| Q. |
I was legally married to my same-sex partner in a state that recognized same-sex marriages. Will the Pension Fund honor and respect my same-sex marriage? |
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| A. |
Yes. If you are legally married in a state that recognized same-sex marriages, the Pension Fund will honor and respect your marriage and will treat your spouse the same as the spouse of any other married member. |
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| Q. |
If I was legally married after retirement, is there a requirement that I be married for a period of time before my same-sex spouse is entitled to the Pension Fund's survivor benefit? |
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| A. |
Yes. As with any other married member, according to Section 6.02(g-1) of the Pension Law, the surviving spouse of a retiree who got married to the retiree after the date of the retirement, is entitled to receive a death (or survivor)annuity, if the surviving spouse was married to the retiree for a period of at least five consecutive years preceding the date of the retiree's death.Note also, that benefits don't start until the surviving spouse has reached age 55 (Section 6.02(g-3)). The actual date of marriage will be used for computation of the five year period and not the date of the Supreme Court decision. |
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| Q. |
My same-sex partner and I are in a "civil union" recognized by another state. Will we be treated as married? |
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| A. |
No. Only if the parties are legally married, will the partner be treated as the spouse. Civil unions are not considered legal marriages. |
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| Q. |
Will benefits offered to same-sex married members affect the Pension Fund's excellent funding status (such as the unfunded actuarial accrued liability, amortization period or funded ratio)? |
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| A. |
No. The total number of marriages and survivor benefits claims is not anticipated to change materially as a result of the recognition of same-sex marriages. |
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| Q. |
Why didn't the Pension Fund honor same-sex marriages until now? |
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| A. |
The Texas Constitution and certain laws prohibited the recognition of same-sex marriages, and the Pension Fund has operated in compliance with these Texas requirements. Recently, the Supreme Court has ruled that same-sex marriages must be allowed in all states and that same-sex marriages of other states must be recognized. The Supreme Court decision preempts the Texas Constitutional provision and other contrary laws on the subject. |
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| Q. |
If my same-sex spouse and I consider ourselves married under common law, will we be treated the same as other couples considered "married" under the common law? |
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| A. |
Yes. But note that under Section 6.06 common-law marriages are not recognized and common-law spouses are not entitled to benefits as beneficiaries unless a declaration of informal marriage was made and recorded before the member's death. The date of filing of the declaration of informal marriage is considered the actual date of marriage for determining entitlement to benefits. |
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| Q. |
If I'm legally married to my same-sex partner and we decide to get divorced, will the Pension Fund honor any agreed or court-ordered division of pension benefits? |
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| A. |
Yes. As with any other married member who gets divorced, as long as there is a valid Qualified Domestic Relations Order (QDRO) the Pension Fund will honor any division of pension benefits and will pay benefits to the same-sex ex-spouse as provided in the QDRO. |
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| Q. |
If my same-sex spouse and I have a child, may that child be entitled to a death benefit upon my death, in the same manner as with any other marriage? |
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| A. |
Yes. As with any other married member, under Section 6.02(g), a member's children born prior to the date of retirement are entitled to a death benefit upon the member's death. The Pension Fund requires birth certificates which clearly indicate that the member is one of the parents. The Board has interpreted this section to include children adopted prior to retirement as well. For adopted children, the Pension Fund requires evidence of adoption.
However, children born after retirement are only entitled to a death benefit if the retiree was married to the other parent of the child on the date of retirement.The Pension Fund requires birth certificates which clearly indicate that both the member and the spouse at the time of retirement, are the parents.Children adopted after retirement are not entitled to a death benefit. |
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