IRS Issues Additional DOMA Guidance for Retirement Plans

The Internal Revenue Service (IRS) recently issued guidance on the treatment of same-sex marriages for retirement plan purposes. The Treasury Department and Internal Revenue Service released Notice 2014-19, which provides guidance on the application of the decision in U.S. v Windsor on the federal tax treatment of same-sex married couples to retirement plans.

This guidance is important because it clarifies that the plans need to comply with the retirement provisions under section 401(a) as applied to same-sex couples as of the date of the Windsor decision and not before (no retroactive effect). In addition, plans must comply with the rules regardless of state recognition of same-sex marriages as of the date of the Treasury guidance in this regard (September 16, 2013).

The Treasury Department and Internal Revenue Service also posted additional FAQs on the impact of the decision in United States v. Windsor (June 26, 2013) on retirement plans.

ERIC members and trial members can read more here.
For the latest edition of the IRS’s Employee Plans News, which includes Notice 2014-19, the FAQs and other resources, click here.