Pension Benefits for Same-Sex Couples

Dennis Engelhard and Kelly Glossip were life partners for almost 15 years.   They owned a home together.  Glossip’s teenage son from a previous marriage, before Glossip came out as gay, considered Engelhard a stepfather.  But Glossip will not be receiving survivor’s benefits from Engelhard’s pension.

Engelhard, a 10-year veteran of the Missouri State Highway Patrol, was killed last December after getting out of his patrol car to place flares at the scene of a traffic accident.  Under Missouri state pension rules, if a trooper dies in the line of duty, his or her spouse is eligible for lifetime survivor benefits.   For Engelhard, that would have been more than $28,000 a year.

Missouri pension law is clear about who is a spouse.  In 2004 Missouri voters approved a constitutional amendment banning same-sex marriage.  Neither the state Highway Patrol pension system nor Missouri law recognizes domestic partners.

Although the unmarried partner of a heterosexual trooper would also not be eligible for survivor pension benefits, that couple would have had the option of getting married.   An option not available to Engelhard and Glossip.

Illinois, a bill, SB 2822, has recently been introduced that would amend the state pension code to allow a designated domestic partner to qualify as a surviving spouse for purposes of survivor and death benefits.  The bill defines a domestic partner as a person of the same gender as the unmarried pension participant who:

  • is at least 18 years old
  • is involved with the participant in a long-term relationship
  • has resided witht he participant at the same address for at least 12 months
  • is not a close blood relative of the participant
  • is not married to another person
  • has an exclusive mutual commitment to the participant in which they agree to be jointly responsible for each other’s common welfare and to share financial obligations.

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