Same sex marriage, timeliness of a grievance and election of benefits

The Pennsylvania Commonwealth Court has denied the appeal of the Gateway School District seeking to overturn an arbitrator's award allowing a retired teacher to add his spouse to his medical benefits. Gateway School District v. Gateway Education AssociationGrievant had retired in June of 2013 after more than thirty years service. While he had been in a same sex relationship for more than seventeen years, he was not allowed to add his partner to his retirement health care benefits. At that time neither the cba nor Pennsylvania law recognized same sex marriages. As a result, grievant elected single coverage. In 2014, after a federal district court in Pennsylvania found the failure to recognize same sex marriages unconstitutional, grievant married has partner. He then requested the School District add his spouse to his retirement health insurance coverage. The District refused, noting that at the time of grievant's retirement the cba had not recognized same sex…

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