Die, Doma!

[Veldrina]

Got this in mail today at work....wooot!!!!!!

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 Office of Personnel Management (OPM) has now extended benefits to employees and annuitants who have legally married a spouse of the same sex.

The attached memo from OPM explains the election options of the benefits that have been extended to same sex marriages as a result of the Supreme Court’s ruling. Additional guidance regarding the benefits covered in the memo and other benefits will be forthcoming soon.

General Guidance from OPM:

1. June 26, 2013 is considered the date of the Qualifying Life Event (QLE).
2. All valid marriages will be recognized and coverage under Federal Employee Benefits will be based on the legal marriage, regardless of where the employee resides.
   1. i.e. If an employee was legally married in Minnesota and lives in a state that does not recognize same-sex marriage, then they are entitled to Federal Employee Benefits for their spouse and/or children
3. Marriage is the only term that is used in the eligibility requirements for Federal Employee Benefits.
4. HR offices are to follow the procedures already in place for enrolling in or changing benefit elections. Please ensure that you are following the same procedures for both opposite sex and same sex married couples.
5. i.e. If you currently require marriage certificates in order to change from Self to Self and Family, then the same process should be followed for new enrollments based on the extension of federal benefits to same sex married couples.
6. OPM is developing a Benefits Administration Letter with additional guidance that will be available soon.

FEHB:

• When changing from Self to Self and Family due to the addition of a spouse, the effective date is the first day of the first pay period after the election is submitted to Human Resources
• When changing from Self to Self and Family that includes a child, the effective date of the increase in coverage can be the first day of the first pay period that encompasses June 26, however, the FEHB effective date for Self and Family will be June 26, 2013.
  • This should be treated the same as if a child is born and an employee is changing from Self to Self and Family based on the QLE of the birth.
  • Retroactive premiums may apply

• FEDVIP:

  • This is not a QLE for employees who are not currently enrolled in FEDVIP. Employees who are not currently enrolled in FEDVIP will have to wait until Open Season to enroll.
  • Current FEDVIP enrollees can increase coverage in order to cover their spouse and/or children
  • Please contact BENEFEDS directly to report newly eligible family members.
  • The effective date of the coverage is the first day of the first pay period after the request is received by BENEFEDS.

  FEGLI:

  • This is a QLE that will provide the employee the opportunity to:
    • If not enrolled, enroll in Basic and Optional Insurances
    • If already enrolled:
      • Increase Option C insurance
      • Automatically cover eligible dependents under Option C enrollment

  FLTCIP:

  • Spouses will have 60 days to apply for the FLTCIP with the abbreviated underwriting
  • FLTCIP is still allowing same-sex domestic partners to be covered under the program.

  FSAFEDS:

  • An employee can either (1) enroll or (2) increase FSA amount based on the June 26, 2013 QLE.
  • If employees are already enrolled, they can immediately begin submitting eligible family member claims for reimbursement.
  • The effective date for new enrollees is the first day of the first pay period after the election is received.

[john999]

It is a good thing a high time these benefits were extended. Florida where I live does not accept Gay Marriage. How would that affect someone who is gay and legally married in another state regarding VA benefits?

[carlie]

It is a good thing a high time these benefits were extended. Florida where I live does not accept Gay Marriage. How would that affect someone who is gay and legally married in another state regarding VA benefits?

John,

If a same sex couple is legally married in a state, say Washington state

and they apply for say - VA dependent allowance - then it is supposed to be

awarded -

BUT if they were to move to Florida - where the same sex marriage is not

recognized as a legal marriage - then the dependent allowance would not be awarded.

This is my understanding.

[Berta]

Yeah....I see it that way too Carlie.

I feel this was a Victory for equity as well as common sense and that VA will comply in their regard when they should. The Mil has already said it will.

In part:

“The Pentagon announced today that it will extend some benefits to same-sex military couples, to the extent possible under the Defense of Marriage Act (DOMA) restrictions that forbid the federal government from recognizing legally-performed gay marriage.

Per a memo from the Secretary of Defense, the new benefits, which will be provided to the non-military same-sex “domestic partner” of military employees, include.... “:

http://americablog.com/2013/02/dod-extends-spousal-y-benefits-to-gays-secdef-calls-for-doma-repeal.html

Mohatma Gandhi , living in an India that still held a caste system in his days , always said that if one segment of a population is not free and is discriminated against, the entire population is not free.

I feel he meant that discrimination and biases can sure trap us and lock us in.

It will be interesting and historic to see how the VA will handle this DOMA ruling.

[jlrith]

john999, on 02 Jul 2013 - 06:39 AM, said:

It is a good thing a high time these benefits were extended. Florida where I live does not accept Gay Marriage. How would that affect someone who is gay and legally married in another state regarding VA benefits?

John,

If a same sex couple is legally married in a state, say Washington state

and they apply for say - VA dependent allowance - then it is supposed to be

awarded -

BUT if they were to move to Florida - where the same sex marriage is not

recognized as a legal marriage - then the dependent allowance would not be awarded.

This is my understanding.

Carlie, you are incorrect:

From Veldrina's post:

2. All valid marriages will be recognized and coverage under Federal Employee Benefits will be based on the legal marriage, regardless of where the employee resides.

1. i.e. If an employee was legally married in Minnesota and lives in a state that does not recognize same-sex marriage, then they are entitled to Federal Employee Benefits for their spouse and/or children

[JR Reihs]

Carlie, you are incorrect:

From Veldrina's post:

2. All valid marriages will be recognized and coverage under Federal Employee Benefits will be based on the legal marriage, regardless of where the employee resides.

1. i.e. If an employee was legally married in Minnesota and lives in a state that does not recognize same-sex marriage, then they are entitled to Federal Employee Benefits for their spouse and/or children

This is how I understood SCOTUS also.........This only apply's to any and all Federal benefits.

[carlie]

Carlie, you are incorrect:

From Veldrina's post:

2. All valid marriages will be recognized and coverage under Federal Employee Benefits will be based on the legal marriage, regardless of where the employee resides.

1. i.e. If an employee was legally married in Minnesota and lives in a state that does not recognize same-sex marriage, then they are entitled to Federal Employee Benefits for their spouse and/or children

I'm talking veterans benefits - NOT Federal Employee Benefits.