Ms. Farley had not submitted a beneficiary designation form to the firm prior to her death on September 13, 2010. After her death her parents presented an executed beneficiary designation form bearing the date September 12, 2010, a day prior to her death.
The Cozen O'Connor Profit Sharing Plan document provides that upon the event of death of a participant the account will be distributed to the designated beneficiary, and in the absence of such designation the account shall be paid to the participant's surviving spouse. The Plan document defines spouse as "the person to whom the Participant has been married throughout the one-year period ending on...the date of the Participant's death."
The Defense of Marriage Act defines "spouse" as a person of the opposite sex who is the husband or wife. However, the Act left open the ability of the employer to extend benefits to same-sex spouses and domestic partners. If state law does not prohibit extending benefits to same-sex spouses, there is a chance that the same-sex partner will be recognized as a spouse for purposes of an employee benefits plan. In this case, however, Pennsylvania law does not recognize same sex marriage. Therefore, this case is a challenge to both federal and state law regarding ERISA benefits for same-sex spouses.
This case was filed in January 2011 and is still in the preliminary stages. Amy Whelan of the National Center for Lesbian Rights is representing Jennifer Tobits, the surviving spouse, and Randal Luke Wenger subbed in on August 8, 2011, as counsel for the parents, David and Joan Farley. So far there has only been a complaint, amended complaint, and answer filed.
