On November 13, 2013, Governor Abercrombie signed the Marriage Equality Act of 2013 into law. This new law takes effect today and provides same-sex couples with the right to enter into a marriage that will be recognized by the State of Hawaii. Under this Act, the term “spouse” will be construed in a gender-neutral manner and a marriage will be permitted between two same sex individuals without regard to their gender.

What Changes Will Take Effect Starting Today? 

• Family and Medical Leave Act (FMLA)
  • An employee in a same-sex marriage who lives in a state that recognizes same-sex marriages will have the right under the FMLA to take leave for any of the following reasons:
    • Care for a same-sex spouse with a serious health condition
    • Care for a new child born to, adopted with, or fostered with a same-sex spouse
    • Qualifying exigencies related to the deployment of a same-sex spouse to active duty
    • Care for a same-sex spouse with a serious injury or illness
  • For same-sex spouses both working with RCUH: Restricted to a total of 12 weeks of combined leave for the purpose of either: (1) the birth, adoption or foster care placement of a child or (2) to care for the employee’s parent with a serious health condition.
  • Request for FMLA: FMLA Request Form
• Health Insurance
  • Same-sex spouse can now be added onto employee’s insurance plan as a dependent based on a qualifying event (note: this must be done within 30 days of marriage taking place).
  • Same-sex spouse insurance coverage will be on a pre-tax basis.
  • Request to add on spouse: Group Benefits Enrollment/Change Form
• COBRA Coverage
  • Same-sex spouse will now be considered a “qualified beneficiary” and will be provided formal COBRA notices and have an opportunity to continue health coverage after a COBRA qualifying event if such a need arises.
• Retirement Plans (with the change in the definition of spouse, husband and wives in a same sex marriage will be provided the same benefits as those in a opposite sex marriage)
  • Please log in to TIAA CREF’s website to make the changes to your beneficiary as necessary.
• State/Federal Tax Withholdings
  • The IRS will allow same sex couples to amend previously filed federal tax returns (generally, 2010, 2011, and 2012) in order to claim to claim a refund.
  • The IRS will not require couples to amend if they do not want to.
  • Couples living in states that recognize same sex marriage may be able to determine if they would be due a federal refund by referring to the information used to file their state returns.
  • Couples living in states that do not recognize same sex marriage may want to consult a tax preparer to determine if they qualify for a refund.
  • Request to change tax withholdings: Change in Employee Self Service
  • Please contact RCUH Payroll at [email protected] to file amendments to federal tax returns.

If you have any questions, please email RCUH Benefits at [email protected].