Children of same-sex domestic partners who meet certain standards and are living in a state that does not recognize same-sex marriage will be eligible starting in January for family coverage under the FEHB and FEDVIP programs, under final rules published by OPM today. OPM originally had proposed eligibility for children of a domestic partnership meeting certain qualifications nationwide, but revised the rules for the final version in light of the June Supreme Court decision in the Defense of Marriage Act case, which allows payment of federal benefits for legally married same-sex couples. However, the rule change does not extend eligibility to same-sex domestic partners themselves, nor to opposite-sex domestic partners or their children. The rules further cover situations such as moving between states that do or don’t recognize same-sex marriage, and also clarify that a stepchild remains eligible after divorce from the spouse, termination of the domestic partnership, or the death of the spouse or domestic partner if the child continues to live with the enrollee in a regular-parent child relationship.
