 |
Gay
Pension Ruling Could Impact
All Of
New York State
by Doug
Windsor, 365Gay.com
from the
Web, May 4, 2006
|
| |
|
New York City -- A Long Island
court was told on Thursday that the New York State Department of Civil Service
and the Uniondale Union Free School District are ignoring "well-settled law in
New York that honors [same-sex] marriages validly performed in foreign
jurisdictions."
The case involves a retired Nassau County teacher who was denied spousal
benefits for his same-sex spouse.
Duke Funderburke, 72, worked as a teacher at the Uniondale Union Free School
District in Nassau County for over 20 years before retiring in 1986. He
married his partner of 42 years, Brad Davis, 67, in October 2004 in a ceremony
in Canada.
When Funderburke requested that his retirement health benefits be extended to
his spouse, just as benefits are extended to other married retirees, the school
district refused.
Funderburke is represented by Lambda Legal.
"Duke Funderburke helped to educate a generation of New Yorkers over the course
of his 25 years as a teacher," said Alphonso David, Lambda Legal Staff Attorney
and lead attorney on the case.
"Not only are the state and school district wrong to deny Mr. Funderburke's
legally married spouse the benefits spouses of all retired New York teachers
enjoy, but they're attempting to ignore well-settled law in New York that honors
marriages validly performed in foreign jurisdictions."
Lambda argued in court Thursday that state and local government agencies,
municipalities, and private businesses across the state are respecting
out-of-state marriages between same-sex couples.
Attorney General Eliot Spitzer issued an opinion confirming "parties to such
unions must be treated as spouses for purposes of New York law."
Similarly New York State Comptroller Alan G. Hevesi issued an opinion that the
New York State Retirement System will respect out-of-state marriages between
same-sex couples for purposes of pension benefits. Moreover, a number of
New York municipalities, including New York City, Albany, Buffalo, Ithaca,
Nyack, Rochester and Brighton have also affirmed that their governments respect
these marriages.
The New York Department of Civil Service is the administrator of the New York
State Health Insurance Program, the provider of Uniondale Union Free School
District's medical and health benefits through its Empire Plan, which
exclusively covers New York State's public employees.
The New York State Retirement System already recognizes the marriages of
same-sex couples wed in Massachusetts or the four countries that have legal
same-sex marriage. In April, New York City announced it also would
recognize those gay marriages in all city services.
The outcome of the Funderburke case has the potential to compel the New York
State Department of Civil Service to provide benefits for married spouses of all
gay and lesbian state employees and retirees covered by the Empire Plan, not
just those of the Uniondale Union Free School District.
The lawsuit does not call on the court to determine whether New York itself must
permit same-sex couples to marry in the State.
That issue is being decided in a separate case: Hernandez v. Robles,
which will be argued May 31, 2006 before the New York Court of Appeals - New
York's highest court.
|
