Frequently Asked Questions Benefits for LGBT Federal Employees and Annuitants

It depends.  FSAFEDS follows IRS rules on dependents.  If you can claim your same-sex domestic partner/spouse as a tax dependent, then you may be reimbursed under your FSAFEDS account for his or her eligible expenses.

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

 

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.

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.

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

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.

Beginning in 2011 (Carrier letter 2011-12), OPM emphasized that transgender individuals should be provided appropriate preventive services in accordance with their individual medical status.  For example, an individual who transitions from female to male may still need pap smears if they have not undergone a hysterectomy.

Effective January 1, 2016, no carrier participating in the Federal Employees Health Benefits Program may have a general exclusion of services, drugs or supplies related to gender transition or “sex transformations.”

All plans complied with the OPM directive to remove blanket exclusions.  There are plans in every state that will offer mental health services, hormone therapy, and gender re-assignment surgery.

Plans differ in their covered services and procedures.  Members seeking specific services should consult plan brochures posted by state at www.opm.gov/insure.

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.