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On June 26, 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. As a result of the Supreme Court's decision, the United States Office of Personnel Management (OPM) will now be able to extend certain benefits to Federal employees and annuitants who have legally married a spouse of the same sex, regardless of the employee's or annuitant’s state of residency. OPM is currently in the process of updating and revising the website to reflect this change, and will be updating this information as soon as possible. Please check back in the coming weeks for updates.
Generally, agencies may choose whether or not to require employees to provide documentation (such as a sworn affidavit) to establish the existence of a domestic partnership with respect to specific benefits. In determining whether to require documentation, however, agencies must consider whether a similar requirement is imposed upon opposite-sex spouses, consistent with the President’s intention that same-sex domestic partners be treated in the same manner as opposite-sex spouses for purposes of these benefits, to the extent permitted by law.
Yes, OPM proposed amendments to regulations found at 5 C.F.R. §§ 591.401-406 to make it clear that same-sex domestic partners and the children of same-sex domestic partners/spouses are considered dependents for the purposes of the Johnston Island separate maintenance allowance. 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)
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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