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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.
No, although under some circumstances an employee may elect to provide their domestic partner with an insurable interest annuity.
The CSRS and FERS statutes make certain benefits available to surviving spouses, former spouses, and children of deceased annuitants. Such benefits are not available to domestic partners under existing law.
Under CSRS and FERS, however, employees who are found to be in good health may elect an individual to receive an insurable interest annuity. "Insurable interest" is an insurance term that applies to someone who would reasonably expect to derive financial benefit from your continued life. OPM has promulgated proposed regulations that would include same-sex domestic partners among relationships OPM would presume have an insurable interest in the continued life of an employee. The proposed regulations would alleviate the necessity for employees to submit affidavits from individuals who would be able to attest to the designated beneficiary’s insurable interest in the employee’s continued life.
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.
OPM has published amendments to its regulations to establish that an employee's same-sex domestic partner qualifies, and should be treated as, a family member for purposes of eligibility for noncompetitive appointment based on overseas employment, as provided in section 315.608 of title 5, Code of Federal Regulations. See 5 CFR 315.608(e), published electronically at http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=4dec5addb94f826760b699f451609d6a&rgn=div8&view=text&node=5:220.127.116.11.18.104.22.168&idno=5.
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
Yes. There is no limitation on the designation of individual beneficiaries under the FEGLI program. Thus, a Federal employee may designate his or her same-sex domestic partner/spouse or a child of the domestic partner/spouse as the primary or secondary beneficiary on SF 2823, Designation of Beneficiary, Federal Employees’ Group Life Insurance (FEGLI) Program.
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
OPM has established websites containing helpful information about each program. Here are the links:
· Federal Leave Policy: http://www.opm.gov/oca/leave/
(Note that FSAFEDS is the Federal employee application of a law that applies to taxpayers, generally, and there is no separate statutory provision for Federal employees in particular.)
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