Texas Retirement System has no problem complying with Obergefell

Posted on 02 Jul 2015 at 11:04am

Screen shot 2015-07-02 at 11.02.21 AMFor all the bitching and moaning from Texas’ top elected officials, Texas is having no problem complying with the U.S. Supreme Court’s marriage-equality decision when it comes to benefits and rights that flow from marriage.

Resource Center has been in touch with Texas Municipal Retirement System about pension issues faced by its LGBT retirees. Here’s an email Rafael McDonnell received in response to a message he left explaining they’re in full compliance with Obergefell v. Hodge, the marriage equality decision:

Dear Mr. McDonnell,

In response to your voicemail message on July 1, 2015, this is to advise you that TMRS is aware of, and intends to comply with, the recent US Supreme Court decision in Obergefell v. Hodges.  As stated in my April 10th letter to Ms. Cox, CEO of the Resource Center, TMRS has been in compliance with applicable IRS requirements regarding same-sex spouses and the TMRS Act allows a member to name any person, spouse or non-spouse, as a beneficiary.

Following the Obergefell decision, TMRS will now recognize the spousal relationship of members in same-sex marriages.  The primary change for TMRS members in a same-sex marriage will be that, since the marriage is now recognized, the member’s benefits and beneficiary designations are now subject to the same restrictions as currently apply to a member in an opposite-sex marriage.  For example, a vested married member must obtain their spouse’s consent to designate a beneficiary other than their spouse or to select a benefit payment option other than a joint and survivor annuity that names the spouse as the survivor.

Christine M. Sweeney
General Counsel
Texas Municipal Retirement System

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