Categories: Fedweek

Confusion Continues on Health Eligibility

There seems to be some continued confusion regarding the impact of the Supreme Court’s decision in the Defense of Marriage Act case and recent rules from OPM regarding eligibility for family coverage under FEHB and FEDVIP. That decision did not extend eligibility for unmarried domestic partners or those in civil unions or other status not legally recognized as a marriage. They remain ineligible for coverage under the insurance programs and for retirement survivor benefits. The OPM rules however allow the child of a domestic partner to be covered—although only if the enrollee lives in a state that does not recognize same-sex marriage and certifies that the couple would marry if allowed to by their state. Some more minor benefits were extended previously to domestic partners who meet certain standards, and those policies continue unchanged. Those benefits include eligibility as family members for certain relocation payments, child care subsidies, certain agency-provided counseling or other services. Employees also may use their sick leave or leave donated under leave-sharing programs for certain family-related purposes for domestic partners, whether same-sex or opposite-sex, who meet certain less stringent standards, as well as for their partners’ children.

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