PERAC Memo #19 - 2004: Implementation of the Goodridge Decision
Implementation of the Goodridge Decision
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This memo advises boards that, following the Goodridge decision's effective date (May 17, 2004), members married to same-sex spouses are entitled to the same G.L. c. 32 retirement benefits and options as any other married member. Boards should require the same standard evidence of marriage as before and maintain records in the usual manner—no additional or special documentation or record-keeping is required, and since option benefits are actuarially equivalent, fiscal impact should be minimal.
Full Text
Memorandum # 19/2004
M E M O R A N D U M TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Implementation of the Goodridge Decision
DATE: May 18, 2004
The Supreme Judicial Court’s decision in Goodridge v. Dep’t of Public Health, 440 Mass. 309 (2003) authorizing same sex marriages became effective on May 17, 2004. As a result, any member of a Retirement System who is married to a person of the same sex will be eligible for the same benefit and in the same manner as have been previously available to any married couple. Retirement Boards are to require the same evidence of marriage that has been required in the past. The documents are to be retained in the member’s file and reflected in the Board’s records in the same manner as has been the case. No additional record keeping will be required.
Retirement boards should be advised that benefits paid as the result of the selection of a beneficiary pursuant to any option available under G.L. c. 32 are equal to the actuarial equivalent of the member’s benefit, so as a result, the implementation of the Goodridge decision will have little fiscal impact on the Retirement Systems.
If you have questions, please feel free to contact the Commission’s General Counsel, Barbara Phillips at (617) 666-4446, Extension 902.