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Extension of Benefits to DoD Civilian Employees Same-Sex Domestic Partners Workshop September 8, 2011. Defense Civilian Personnel Advisory Services. Commitment to Equality. 1. Historical Background. Presidential Memorandums Directing Executive Agency Action - PowerPoint PPT Presentation

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Title of Brief Date of Brief

Extension of Benefits to DoD Civilian Employees Same-Sex Domestic PartnersWorkshop

September 8, 2011

Defense Civilian Personnel Advisory Services1Commitment to Equality11Presidential Directive to Take ActionHistorical Background Presidential Memorandums Directing Executive Agency ActionJune 17, 2009 - required agencies to determine those benefits that could be extended to same-sex domestic partners (SSDPs) by policy or regulationJune 2, 2010 agencies required to take immediate action, consistent with existing law, to extend equivalent level benefits to SSDPsOffice of Personnel ManagementJuly 10, 2009 tasked agencies to conduct agency wide review of workplace flexibilities and policies to determine benefits that could be extendedSeptember 30, 2009 DoD responded to OPM reporting benefits to be extendedJune 2, 2010 Tasked agencies to ensure consistent and appropriate implementation of the Presidents June 2 memo Provided a definition of Domestic PartnerListed benefits identified by agencies that could be extended

2Some Benefits Have Been Extended Actions Since 2009 to Extend BenefitsGeneral Services Agency GSA interim regulations amended the Federal Travel Regulation to add terms and definitions for Domestic Partners effective (March 3, 2011)Department of DefenseRevision to the Joint Travel Regulation enabled payment of certain allowances and expenses to civilian employees same-sex domestic partners, as well as their children and other immediate family members named in the employees household (March 3, 2011)DoD Dependent Schools Teacher Transfer Program consideration for joint assignments in foreign areas (effective school year 2009/2010)Office of Personnel Management (OPM)The Office of Personnel Management, by regulation, extended benefits to SSDPs for:Leave without pay flexibilities (June 2, 2010)Federal Long Term Care Insurance (July 1, 2010)Family-friendly leave (July 14, 2010)

3NAF Benefits Extended Through Policy Nonappropriated Fund (NAF) BenefitsMost NAF Benefits and Allowances under SecDef Discretionary Authority Presidential Memo tasked non-title 5 entities, such as NAF, to take actionMoving forward on revising NAF benefit policies not rooted in statute

Revision to DoDI 1400.25, Vol 1401, Contains Overarching Authority to Extend Benefits to NAF Employees SSDPs First NAF Policy Out the GatePackage now with USD(P&R) for signaturePublication expected in time to allow NAF employees to enroll SSDPs in DoD-wide NAF Health Benefits Program during 2011 Fall Open Enrollment for 2012 coverageAssociated tax implications being worked benefits for SSDPs are taxableGeneric SSDP documentation vetted with Components NAF benefits POCs Further Revisions to DoDI Consistent with Vol 1401 Authority (see Status Chart)NAF insurance and retirement (Vol 1408)Overseas allowances & differentials and family member preference (Vol 1412)Leave and attendance (Vol 1406)Employment (Vol 1403)Implementing Adjustments to Component Benefits Policies/Programs to Follow

4DCPAS HR Benefits Panel DiscussionJim Davey, Compensation Team Leave Programs Relocation Travel Transportation ExpensesOverseas Allowances and Differentials

Jeanne Scharch, Staffing and Civilian Transition ProgramsEmployment (Priority Placement ProgramEmployment of Family Members in Foreign AreasEligibility for Noncompetitive Appointment

Taiwanna Smith, Benefits Programs Long Term Care InsuranceInsurable Interest Designation (CSRS and FERS)

Mike Mulloy, Non Appropriated Fund ProgramsWilliam Hunt, Non Appropriated Fund Programs

5Non-HR Benefits Panel DiscussionJeff Register, Operations and Policy Support, Defense Human Resource Activity (DHRA)DoD ID Cards

, Resources and Oversight Division, Military Community and Family Policy (MC&FP)Child Development Programs

Karen Smitsky, Military Community and Family Policy (MC&FP)Resale Activities Access

Mark Ellis, TRICARE Management Activity (TMA)Medical Treatment Facility Access

6DOMA Defines SpouseChallenge for Statutory Benefits Key Statutory Benefits that may not be Extended due to the Defense of Marriage Act (DOMA)Federal Employees Health Benefits ProgramSurvivor annuity benefitsAllowances when family members are defined as a spouse in enabling statuteLegislation Proposed in 2009 to add a New Category of Family Member, to include SSDPs in Federal Benefits did not Advance

Legislation to Repeal DOMA has not Progressed

OPM Anticipates that DOMA will be Fought and Overturned in Courts

7Ongoing Efforts to Resolve Challenges Documentation of RelationshipOPM allowing agency discretion and does not anticipate establishing a consistent requirement or standard form for documentationDocumentation cannot be required for SSDP relationship when requirements are not in place for marriages and births consistency is paramountA DoD form is under development, but not yet availableMarketing and TrainingDevelop and communicate information to the Components as benefits are extendedEnsure consistent application of extension of benefits across DoDStatus of Forces Agreements (SOFA)Established by Department of StateSome countries laws may prohibit entrance of SSDP as a member of householdCPP currently reviewing all SOFAs to determine those countries that may pose challenges to consistent extension of benefits from one country to another

8Ongoing Efforts to Resolve Challenges Tax Implications SSDPs and spouses are treated differently under federal and most states tax lawsEmployers must provide information on the taxable value of the benefit provided to an SSDPHave all Benefits, and Support Programs, Possible for Extension to SSDPs of Civilian Employees been Identified?

Military Family Support PoliciesAre there family support policies that extend to civilian employees that should now include support to SSDPs of civilian employees?Is there a link between repeal of Dont Ask Dont Tell and extension of benefits and inclusion of SSDPs of civilian employees as members of the DoD family?

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