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Frequently Asked Questions Same Sex Domestic Partner Benefits

Are my same-sex domestic partner and the children of my same-sex domestic partner entitled to evacuation pay benefits under 5 U.S.C. §§ 5522-5523 in the event we must be evacuated in the United States because of natural disasters or for military or other reasons that create imminent danger to our lives?

Yes, OPM proposed amendments to its regulations found at 5 C.F.R. §§ 550.401-409 to make it clear that same-sex domestic partners and the children of same sex-domestic partners are considered to be dependents for the purposes of the evacuation pay statutes.  See Final Federal Register Rule, Change in Definitions; Evacuation Pay and the Separate Maintenance Allowance at Johnston Island, July 20, 2012. https://www.federalregister.gov/articles/2012/07/20/2012-17540/change-in-definitions-evacuation-pay-and-the-separate-maintenance-allowance-at-johnston-island

 

 

 

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