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Duke to Update Same-Sex Policy Following Supreme Court Ruling

Current employees grandfathered under existing policy provisions

With the recent U.S. Supreme Court ruling allowing same-sex marriage, Duke officials have announced a change in its Same-Sex Spousal Equivalency (SSSE) policy that was first offered 20 years ago to provide similar benefit coverage to same-sex partners.

Because the ruling creates a more equitable environment and offers the same rights and benefits available to opposite-sex couples, all newly hired faculty and staff, regardless of sexual orientation, must be legally married to cover a partner or partner’s child for benefits or applicable policies effective Jan. 1, 2016.

“The court’s ruling now provides same-sex couples the same legal access to benefit coverage and tax filing status as married opposite-sex couples,” said Kyle Cavanaugh, vice president for Administration. “Because the rights and legal status of marriage were not available to same-sex couples previously, Duke has for the last 20 years extended access to benefit coverage to same-sex couples.”

Current faculty and staff members will be grandfathered under the provisions of the Same-Sex Spousal Equivalency policy since they have already qualified for dependent coverage under the existing policy. However, registered same-sex couples will still not be able to take advantage of the federal and state tax savings for payment of these benefits unless legally married or able to claim one’s partner as a dependent as defined by the IRS and the tax code. Employees should consult a tax advisor if they have any questions regarding personal situations.

The benefits and applicable policies that are covered include:

  • Medical, dental, & vision benefits
  • Reimbursement accounts
  • Financial Protection (such as personal casualty coverage)
  • Educational assistance, including the Children’s Tuition Grant program
  • Retirement plans
  • Survivor benefits
  • And policies such as FMLA, Sick Leave, Bereavement Leave, and the Kiel Donation Program

Cavanaugh said that the announcement is being made well in advance of the effective date to ensure sufficient time to communicate and plan for this change. For more information about Dukes SSSE policy, visit the Duke Human Resources website.