Frequently Asked Questions Benefits for LGBT Federal Employees and Annuitants

Yes. Such benefits should currently be available. In addition, OPM amended its regulations to confirm that an employee's same-sex domestic partner may obtain assistance under agency EAPs. See the final rule at http://www.gpo.gov/fdsys/pkg/FR-2012-07-20/html/2012-17539.htm

 

Yes.  OPM amended its regulations to establish that employees who are otherwise eligible to participate in agency child care subsidy programs may receive subsidies to assist in the care of the child/children of their same-sex domestic partner.  See the final rule at http://www.gpo.gov/fdsys/pkg/FR-2012-07-20/html/2012-17539.htm

Brochures contain links to the plan websites and plan contact information (see www.opm.gov/fehbbrochures).  Members/prospective members may contact the health plan directly to learn more about medical necessity criteria, pre-authorization, and/or pre-certification.  As an example, many carriers require a period of hormone therapy before surgery will be approved for coverage.

If you are a Federal employee, check with your agency’s HR office to obtain the forms to update your designation of beneficiary for CSRS or FERS retirement, Federal Employee Group Life Insurance (FEGLI), and Thrift Savings Plan (TSP) (if you are a FERS employee).

If you are a Federal retiree, contact OPM Retirement Services.

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)

 

Same-sex couples who are in a civil union or other forms of domestic partnership other than marriage are ineligible for most benefits. There are two big exceptions. 

The Federal Long-Term Care Insurance Program (FLTCIP) allows those individuals who satisfy the same-sex domestic partnership standard to be treated as qualifying relatives for Federal employees and annuitants. 

Also, employees may elect at retirement an insurable interest annuity for anyone, including domestic partners or partners to a civil union, as long as the retiree can show he/she is in good health and the person designated for this benefit can show that he/she has an insurable interest in the continued life of the employee. An insurable interest annuity is a different survivor benefit from a spousal survivor annuity benefit, so be aware that an insurable interest annuity provides a different level of benefits than a survivor annuity for a legal spouse.

For Federal Employee Group Life Insurance (FEGLI) life insurance, you can designate a trust. Instructions are available on the designation form and in the FEGLI handbook at www.opm.gov/life.

By law, FEGLI benefits are paid according to the most recent valid designation on file with your employing agency, or if there’s no valid designation, then according to the order of precedence provided by law. A will cannot supersede your designation or even the order of precedence, so it’s important to make sure your designation is up to date. 

A designation of beneficiary does “trump” a will for purposes of paying the Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS) lump-sum death benefit. OPM pays the lump-sum death benefit, first, according to the designation, but, if none, in accordance with the order of precedence under 5 U.S.C. 8342(c) for CSRS and 5 USC 8424(d) for FERS to determine eligibility for this benefit. The designee on the designation of beneficiary form is the first potential recipient under the order of precedence, and therefore, receives priority over all other potential recipients. 

For CSRS or FERS, you can designate a testamentary trust for the lump sum payable at death. A testamentary trust is a trust that is set up when you die, according to terms in your will. Use SF 3102 if you are under the FERS system or SF 2808 if you are under the CSRS system. Information about designating a trust can be found in chapter 34 of the CSRS and FERS Handbook. Be aware that the lump sum benefit is different than the monthly survivor benefit payable to a legal spouse or other eligible beneficiaries. 

The experts at the Federal Retirement Thrift Investment Board provided this answer in reference to TSP benefits: “It is correct that in regards to TSP designation, an employee can designate a trust. It is also true that nothing, including a will, can trump a TSP designation.”

You can change your Federal Employee Group Life Insurance (FEGLI) life insurance designation at any time. Submit SF 2823 to your human resources office, or submit it to OPM’s Retirement Office if you are an annuitant.