For purposes of the special benefits enrollment period, there are some distinctions between active and retired employees, which reflect general benefits policies. For example, while active employees with a same-sex spouse may newly enroll in FEHB if they are not enrolled already, retirees may not, since retirees in general may not enroll in FEHB if they are not already covered. And retirees may not elect or increase FEGLI coverage. Also, retirees are ineligible for flexible spending accounts, and the opportunity of same-sex spouses to enroll in FLTCIP using only abbreviated underwriting period does not apply to spouses of retirees. Meanwhile, SSA has said it is starting to process some claims under its programs, which cover the large majority of current federal employees although the minority of current retirees. However, the agency is continuing to examine the implications of the court ruling and has not set final policies.
