ERISA Lawsuits Filed following Striking of DOMA

Chicago, ILERISA lawsuits have been filed in the aftermath of the Supreme Court’s ruling striking down the Defense of Marriage Act (DOMA). The act, which was struck down in the lawsuit of Edith Windsor, has paved the way for lawsuits, including ERISA lawsuits, to be filed across the United States, as people in same-sex marriages fight for their right to spousal benefits.

One such lawsuit that was recently decided was that of Jennifer Tobits, who had fought to be paid death benefits by the employer of her late spouse, Sarah Ellyn Farley. A federal judge in Pennsylvania found that following the DOMA strike down, Farley’s employer was required to pay Tobits death benefits under a federal ERISA plan.

According to court documents (found online at washingtonblade.com), Farley and Tobits were married in Canada four years ago, and Farley died of cancer in 2010. She was employed by a law firm and was part of the firm’s profit-sharing plan. The plan required that death benefits must be paid, but both Tobits’ and Farley’s parents requested payment of the benefits. Under the rules of the plan, benefits are to be paid to the surviving spouse. They are only to be paid to a different beneficiary if the surviving spouse waives those rights.

The judge found that the law firm’s benefits plan was an ERISA-qualified plan and contained many requirements of an ERISA-qualified plan, including provisions related to death benefits distribution. This includes the requirement that the spouse must waive his or her right to be the beneficiary in writing. The question of whether Tobits was Farley’s spouse was left to be determined, with the judge finding that following the decision in Windsor, spouse “now rightfully includes those same-sex spouses in ‘otherwise valid marriages.’”

“There can be no doubt that Ms. Tobits is Ms. Farley’s ‘surviving Spouse’ under the plan in light of the Supreme Court’s decision in Windsor, the judge ruled. Based on that, the judge found that Tobits was entitled to the law firm’s death benefits.

The lawsuit was case 2:11-cv-00045-CDJ.

Other lawsuits could be filed as spouses in same-sex marriages fight to ensure they are treated fairly under ERISA laws and have access to ERISA plan benefits.