November 21st, 2009
 

365 Gay: News

New federal law protects retirement savings of gay couples


(Washington) A new law signed by President Bush will protect domestic partners who inherit retirement savings.

The Worker, Retiree and Employer Recovery Act of 2008 – known as WRERA – contains technical corrections to the Pension Protection Act of 2006.

The Pension Protection Act, or PPA, made it possible for employers to allow any non-spouse beneficiary of an employee’s retirement plan—including an employee’s same-sex partner—to roll inherited retirement benefits directly to an individual retirement account and avoid immediate taxation.

WRERA requires that all employers provide this rollover opportunity to non-spouse beneficiaries.

“This legislation secures much-needed protection for lesbian and gay couples,” said Human Rights Campaign President Joe Solmonese.

“Our community faces unique challenges in preparing for retirement because we are denied Social Security spousal and survivor benefits. Protecting our hard-earned retirement savings is even more crucial to us, and until now, the tax code made it that much harder.”

Before 2007, partners who inherited retirement plan savings typically faced immediate taxation on inherited benefits, unlike opposite-sex spouses, who could roll savings over to an IRA with no tax penalty.

Under the PPA, which came into effect in 2007, qualifying plans could permit any non-spouse beneficiary—including a domestic partner, parent or sibling—to roll over inherited retirement benefits paid as a lump sum directly to an IRA. Qualifying plans include defined benefit plans pensions, 401K plans, employee stock ownership plans, profit-sharing plans, money purchase plans, 403B plans and governmental 457B plans.

But the provision was subsequently interpreted to be optional for employers, meaning each company had to affirmatively adopt this protection for partners under each qualifying plan.

Under the WRERA, which takes effect in January 2010, all qualifying plans that pay lump sum benefits to non-spouse beneficiaries are required to provide the rollover opportunity.

“This is progress toward eliminating the more than 1,000 inequities that our families face under federal law,” said Solmonese.

He also called on employers to make the rollover provision available as quickly as possible and not wait for the 2010 deadline. Solmonese said that LGBT workers should ensure their partners and children are designated as beneficiaries.


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  • Matt Said: January 18th, 2009 at 12:42 pm
    • This is a great step forward, albeit a small one. How about repealing DOMA and applying the spousal consent, QJSA and other rules which currently apply only to married participants to particpants in domestic parterships, civil unions and same-sex marriages?

  • SteveMD2 Said: January 7th, 2009 at 2:25 am
    • What is also needed is to allow gay couples who cannot be married where they live, and who decide to split up, to split their IRA / 401k accounts without immediate taxation. I was told of one long term couple who could were in this situation. Most of their assets were in one partner’s 401k, and unlike married people, they could not split up the 4011k, as they wanted to do to be fair to each other, without having to pay immediate taxes on the split out amount.

  • Jay Said: January 6th, 2009 at 5:41 pm
    • This is big news. It will make a great deal of difference to ordinary Americans. I am surprised that Bush signed it; perhaps he knew that if he had not signed it, the Democratic Congress would pass it again and President Obama would certainly sign it. It always makes me feel good when advances toward fairness and justice are made.

  • JayC Said: January 5th, 2009 at 6:20 pm
    • This appears to be one more piece of legislation that Bush signed without reading.

  • roger ramjet Said: January 5th, 2009 at 4:38 pm
    • Well well…no comments on this from his majesty? just a swipe of a pen and it is so? Bet this one is driving Windom and the AFA absolutely nuts. Maybe they’ll start a boycott against America.

      Of course, Bush left it up to individual companies to decide if they want to honor this law. No penalty if they don’t. If Obama wants to set the bar higher, he could eliminate that ‘touchy-feely-hate-some-more’ part of it.

  • Alexa Said: January 5th, 2009 at 3:55 pm
    • Thank you Democratic Congress.

  • DeaninMI Said: January 5th, 2009 at 3:51 pm
    • I’m absolutely flabbergasted.

      Way to set the bar, George! Let’s hope the next President can find it in his heart to set the bar higher.

      I won’t hold my breath, waiting, though.

  • Peter-Nicholas Said: January 5th, 2009 at 3:30 pm
    • Yes Trace, could it be that our outgoing fearless leader has a pang of guilt about the way he and his vile party have treated some of their fellow citizens?

  • Trace Said: January 5th, 2009 at 2:44 pm
    • I posted this about a week ago while 351gay was on holiday.

      This is such a huge move towards gay rights and equality.

      Who would have thunk that Bush had it in him?

 
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