Diversity & Inclusion FAQs

No.  At this time, the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C, defines the term “marriage” as found in Federal benefits statutes to mean “a legal union between one man and one woman as husband and wife” and the term “spouse” to mean “a person of the opposite sex who is a husband or a wife.”  For those benefits of federal employment that are limited to spouses, DOMA thus prohibits coverage of same-sex domestic partners, even if legally married under state law.  President Obama and the Attorney General have announced that the current Administration will no longer defend DOMA in court because of the Administration’s view that DOMA is unconstitutional.  Nonetheless, until Congress repeals DOMA or there is a final judicial ruling that strikes it down, the Administration continues to enforce DOMA because it is the law.  See http://www.justice.gov/opa/pr/2011/February/11-ag-222.html.

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. FURTHER INFORMATION: The Same-Sex Domestic Partner FAQs were developed to answer questions about the benefits available to the same-sex domestic partners or spouses of Federal employees, under title 5, United States Code.  Please note that information regarding eligibility for benefits can change quickly, and you should consult the web pages of the individual benefits programs for the most current information (see list of links in FAQ 24).  In addition, please note that these FAQs do not address benefits available to same-sex domestic partners outside of Title 5, such as travel and relocation benefits, which are administered by the General Services Administration.  (See http://www.gsa.gov/graphics/ogp/FTRBulletin1107.pdf.)   Can Federal employees obtain spousal benefits provided by Title 5 for their same sex spouses if they are legally married under state law?   Answer No.  At this time, the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C, defines the term “marriage” as found in Federal benefits statutes to mean “a legal union between one man and one woman as husband and wife” and the term “spouse” to mean “a person of the opposite sex who is a husband or a wife.”  For those benefits of federal employment that are limited to spouses, DOMA thus prohibits coverage of same-sex domestic partners, even if legally married under state law.  President Obama and the Attorney General have announced that the current Administration will no longer defend DOMA in court because of the Administration’s view that DOMA is unconstitutional.  Nonetheless, until Congress repeals DOMA or there is a final judicial ruling that strikes it down, the Administration continues to enforce DOMA because it is the law.  See http://www.justice.gov/opa/pr/2011/February/11-ag-222.html.   Can Federal employees obtain benefits for their same-sex domestic partners and the children of their same-sex domestic partners?   Answer Yes, with respect to many benefits.  President Obama issued a memorandum on June 2, 2010, requesting all Federal agencies to consider extending benefits currently available to employees’ opposite-sex spouses to employees’ same-sex domestic partners, as long as such coverage could be extended consistent with law.  See the Presidential Memorandum "Extension of Benefits to Same-Sex Domestic Partners of Federal Employees," at http://www.whitehouse.gov/the-press-office/presidential-memorandum-extension-benefits-same-sex-domestic-partners-federal-emplo. Agencies have reviewed and are continuing to review their programs and proposing or implementing changes to their programs in response to the President’s memorandum, and a number of benefits are now available to same-sex domestic partners of Federal employees that previously were not as described below, under specific benefits.   What is the definition of a domestic partner?   Answer For purposes of ensuring consistent implementation of the President’s memorandum, a “domestic partner” is defined in OPM regulations (e.g. 5 C.F.R. § 875.213) as a person in a domestic partnership with an employee or annuitant of the same sex.  The term “domestic partnership” is defined as a committed relationship between two adults, of the same sex, in which the partners—   (1) are each other’s sole domestic partner and intend to remain so indefinitely;   (2) maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle);   (3) are at least 18 years of age and mentally competent to consent to contract;   (4) share responsibility for a significant measure of each other’s financial obligations;   (5) are not married or joined in a civil union to anyone else   (6) are not the domestic partner of anyone else;   (7) are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction in which the partnership was formed;   (8) are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification, as well as constitute a criminal violation under 18 U.S.C. § 1001, and that the method for securing such certification, if required, shall be determined by the agency; and   (9) are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership.   Do I need to provide documentation to establish that I am in a domestic partnership?   Answer 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.   With respect to certain benefits, however, documentation is required by regulation.  For example, 5 CFR § 875.213 states that, for the purpose of the Federal Long Term Care Insurance Program, and as prescribed by OPM, domestic partners “will be required to provide documentation to demonstrate that you meet these requirements.”   Does the fact that I am legally married in a state that recognizes same-sex marriage affect the determination of whether I am in a domestic partnership?   Answer No.  The existence of a domestic partnership does not depend upon marital status.  It is determined solely on the basis of the criteria set forth above, in A. 4.

Yes. In 1997, President Clinton established the 24-hour LWOP policy to encourage Federal agencies to make 24 hours of unpaid leave available to Federal employees for these three family support purposes as an interim measure while pursuing legislation to amend the Family and Medical Leave Act (FMLA). Although FMLA was never amended for these purposes, President Obama continues to support this LWOP policy with a current emphasis to extend coverage to Federal employees with same-sex domestic partners. Pursuant to the President’s June 2, 2010, Memorandum, OPM has extended the 24-hour LWOP policy to apply also to the children and elderly relatives of employees’ same-sex domestic partners. See CPM 2010-16, Extension of 24-Hour LWOP Family Support Policy to Same-Sex Domestic Partners of Federal Employees, September 10, 2010 (http://www.chcoc.gov/Transmittals/TransmittalDetails.aspx?TransmittalID=3146). See also Frequently Asked Questions about Leave: 24-Hours of LWOP for Family Support (http://www.opm.gov/oca/leave/html/24HoursLWOPQA.asp). FURTHER INFORMATION: The Same-Sex Domestic Partner FAQs were developed to answer questions about the benefits available to the same-sex domestic partners or spouses of Federal employees, under title 5, United States Code.  Please note that information regarding eligibility for benefits can change quickly, and you should consult the web pages of the individual benefits programs for the most current information (see list of links in FAQ 24).  In addition, please note that these FAQs do not address benefits available to same-sex domestic partners outside of Title 5, such as travel and relocation benefits, which are administered by the General Services Administration.  (See http://www.gsa.gov/graphics/ogp/FTRBulletin1107.pdf.)   Can Federal employees obtain spousal benefits provided by Title 5 for their same sex spouses if they are legally married under state law?   Answer No.  At this time, the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C, defines the term “marriage” as found in Federal benefits statutes to mean “a legal union between one man and one woman as husband and wife” and the term “spouse” to mean “a person of the opposite sex who is a husband or a wife.”  For those benefits of federal employment that are limited to spouses, DOMA thus prohibits coverage of same-sex domestic partners, even if legally married under state law.  President Obama and the Attorney General have announced that the current Administration will no longer defend DOMA in court because of the Administration’s view that DOMA is unconstitutional.  Nonetheless, until Congress repeals DOMA or there is a final judicial ruling that strikes it down, the Administration continues to enforce DOMA because it is the law.  See http://www.justice.gov/opa/pr/2011/February/11-ag-222.html.   Can Federal employees obtain benefits for their same-sex domestic partners and the children of their same-sex domestic partners?   Answer Yes, with respect to many benefits.  President Obama issued a memorandum on June 2, 2010, requesting all Federal agencies to consider extending benefits currently available to employees’ opposite-sex spouses to employees’ same-sex domestic partners, as long as such coverage could be extended consistent with law.  See the Presidential Memorandum "Extension of Benefits to Same-Sex Domestic Partners of Federal Employees," at http://www.whitehouse.gov/the-press-office/presidential-memorandum-extension-benefits-same-sex-domestic-partners-federal-emplo. Agencies have reviewed and are continuing to review their programs and proposing or implementing changes to their programs in response to the President’s memorandum, and a number of benefits are now available to same-sex domestic partners of Federal employees that previously were not as described below, under specific benefits.   What is the definition of a domestic partner?   Answer For purposes of ensuring consistent implementation of the President’s memorandum, a “domestic partner” is defined in OPM regulations (e.g. 5 C.F.R. § 875.213) as a person in a domestic partnership with an employee or annuitant of the same sex.  The term “domestic partnership” is defined as a committed relationship between two adults, of the same sex, in which the partners—   (1) are each other’s sole domestic partner and intend to remain so indefinitely;   (2) maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle);   (3) are at least 18 years of age and mentally competent to consent to contract;   (4) share responsibility for a significant measure of each other’s financial obligations;   (5) are not married or joined in a civil union to anyone else   (6) are not the domestic partner of anyone else;   (7) are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction in which the partnership was formed;   (8) are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification, as well as constitute a criminal violation under 18 U.S.C. § 1001, and that the method for securing such certification, if required, shall be determined by the agency; and   (9) are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership.   Do I need to provide documentation to establish that I am in a domestic partnership?   Answer 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.   With respect to certain benefits, however, documentation is required by regulation.  For example, 5 CFR § 875.213 states that, for the purpose of the Federal Long Term Care Insurance Program, and as prescribed by OPM, domestic partners “will be required to provide documentation to demonstrate that you meet these requirements.”   Does the fact that I am legally married in a state that recognizes same-sex marriage affect the determination of whether I am in a domestic partnership?   Answer No.  The existence of a domestic partnership does not depend upon marital status.  It is determined solely on the basis of the criteria set forth above, in A. 4.

Yes. The Long-Term Care Security Act (LTCSA), codified at 5 U.S.C. §§ 9001-9009, allows coverage for qualified relatives, who are defined as spouses; parents, stepparents, or parents-in-law; children (including an adopted child and a stepchild), and individuals having such other relationship to an employee as OPM may by regulation prescribe.  OPM has prescribed that “qualified relative” includes same-sex domestic partners, and such partners are thus now eligible for coverage.  See 5 C.F.R. § 875.213, “May I apply as a qualified relative if I am the domestic partner of an employee or annuitant?”  OPM has also created a form, “Declaration of Partnership” (June 2010) which employees and their same-sex domestic partners/spouses should use.  See OPM Benefits Administration Letter (BAL) 10-901, “Federal Long Term Care Insurance Program (FLTCIP): Qualified Relatives now include Same-Sex Domestic Partners,” (http://www.opm.gov/retire/pubs/bals/2010/10-901.pdf), and its attachment 1, “Declaration of Domestic Partnership” (http://www.opm.gov/retire/pubs/bals/2010/10-901attachment.pdf). FURTHER INFORMATION: The Same-Sex Domestic Partner FAQs were developed to answer questions about the benefits available to the same-sex domestic partners or spouses of Federal employees, under title 5, United States Code.  Please note that information regarding eligibility for benefits can change quickly, and you should consult the web pages of the individual benefits programs for the most current information (see list of links in FAQ 24).  In addition, please note that these FAQs do not address benefits available to same-sex domestic partners outside of Title 5, such as travel and relocation benefits, which are administered by the General Services Administration.  (See http://www.gsa.gov/graphics/ogp/FTRBulletin1107.pdf.)   Can Federal employees obtain spousal benefits provided by Title 5 for their same sex spouses if they are legally married under state law?   Answer No.  At this time, the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C, defines the term “marriage” as found in Federal benefits statutes to mean “a legal union between one man and one woman as husband and wife” and the term “spouse” to mean “a person of the opposite sex who is a husband or a wife.”  For those benefits of federal employment that are limited to spouses, DOMA thus prohibits coverage of same-sex domestic partners, even if legally married under state law.  President Obama and the Attorney General have announced that the current Administration will no longer defend DOMA in court because of the Administration’s view that DOMA is unconstitutional.  Nonetheless, until Congress repeals DOMA or there is a final judicial ruling that strikes it down, the Administration continues to enforce DOMA because it is the law.  See http://www.justice.gov/opa/pr/2011/February/11-ag-222.html.   Can Federal employees obtain benefits for their same-sex domestic partners and the children of their same-sex domestic partners?   Answer Yes, with respect to many benefits.  President Obama issued a memorandum on June 2, 2010, requesting all Federal agencies to consider extending benefits currently available to employees’ opposite-sex spouses to employees’ same-sex domestic partners, as long as such coverage could be extended consistent with law.  See the Presidential Memorandum "Extension of Benefits to Same-Sex Domestic Partners of Federal Employees," at http://www.whitehouse.gov/the-press-office/presidential-memorandum-extension-benefits-same-sex-domestic-partners-federal-emplo. Agencies have reviewed and are continuing to review their programs and proposing or implementing changes to their programs in response to the President’s memorandum, and a number of benefits are now available to same-sex domestic partners of Federal employees that previously were not as described below, under specific benefits.   What is the definition of a domestic partner?   Answer For purposes of ensuring consistent implementation of the President’s memorandum, a “domestic partner” is defined in OPM regulations (e.g. 5 C.F.R. § 875.213) as a person in a domestic partnership with an employee or annuitant of the same sex.  The term “domestic partnership” is defined as a committed relationship between two adults, of the same sex, in which the partners—   (1) are each other’s sole domestic partner and intend to remain so indefinitely;   (2) maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle);   (3) are at least 18 years of age and mentally competent to consent to contract;   (4) share responsibility for a significant measure of each other’s financial obligations;   (5) are not married or joined in a civil union to anyone else   (6) are not the domestic partner of anyone else;   (7) are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction in which the partnership was formed;   (8) are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification, as well as constitute a criminal violation under 18 U.S.C. § 1001, and that the method for securing such certification, if required, shall be determined by the agency; and   (9) are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership.   Do I need to provide documentation to establish that I am in a domestic partnership?   Answer 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.   With respect to certain benefits, however, documentation is required by regulation.  For example, 5 CFR § 875.213 states that, for the purpose of the Federal Long Term Care Insurance Program, and as prescribed by OPM, domestic partners “will be required to provide documentation to demonstrate that you meet these requirements.”   Does the fact that I am legally married in a state that recognizes same-sex marriage affect the determination of whether I am in a domestic partnership?   Answer No.  The existence of a domestic partnership does not depend upon marital status.  It is determined solely on the basis of the criteria set forth above, in A. 4.

Yes.  OPM is in the process of amending 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 proposed rule at 76 Federal Register 45208-45211, July 28, 2011 (at http://www.gpo.gov/fdsys/pkg/FR-2011-07-28/pdf/2011-18976.pdf). FURTHER INFORMATION:   The Same-Sex Domestic Partner FAQs were developed to answer questions about the benefits available to the same-sex domestic partners or spouses of Federal employees, under title 5, United States Code.  Please note that information regarding eligibility for benefits can change quickly, and you should consult the web pages of the individual benefits programs for the most current information (see list of links in FAQ 24).  In addition, please note that these FAQs do not address benefits available to same-sex domestic partners outside of Title 5, such as travel and relocation benefits, which are administered by the General Services Administration.  (See http://www.gsa.gov/graphics/ogp/FTRBulletin1107.pdf.)   Can Federal employees obtain spousal benefits provided by Title 5 for their same sex spouses if they are legally married under state law?   Answer No.  At this time, the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C, defines the term “marriage” as found in Federal benefits statutes to mean “a legal union between one man and one woman as husband and wife” and the term “spouse” to mean “a person of the opposite sex who is a husband or a wife.”  For those benefits of federal employment that are limited to spouses, DOMA thus prohibits coverage of same-sex domestic partners, even if legally married under state law.  President Obama and the Attorney General have announced that the current Administration will no longer defend DOMA in court because of the Administration’s view that DOMA is unconstitutional.  Nonetheless, until Congress repeals DOMA or there is a final judicial ruling that strikes it down, the Administration continues to enforce DOMA because it is the law.  See http://www.justice.gov/opa/pr/2011/February/11-ag-222.html.   Can Federal employees obtain benefits for their same-sex domestic partners and the children of their same-sex domestic partners?   Answer Yes, with respect to many benefits.  President Obama issued a memorandum on June 2, 2010, requesting all Federal agencies to consider extending benefits currently available to employees’ opposite-sex spouses to employees’ same-sex domestic partners, as long as such coverage could be extended consistent with law.  See the Presidential Memorandum "Extension of Benefits to Same-Sex Domestic Partners of Federal Employees," at http://www.whitehouse.gov/the-press-office/presidential-memorandum-extension-benefits-same-sex-domestic-partners-federal-emplo. Agencies have reviewed and are continuing to review their programs and proposing or implementing changes to their programs in response to the President’s memorandum, and a number of benefits are now available to same-sex domestic partners of Federal employees that previously were not as described below, under specific benefits.   What is the definition of a domestic partner?   Answer For purposes of ensuring consistent implementation of the President’s memorandum, a “domestic partner” is defined in OPM regulations (e.g. 5 C.F.R. § 875.213) as a person in a domestic partnership with an employee or annuitant of the same sex.  The term “domestic partnership” is defined as a committed relationship between two adults, of the same sex, in which the partners—   (1) are each other’s sole domestic partner and intend to remain so indefinitely;   (2) maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle);   (3) are at least 18 years of age and mentally competent to consent to contract;   (4) share responsibility for a significant measure of each other’s financial obligations;   (5) are not married or joined in a civil union to anyone else   (6) are not the domestic partner of anyone else;   (7) are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction in which the partnership was formed;   (8) are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification, as well as constitute a criminal violation under 18 U.S.C. § 1001, and that the method for securing such certification, if required, shall be determined by the agency; and   (9) are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership.   Do I need to provide documentation to establish that I am in a domestic partnership?   Answer 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.   With respect to certain benefits, however, documentation is required by regulation.  For example, 5 CFR § 875.213 states that, for the purpose of the Federal Long Term Care Insurance Program, and as prescribed by OPM, domestic partners “will be required to provide documentation to demonstrate that you meet these requirements.”   Does the fact that I am legally married in a state that recognizes same-sex marriage affect the determination of whether I am in a domestic partnership?   Answer No.  The existence of a domestic partnership does not depend upon marital status.  It is determined solely on the basis of the criteria set forth above, in A. 4.

Yes. Such benefits should currently be available. In addition, OPM has proposed amendments its regulations to confirm that an employee's same-sex domestic partner may obtain assistance under agency EAPs. See the proposed rule at 76 Federal Register 45208-45211, July 28, 2011 (at http://www.gpo.gov/fdsys/pkg/FR-2011-07-28/pdf/2011-18976.pdf). FURTHER INFORMATION: The Same-Sex Domestic Partner FAQs were developed to answer questions about the benefits available to the same-sex domestic partners or spouses of Federal employees, under title 5, United States Code.  Please note that information regarding eligibility for benefits can change quickly, and you should consult the web pages of the individual benefits programs for the most current information (see list of links in FAQ 24).  In addition, please note that these FAQs do not address benefits available to same-sex domestic partners outside of Title 5, such as travel and relocation benefits, which are administered by the General Services Administration.  (See http://www.gsa.gov/graphics/ogp/FTRBulletin1107.pdf.)   Can Federal employees obtain spousal benefits provided by Title 5 for their same sex spouses if they are legally married under state law?   Answer No.  At this time, the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C, defines the term “marriage” as found in Federal benefits statutes to mean “a legal union between one man and one woman as husband and wife” and the term “spouse” to mean “a person of the opposite sex who is a husband or a wife.”  For those benefits of federal employment that are limited to spouses, DOMA thus prohibits coverage of same-sex domestic partners, even if legally married under state law.  President Obama and the Attorney General have announced that the current Administration will no longer defend DOMA in court because of the Administration’s view that DOMA is unconstitutional.  Nonetheless, until Congress repeals DOMA or there is a final judicial ruling that strikes it down, the Administration continues to enforce DOMA because it is the law.  See http://www.justice.gov/opa/pr/2011/February/11-ag-222.html.   Can Federal employees obtain benefits for their same-sex domestic partners and the children of their same-sex domestic partners?   Answer Yes, with respect to many benefits.  President Obama issued a memorandum on June 2, 2010, requesting all Federal agencies to consider extending benefits currently available to employees’ opposite-sex spouses to employees’ same-sex domestic partners, as long as such coverage could be extended consistent with law.  See the Presidential Memorandum "Extension of Benefits to Same-Sex Domestic Partners of Federal Employees," at http://www.whitehouse.gov/the-press-office/presidential-memorandum-extension-benefits-same-sex-domestic-partners-federal-emplo. Agencies have reviewed and are continuing to review their programs and proposing or implementing changes to their programs in response to the President’s memorandum, and a number of benefits are now available to same-sex domestic partners of Federal employees that previously were not as described below, under specific benefits.   What is the definition of a domestic partner?   Answer For purposes of ensuring consistent implementation of the President’s memorandum, a “domestic partner” is defined in OPM regulations (e.g. 5 C.F.R. § 875.213) as a person in a domestic partnership with an employee or annuitant of the same sex.  The term “domestic partnership” is defined as a committed relationship between two adults, of the same sex, in which the partners—   (1) are each other’s sole domestic partner and intend to remain so indefinitely;   (2) maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle);   (3) are at least 18 years of age and mentally competent to consent to contract;   (4) share responsibility for a significant measure of each other’s financial obligations;   (5) are not married or joined in a civil union to anyone else   (6) are not the domestic partner of anyone else;   (7) are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction in which the partnership was formed;   (8) are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification, as well as constitute a criminal violation under 18 U.S.C. § 1001, and that the method for securing such certification, if required, shall be determined by the agency; and   (9) are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership.   Do I need to provide documentation to establish that I am in a domestic partnership?   Answer 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.   With respect to certain benefits, however, documentation is required by regulation.  For example, 5 CFR § 875.213 states that, for the purpose of the Federal Long Term Care Insurance Program, and as prescribed by OPM, domestic partners “will be required to provide documentation to demonstrate that you meet these requirements.”   Does the fact that I am legally married in a state that recognizes same-sex marriage affect the determination of whether I am in a domestic partnership?   Answer No.  The existence of a domestic partnership does not depend upon marital status.  It is determined solely on the basis of the criteria set forth above, in A. 4.

OPM has established websites containing helpful information about each program.  Here are the links:  

• Federal Employees Health Benefits Program (FEHB):  http://www.opm.gov/insure/health/index.asp

 

• Federal Employee Dental and Vision Insurance Program (FEDVIP):  http://www.opm.gov/insure/dental/index.asp, http://www.opm.gov/insure/vision/index.asp

 

• Federal Long Term Care Insurance Program (FLTCIP):  http://www.opm.gov/insure/ltc/index.asp

 

• Federal Employees’ Group Life Insurance (FEGLI) Program:   http://www.opm.gov/insure/life/index.asp  

         ·     Federal Leave Policy:  http://www.opm.gov/oca/leave/  

• Federal Retirement and Survivor Benefits:  http://www.opm.gov/retire/index.aspx

 

• Federal Childcare Subsidy Program: http://www.opm.gov/employment_and_benefits/worklife/

 

• Employee Assistance Programs: http://www.opm.gov/employment_and_benefits/worklife/

 

• Federal Flexible Spending Account Program (FSAFEDS): www.fsafeds.com

 (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.)

OPM has proposed amendments to regulations found at 5 C.F.R. §§ 591.401-406 to make it clear that same-sex domestic partners/spouses and the children of same-sex domestic partners/spouses are considered dependents for the purposes of the Johnston Island separate maintenance allowance.  See Proposed Federal Register Rule, Change in Definitions; Evacuation Pay and the Separate Maintenance Allowance at Johnston Island, July 27, 2011 (http://www.federalregister.gov/articles/2011/07/28/2011-18975/change-in-definitions-evacuation-pay-and-the-separate-maintenance-allowance-at-johnston-island#p-22). These benefits will be available once final regulations are published. FURTHER INFORMATION: The Same-Sex Domestic Partner FAQs were developed to answer questions about the benefits available to the same-sex domestic partners or spouses of Federal employees, under title 5, United States Code.  Please note that information regarding eligibility for benefits can change quickly, and you should consult the web pages of the individual benefits programs for the most current information (see list of links in FAQ 24).  In addition, please note that these FAQs do not address benefits available to same-sex domestic partners outside of Title 5, such as travel and relocation benefits, which are administered by the General Services Administration.  (See http://www.gsa.gov/graphics/ogp/FTRBulletin1107.pdf.)   Can Federal employees obtain spousal benefits provided by Title 5 for their same sex spouses if they are legally married under state law?   Answer No.  At this time, the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C, defines the term “marriage” as found in Federal benefits statutes to mean “a legal union between one man and one woman as husband and wife” and the term “spouse” to mean “a person of the opposite sex who is a husband or a wife.”  For those benefits of federal employment that are limited to spouses, DOMA thus prohibits coverage of same-sex domestic partners, even if legally married under state law.  President Obama and the Attorney General have announced that the current Administration will no longer defend DOMA in court because of the Administration’s view that DOMA is unconstitutional.  Nonetheless, until Congress repeals DOMA or there is a final judicial ruling that strikes it down, the Administration continues to enforce DOMA because it is the law.  See http://www.justice.gov/opa/pr/2011/February/11-ag-222.html.   Can Federal employees obtain benefits for their same-sex domestic partners and the children of their same-sex domestic partners?   Answer Yes, with respect to many benefits.  President Obama issued a memorandum on June 2, 2010, requesting all Federal agencies to consider extending benefits currently available to employees’ opposite-sex spouses to employees’ same-sex domestic partners, as long as such coverage could be extended consistent with law.  See the Presidential Memorandum "Extension of Benefits to Same-Sex Domestic Partners of Federal Employees," at http://www.whitehouse.gov/the-press-office/presidential-memorandum-extension-benefits-same-sex-domestic-partners-federal-emplo. Agencies have reviewed and are continuing to review their programs and proposing or implementing changes to their programs in response to the President’s memorandum, and a number of benefits are now available to same-sex domestic partners of Federal employees that previously were not as described below, under specific benefits.   What is the definition of a domestic partner?   Answer For purposes of ensuring consistent implementation of the President’s memorandum, a “domestic partner” is defined in OPM regulations (e.g. 5 C.F.R. § 875.213) as a person in a domestic partnership with an employee or annuitant of the same sex.  The term “domestic partnership” is defined as a committed relationship between two adults, of the same sex, in which the partners—   (1) are each other’s sole domestic partner and intend to remain so indefinitely;   (2) maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle);   (3) are at least 18 years of age and mentally competent to consent to contract;   (4) share responsibility for a significant measure of each other’s financial obligations;   (5) are not married or joined in a civil union to anyone else   (6) are not the domestic partner of anyone else;   (7) are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction in which the partnership was formed;   (8) are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification, as well as constitute a criminal violation under 18 U.S.C. § 1001, and that the method for securing such certification, if required, shall be determined by the agency; and   (9) are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership.   Do I need to provide documentation to establish that I am in a domestic partnership?   Answer 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.   With respect to certain benefits, however, documentation is required by regulation.  For example, 5 CFR § 875.213 states that, for the purpose of the Federal Long Term Care Insurance Program, and as prescribed by OPM, domestic partners “will be required to provide documentation to demonstrate that you meet these requirements.”   Does the fact that I am legally married in a state that recognizes same-sex marriage affect the determination of whether I am in a domestic partnership?   Answer No.  The existence of a domestic partnership does not depend upon marital status.  It is determined solely on the basis of the criteria set forth above, in A. 4.

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=5:1.0.1.2.39.6.12.8&idno=5. FURTHER INFORMATION: The Same-Sex Domestic Partner FAQs were developed to answer questions about the benefits available to the same-sex domestic partners or spouses of Federal employees, under title 5, United States Code.  Please note that information regarding eligibility for benefits can change quickly, and you should consult the web pages of the individual benefits programs for the most current information (see list of links in FAQ 24).  In addition, please note that these FAQs do not address benefits available to same-sex domestic partners outside of Title 5, such as travel and relocation benefits, which are administered by the General Services Administration.  (See http://www.gsa.gov/graphics/ogp/FTRBulletin1107.pdf.)   Can Federal employees obtain spousal benefits provided by Title 5 for their same sex spouses if they are legally married under state law?   Answer No.  At this time, the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C, defines the term “marriage” as found in Federal benefits statutes to mean “a legal union between one man and one woman as husband and wife” and the term “spouse” to mean “a person of the opposite sex who is a husband or a wife.”  For those benefits of federal employment that are limited to spouses, DOMA thus prohibits coverage of same-sex domestic partners, even if legally married under state law.  President Obama and the Attorney General have announced that the current Administration will no longer defend DOMA in court because of the Administration’s view that DOMA is unconstitutional.  Nonetheless, until Congress repeals DOMA or there is a final judicial ruling that strikes it down, the Administration continues to enforce DOMA because it is the law.  See http://www.justice.gov/opa/pr/2011/February/11-ag-222.html.   Can Federal employees obtain benefits for their same-sex domestic partners and the children of their same-sex domestic partners?   Answer Yes, with respect to many benefits.  President Obama issued a memorandum on June 2, 2010, requesting all Federal agencies to consider extending benefits currently available to employees’ opposite-sex spouses to employees’ same-sex domestic partners, as long as such coverage could be extended consistent with law.  See the Presidential Memorandum "Extension of Benefits to Same-Sex Domestic Partners of Federal Employees," at http://www.whitehouse.gov/the-press-office/presidential-memorandum-extension-benefits-same-sex-domestic-partners-federal-emplo. Agencies have reviewed and are continuing to review their programs and proposing or implementing changes to their programs in response to the President’s memorandum, and a number of benefits are now available to same-sex domestic partners of Federal employees that previously were not as described below, under specific benefits.   What is the definition of a domestic partner?   Answer For purposes of ensuring consistent implementation of the President’s memorandum, a “domestic partner” is defined in OPM regulations (e.g. 5 C.F.R. § 875.213) as a person in a domestic partnership with an employee or annuitant of the same sex.  The term “domestic partnership” is defined as a committed relationship between two adults, of the same sex, in which the partners—   (1) are each other’s sole domestic partner and intend to remain so indefinitely;   (2) maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle);   (3) are at least 18 years of age and mentally competent to consent to contract;   (4) share responsibility for a significant measure of each other’s financial obligations;   (5) are not married or joined in a civil union to anyone else   (6) are not the domestic partner of anyone else;   (7) are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction in which the partnership was formed;   (8) are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification, as well as constitute a criminal violation under 18 U.S.C. § 1001, and that the method for securing such certification, if required, shall be determined by the agency; and   (9) are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership.   Do I need to provide documentation to establish that I am in a domestic partnership?   Answer 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.   With respect to certain benefits, however, documentation is required by regulation.  For example, 5 CFR § 875.213 states that, for the purpose of the Federal Long Term Care Insurance Program, and as prescribed by OPM, domestic partners “will be required to provide documentation to demonstrate that you meet these requirements.”   Does the fact that I am legally married in a state that recognizes same-sex marriage affect the determination of whether I am in a domestic partnership?   Answer No.  The existence of a domestic partnership does not depend upon marital status.  It is determined solely on the basis of the criteria set forth above, in A. 4.