Extension of Benefits to DoD Civilian Employees’

Same-Sex Domestic PartnersWorkshop

September 8, 2011

Defense Civilian Personnel Advisory Services

1Commitment to Equality 1

Presidential Directive to Take Action

Historical Background Presidential Memorandums Directing Executive Agency Action

• June 17, 2009 - required agencies to determine those benefits that could be extended to same-sex domestic partners (SSDPs) by policy or regulation

• June 2, 2010 – agencies required to take immediate action, consistent with existing law, to extend equivalent level benefits to SSDPs

Office of Personnel Management• July 10, 2009 – tasked agencies to conduct agency wide review of workplace

flexibilities and policies to determine benefits that could be extended

• September 30, 2009 – DoD responded to OPM reporting benefits to be extended

• June 2, 2010

• Tasked agencies to ensure consistent and appropriate implementation of the President’s June 2 memo

• Provided a definition of “Domestic Partner”

• Listed benefits identified by agencies that could be extended

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Some Benefits Have Been Extended

Actions Since 2009 to Extend Benefits General Services Agency

• GSA interim regulations amended the Federal Travel Regulation to add terms and definitions for Domestic Partners effective (March 3, 2011)

Department of Defense• Revision 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 employee’s 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)

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NAF Benefits Extended Through Policy

Nonappropriated Fund (NAF) Benefits Most NAF Benefits and Allowances under SecDef Discretionary Authority

• Presidential Memo tasked non-title 5 entities, such as NAF, to take action• Moving 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 Gate• Package now with USD(P&R) for signature• Publication expected in time to allow NAF employees to enroll SSDPs in DoD-wide NAF

Health Benefits Program during 2011 Fall Open Enrollment for 2012 coverage• Associated tax implications being worked – benefits for SSDPs are taxable• Generic 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

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DCPAS HR Benefits Panel Discussion Jim Davey, Compensation Team

• Leave Programs • Relocation Travel Transportation Expenses• Overseas Allowances and Differentials

Jeanne Scharch, Staffing and Civilian Transition Programs• Employment (Priority Placement Program• Employment of Family Members in Foreign Areas• Eligibility for Noncompetitive Appointment

Taiwanna Smith, Benefits Programs • Long Term Care Insurance• Insurable Interest Designation (CSRS and FERS)

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

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Non-HR Benefits Panel Discussion Jeff 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

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DOMA Defines “Spouse”

Challenge for Statutory Benefits Key Statutory Benefits that may not be Extended due to the Defense of

Marriage Act (DOMA)• Federal Employees Health Benefits Program

• Survivor annuity benefits

• Allowances when family members are defined as a “spouse” in enabling statute

Legislation 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

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Ongoing Efforts to Resolve

Challenges Documentation of Relationship

• OPM allowing agency discretion and does not anticipate establishing a consistent requirement or standard form for documentation

• Documentation cannot be required for SSDP relationship when requirements are not in place for marriages and births – consistency is paramount

• A DoD form is under development, but not yet available

Marketing and Training• Develop and communicate information to the Components as benefits are

extended

• Ensure consistent application of extension of benefits across DoD

Status of Forces Agreements (SOFA)• Established by Department of State

• Some countries’ laws may prohibit entrance of SSDP as a member of household

• CPP currently reviewing all SOFAs to determine those countries that may pose challenges to consistent extension of benefits from one country to another

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Ongoing Efforts to Resolve

Challenges Tax Implications

• SSDPs and spouses are treated differently under federal and most states’ tax laws

• Employers must provide information on the taxable value of the benefit provided to an SSDP

Have all Benefits, and Support Programs, Possible for Extension to SSDPs of Civilian Employees been Identified?

Military Family Support Policies• Are 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 Don’t Ask Don’t Tell and extension of benefits and inclusion of SSDPs of civilian employees as members of the DoD family?

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