The
IRS
released
its
long-anticipated
guidance
today
on
the
impact
of
the
Windsor
case
to
qualified
retirement
plans.
The
guidance
resolves
a
potentially
thorny
issue
on
retroactive
recognition
of
same-sex
marriages
and
clarifies
when
plans
must
adopt
any
amendments
required
to
comply
with
Windsor.
Here
are
the
highlights:
Retroactivity
Permitted
But
Not
Required.
Plans
are
not
required
to
recognize
same-sex
marriages
for
any
period
before
June
26,
2013
(the
date
of
the
Windsor
decision).
They
are
permitted
to
designate
an
earlier
date
as
of
which
same-sex
marriages
will
be
recognized
for
plan
purposes,
although
the
guidance
observes
that
recognizing
same-sex
marriages
for
all
purposes
as
of
a
date
earlier
than
June
26,
2013 may
trigger
requirements
that
are
difficult
to
implement
retroactively
and
may
create
unintended
consequences,
so
caution
must
be
exercised.
Amendments
May
Not
Be
Necessary.
A
plan
must
be
amended
to
reflect
the
outcome
in
Windsor
only
if
the
plan
terms
are
inconsistent
with
Windsor.
For
example,
a
plan
that
defines
a
spouse
as
only
a
person
of
the
opposite
sex
would
be
inconsistent
with
the
outcome
in
Windsor.
But
a
plan
that
merely
uses
the
term
"spouse"
or
"lawful
spouse"
without
limiting
it
to
persons
of
the
opposite
sex
may
be
ok.
Amendment
Timing.
To
the
extent
an
amendment
is
required,
it
generally
must
be
adopted
by
December
31,
2014.
(Special
rules
may
apply
for
non-calendar-year
plans
and
governmental
plans.)
Health
and
Welfare
Plans
Unaffected.
This
guidance
addresses
only
retirement
plans
and
does
not
impact
health
and
welfare
plans.
The
IRS's
notice
(Notice
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