I. QUESTION PRESENTED
Whether a civil union established in Vermont conveys spousal inheritance rights under
the intestacy law of New Hampshire so that the agency can deem the claimant to be
the NH’s “widow” for purposes of determining her entitlement to survivors’ benefits
under Title II of the Act.
II. SHORT ANSWER
Yes. Under the laws of New Hampshire at the time of the NH’s death, a civil union,
legally contracted outside of the state, was recognized as a marriage. Accordingly,
the claimant is treated as a spouse under New Hampshire intestacy law. For these reasons,
the agency can deem the claimant to be the NH’s widow for purposes of determining
her entitlement to Title II survivors’ benefits.
III. BACKGROUND
The evidence shows that the claimant entered into a valid civil union with the NH
in Vermont on November 29, 2002. The NH died on February 4, 2013. On October 8, 2013,
the claimant filed for widow’s benefits based on the Vermont civil union. Both at
the time of the civil union and at the time of the NH’s death, the couple resided
in New Hampshire.
IV. APPLICABLE LAW
A. Federal Law
To be entitled to widow’s insurance benefits under the Act, a claimant must show,
among other things, that she is the “widow” of the insured. See Act § 202(e)(1), 42 U.S.C. § 402(e)(1). First, a claimant is the widow of such insured
if the courts of New Hampshire would find that the claimant was validly married to
the insured at the time she died. See Act § 216(h)(1)(A)(i), 42 U.S.C. § 416(h)(1)(A)(i); 20 C.F.R. § 404.345. Alternatively,
even if a claimant was not validly married to the insured at the time she died, she
will be deemed her widow if, at the time of the NH’s death, she would have the same
status as a widow of the insured with respect to the taking of such property. See Act § 216(h)(1)(A)(ii), 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345. This determination
is made using the law applied by the courts of the NH’s domicile state to determine
the transfer of personal property when the decedent dies without a will (intestate).
See id.
Under POMS GN 00210.004B, a claimant is considered married for benefit purposes, if the non-marital legal
relationship (such as a civil union, domestic partnership, or reciprocal beneficiary
relationship): (1) “was valid in the place it was established”; and (2) “qualifies
as a marital relationship using the laws of the state of the [NH’s] domicile.” Consistent
with the Act, this instruction provides that a non-marital legal relationship, such
as a civil union, will be treated as a marital relationship if the claimant would
be entitled to inherit from the NH as a spouse under the intestacy laws of the state
where the NH was domiciled. POMS GN 00210.004A.
B. State Laws
Under the New Hampshire intestacy law, the claimant would be entitled to widow’s benefits
if, at the time of the NH’s death, the claimant could inherit as the NH’s spouse.
N.H. Rev. Stat. Ann. § 561:1(I)(a) (2014). The question of whether the claimant could
inherit as the NH’s spouse, under the New Hampshire intestacy laws, in effect at the
time of the NH’s death, is discussed below.
In Vermont, civil unions are non-marital legal relationships, established between
July 1, 2000 through September 1, 2009, which convey spousal inheritance rights. Vt.
Stat. Ann. tit. 15, § 1202 (2000) (portions repealed by Vt. Stat. Ann. tit. 15, §
8 (2009)); see Vt. Stat. Ann. tit. 15, § 1204(a) (2000). In New Hampshire, civil unions are non-marital
legal relationships established from January 1, 2008 through December 31, 2009. N.H.
Rev. Stat. Ann. § 457-A (repealed); see N.H. Rev. Stat. Ann. § 457:1-a (2010). Same-sex marriage was legalized in Vermont
on September 1, 2009 and in New Hampshire on January 1, 2010. Vt. Stat. Ann. tit.
15, § 8 (2009); N.H. Rev. Stat. Ann. § 457:1-a (2010).
IV. ANALYSIS
The couple was never validly married in the State of New Hampshire, their state of
domicile at all relevant times. The claimant is, therefore, not considered a widow
pursuant to 42 U.S.C. § 416(h)(1)(A)(i).
The couple did, however, enter into a non-marital legal relationship, a civil union,
in Vermont on November 29, 2002. Therefore, even if the claimant was not validly married
to the NH in New Hampshire, she can be deemed the NH’s widow if, at the time of the
NH’s death, under the law applied by the courts of New Hampshire in determining the
devolution of intestate personal property, she has the same status as the NH’s widow
with respect to the taking of such property. See Act § 216(h)(1)(A)(ii), 42 U.S.C.
§ 416(h)(1)(A)(ii); 20 C.F.R. § 404.345; POMS GN 00210.004A.
In determining whether their non-marital legal relationship can be treated as a marriage
for Title II benefit purposes, we first ask whether the relationship was valid in
the place it was established. POMS GN 00210.004B. In Vermont, civil unions were valid between July 1, 2000 and September 1, 2009. Vt.
Stat. Ann. tit. 15, § 1202 (2000) (portions repealed by Vt. Stat. Ann. tit. 15, §
8 (2009)); see POMS GN 00210.004D. Thus, the evidence supports that the couple’s civil union, which was entered into
on November 29, 2002, was valid in the place and at the time it was established.
Next, we must determine if the claimant would inherit as the NH’s spouse under New
Hampshire law. Under New Hampshire law, intestate inheritance rights are determined
by the law of the decedent’s domicile. In re Estate of Rupert, 651 A.2d 937, 939 (N.H. 1994) (citing Eyre v. Storer, 37 N.H. 114, 120 (1858)). The NH was domiciled in New Hampshire at the time of her
death. Accordingly, to determine whether the claimant has the requisite status to
inherit the NH’s intestate property, we apply New Hampshire law.
In New Hampshire, the entire intestate estate of the decedent “shall descend or be
distributed by decree of the probate court” to the spouse, where “there is no surviving
issue or parent of the decedent.” N.H. Rev. Stat. Ann. § 561:1(I)(a) (2014). If the
decedent is survived by issue and/or parents, the spouse will receive a portion of
the intestate estate. Id. at §§ 561:1(I)(b)-(e). If the Vermont civil union between the claimant and the NH
would allow the claimant to inherit as the NH’s “spouse” under New Hampshire law,
then SSA can deem her the NH’s widow for purposes of Title II survivors’ benefits.
See Act § 216(h)(1)(A)(ii); 20 C.F.R. § 404.345.
On July 10, 2014, an Act related to the recognition of out-of-state marriages, the
uniform recognition of marriages, civil union recognition, and gender-neutral references
went into effect in New Hampshire. 2014 N.H. Laws Ch. 160 (S.B. 394) (amending N.H.
Rev. Stat. Ann. §§ 21:3, 457:3, 457:44, 457:45). The portion of the Act relating to
civil union recognition, amending N.H. Rev. Stat. Ann. § 457:45, reads:
A civil union legally contracted outside of New Hampshire, or any legal union other
than a marriage that provides substantially the same rights, benefits and responsibilities
as a marriage that is legally contracted outside of New Hampshire, shall be recognized
as a marriage in this state, and any person in such legal union contracted outside
of New Hampshire may also marry the same party in New Hampshire without the dissolution
of such legal union, provided that the relationship does not violate the prohibitions
of this chapter. [1]
The prior version of the N.H. Rev. Stat. Ann. § 457:45, effective January 1, 2010
through July 9, 2014, which was in effect at the time of the NH’s death, reads:
A civil union legally contracted outside of New Hampshire shall be recognized as a
marriage in this state, provided that the relationship does not violate the prohibitions
of this chapter.
Under either the prior version of the statute or the amended version of the statute,
we believe New Hampshire law would recognize the claimant as the NH’s spouse. [2] In matters of statutory interpretation, “[w]e first examine the language of the statute
and ascribe the plain and ordinary meanings to the words used.” In the Matter of Watterworth & Watterworth, 821 A.2d 1107, 1111 (N.H. 2003). The plain language of both versions of § 457:45
states a civil union legally “contracted” outside the state will be recognized as
a marriage. The plain meaning of the statute is, therefore, that a civil union entered
into in the past is recognized as a marriage prospectively from the effective date
of N.H. Rev. Stat. Ann. § 457:45. Notably, the statute does not restrict its application
to civil unions entered into as of the date that civil unions became legally available
in the State of New Hampshire.
New Hampshire law, therefore, recognizes civil union partners, even those civil unions
entered into outside the state of New Hampshire before N.H. Rev. Stat. Ann. § 457:45
was in effect, as spouses. Because we believe New Hampshire law would recognize the
claimant as the NH’s spouse at the time of the NH’s death, the claimant would be entitled
to inherit the NH’s property in the absence of a will pursuant to N.H. Rev. Stat.
Ann. § 561:1. Therefore, the agency can deem the claimant to be the NH’s widow under
the Act. See Act § 216(h)(1)(A)(ii); 20 C.F.R. § 404.345; POMS, GN 00210.004.
V. CONCLUSION
The Act provides two methods for establishing a claimant’s status as an insured’s
widow. First, a claimant is an insured’s widow if she was validly married to the insured
at the time she died. Second, even if a claimant was not validly married to the insured,
she will be deemed the insured’s widow if she would inherit a wife’s share of the
insured’s personal property if the insured died intestate. Here, the claimant satisfies
the second requirement. Accordingly, the agency can deem the claimant the NH’s widow
for purposes of determining her entitlement to survivor’s insurance benefits.
Dino Trubiano
Supervisory Attorney
By: ______________
Sarah Choi
Assistant Regional Counsel