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View Diary: Is Boeing poised to deny Washington married couples equal benefits? (71 comments)

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  •  I suspect that the issue is that (2+ / 0-)
    Recommended by:
    Argyrios, grover

    ERISA, the federal statute governing retirement plans, preempts state law regarding retirement plans in most situations.  Applying DOMA and ERISA in combination arguably means that, under ERISA, federal law does not require a retirement plan subject to ERISA to treat same-sex spouses equally.

    Thus, because ERISA preempts Washington's statute, Boeing is not required to cover same-sex spouses, although the union and Boeing can contract for such coverage in the future.  The reality of union contract negotiations is that Boeing is not going to concede anything.

    "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

    by Old Left Good Left on Fri Nov 23, 2012 at 08:34:38 PM PST

    •  "suspect" "could be" (1+ / 0-)
      Recommended by:
      grover

      I guess we're left to guess and speculate until Boeing chooses to be more clear in their public communications.

      If your suspicions are right, maybe they could clarify in a press conference where they condemn DOMA/ERISA as being an unhelpful gov't regulation intruding on their business and the free market?

      Supporter: "Senator, you have the vote of every thinking person!" Adlai Stevenson: "That's not enough, madam, we need a majority!"

      by Scott Wooledge on Fri Nov 23, 2012 at 09:17:35 PM PST

      [ Parent ]

      •  It doesn't say they cant (2+ / 0-)
        Recommended by:
        grover, jayden

        it might say they don't have to.  I think that Boeing actually provides benefits to same-sex spouses of salaried employees, so it is not a matter of Boeing being homophobic.  Rather, it's a contract negotiation--and whatever the law doesn't require, the union and management will fight over.

        "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

        by Old Left Good Left on Fri Nov 23, 2012 at 09:36:42 PM PST

        [ Parent ]

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