The Supreme Court's decision to hold portions of the Defense of Marriage Act unconstitutional could force the hand of retirement plan sponsors in Puerto Rico, even though the country has its own mini version of the DOMA and its IRS code does not recognize same-sex marriages.
According to an analysis by the Groom Law Group, recent guidance on the definitions of "marriage" and "spouse" by the U.S. Department of Labor has clarified what Puerto Rican plan sponsors must do moving forward.
Even though the country's laws specifically say same-sex marriage is out and follows the rules of its own Internal Revenue Service, not the U.S. IRS, many of its plans must still comply with the Employee Retirement Income Security Act. To maintain compliance with ERISA, they will have to comply with the DOL's guidance on the subject of same-sex marriage, the law firm said.
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