New York Governor's Directive on Same -Sex Marriage
On May 14, the Governor of New York issued a directive instructing state agencies that gay couples married outside of New York (in states such as California and Vermont) should "be afforded the same recognition as any other legally performed union." It is important to understand that this directive does not fully recognize same-sex marriage in New York, but it will have an impact on benefits provided through state benefit plans.
The directive is for all state agencies to review all rules and regulations for their respective agencies to determine if they conflict with recognition of same-sex marriages report to the governor by June 30. State agencies will be expected to provide full faith and credit to same-sex marriages. The agencies will also report a list of state regulations and statutes that will likely need to be changed, such as state laws governing state pension and public housing. It affects the executive branch only and not the legislative or judicial branch. For example, it does not change tax laws and will not likely change laws governing child custody and welfare (but may be adopted by judges in court rulings).
The anticipated end result is that the State as an employer and provider of services will recognize same-sex unions, while the "State" as one of the 50 "states in the union" will not require general recognition and authorization of same-sex marriages. State-run benefits programs will likely be impacted and I anticipate that the state health benefits funds and state retirement plans will be amended or revised in light of this directive to recognize same-sex spouses. However, there should not presently be an impact on private employer sponsored plans. As more information comes out, I will certainly share it with you.
