July 15, 2014

IRS Issues Long Awaited Guidance on Application of US v. Windsor to Retirement Plans

New IRS guidance means that action is required by employers sponsoring qualified retirement plans if the terms of the plan are inconsistent with the Supreme Court’s decision in United States v. Windsor or define the term “spouse” “marriage” or “husband” and “wife” by reference to section 3 of DOMA. Plan documents, summary plan descriptions and administrative forms need to be reviewed as soon as possible to determine what changes may be required. This guidance is contained in IRS Notice 2014-19 and related Q&As.

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