As you already know, on June 26, 2013, the Supreme Court ruled
that Section 3 of the Defense of Marriage Act (DOMA) is
unconstitutional. As a result of this decision, the United
States Office of Personnel Management (OPM) will now be able to
extend benefits to Federal employees and annuitants who have legally
married a spouse of the same sex.
There are numerous benefits that are affected by the Supreme
Court’s decision, and it is impossible to answer today every
question that you may have. Nevertheless, I want to assure you
that the U.S. Office of Personnel Management is committed to working
with the Department of Justice to ensure swift and seamless
implementation of the Court’s ruling.
OPM will be issuing additional information covering a broader
range of issues, but at this time, OPM can offer the following
guidance regarding specific employee benefits that may be of
particular interest:
Health Insurance (FEHB): All legally married
same-sex spouses will now be eligible family members under a Self
and Family enrollment. In addition, the children of same-sex
marriages will be treated just as those of opposite-sex marriages
and will be eligible family members according to the same
eligibility guidelines. This includes coverage for children of
same-sex spouses as stepchildren. Employees and annuitants
will have 60 days from June 26, 2013 until August 26, 2013, to make
immediate changes to their FEHB enrollment. Enrollees will
continue to be eligible to make changes to their coverage options
during Open Season later this year. For those employees and
annuitants who already have a Self and Family insurance plan,
coverage for their same-sex spouse will begin immediately upon their
notifying their FEHB carrier that there is a newly eligible family
member. For those employees and annuitants electing Self and
Family for the first time, benefits will be effective on the first
day of the first pay period after the enrollment request is
received. While online enrollment systems are updated, it may
be necessary for employees and annuitants to update their elections
using the paper (rather than electronic) version of the SF2809
form.
Life Insurance (FEGLI): All legally married same-sex
spouses and children of legal same-sex marriages are now eligible
family members under the FEGLI Program, which means that employees
may add coverage for a same-sex spouse and any newly eligible
children under Option C. Employees will have 60 days from June
26, 2013 until August 26, 2013, to make changes to their FEGLI
enrollment.
Dental and Vision Insurance (FEDVIP): As with FEHB,
all legally married same-sex spouses will now be eligible family
members under a Self and Family enrollment or a Self Plus One
enrollment. Current FEDVIP enrollees may now call BENEFEDS
(877-888-FEDS (3337)) directly to make the necessary enrollment
changes. Employees will have 60 days from June 26, 2013
until August 26, 2013, to make changes to their FEDVIP
enrollment. Current enrollees will also be able to make
changes to their coverage options during Open Season later this
year, and individuals wishing to enroll in FEDVIP for the first time
may also do so at that time.
Long-Term Care Insurance (FLTCIP): All legally
married same-sex spouses can now apply for long-term care insurance
under FLTCIP. Same-sex spouses of employees will have 60 days
from June 26, 2013, to apply for FLTCIP coverage with abbreviated
underwriting.
Retirement: All retirees who are in legal same-sex
marriages will have two years from the date of the Supreme Court’s
decision (i.e., June 26, 2015) to inform OPM that they have a legal
marriage that now qualifies for recognition and elect any changes to
their retirement benefits based on their recognized marital
status. In the coming days, OPM will be developing guidance to
help retirees determine whether they wish to change their pension
benefits in a way that will provide benefits for their surviving
spouse. Retirees will need to determine whether this option
makes sense for them, as making this election will likely result in
a deduction to the monthly annuity that the retiree currently
receives. Going forward, the same-sex spouses of retiring
employees will be eligible for survivor annuities.
Flexible Spending Accounts (FSA): All employees who
are in legal same-sex marriages will now be able to submit claims
for medical expenses for their same-sex spouse and any newly
qualifying (step)children to their flexible spending program.
Additional guidance regarding these and other benefits will be
coming soon. In the meantime, questions regarding the effect
of the Supreme Court’s DOMA decision on Federal employee and
annuitant benefits should be directed to OPM through your agency
Chief Human Capital Officer.
We appreciate your cooperation in our effort to implement the
Supreme Court’s decision, and provide greater equality to Federal
employees and annuitants regardless of their sexual
orientation.
cc: Chief Human Capital
Officers