04/27/2014 21:18 FAK Booz it FedEx INTER-OFFICE MEMORANDUM Date: July 23, 2004 From: Naney Blair ce: = Subject: ‘Open Door Response ‘Your Open Door letter requesting that the Company offer benefits to your same-sex spouse was forwarded to me for response ‘The FedEx health, life and retirement pians do not provide benefits for same-sex spouses even though Massachusetts law now recognizes same-sex spouses. These plans are governed by a federal law known as the Employee Retirement Income Security Act of 1974 (“ERISA”). Contrary to your allegation, FedEx is not diseriminating against you because of your sexual orientation. Rather, the Company is following the terms and conditions of its benefits plans as. red by ERISA. According to the plans, the definition of spouse does not include same-sex {DbusEEThe plans sate that “be tern ‘spouse’ shall have the same tearing as oe for United States Code Annotated Section 7 (1 U.S.C.A. § 7) (a person of the opposite sex who is a husband and wife), and shall be deemed to refer solely to persons who have entered into & marriage, as defined in 1 U.S.C.A. § 7 (a legal union between one man and one woman as a husband and wife).” Cuuremtly, FedEx has pot made a decision to implement bewsfits for same-sex spousesipartners. FedEx hus recently made significant changes in the healthcare coverage offered to both the active and retiree populations.) These changes were made in large part due to skyrocketing health costs. In the midst of these changes, FedEx does not have plans to make additional changes that will result in additional healthcare costs for the company and its employses. Ic is important to note that employees can desigmate any person as beneficiary in the Basic and Optional Life and AD&D Insurance Plans as well as in the Portable Pension Account and Profit Sharing Plan. At retirement, yoo can designate anvone you choose as a beneficiary of the Traditional Pension Plan.‘og/27, go44 21:18 FAX @oos INTER-OFFICE MEMORANDUM. July 23, 2004 Page 2 The Planning and Analysis staff of Employee Benefits will continue to monitor emerging trends in this area, “Should the Company's position change, employees will promptly be notified of th: ‘Nancy Blair toms: ‘Manager, Planning and Analysis/Health i Employee Benefits “ . NBlcn ie