service (IRS) regulations when administering benefit programs. The Federal Tax Compliance for Same-Sex Marriages FAQ on our website provides information on the specific WRS-related rights already available to same-sex spouses, as well as the similarities and differences between those rights and the rights of Wisconsin Chapter 40 domestic partners.

For more information on the WRS benefits available to Chapter 40 domestic partners, please see ETF’s Domestic Partner Benefits (ET-2166) brochure.

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