Subject: Federal Employee Insurance and Retirement/Survivor Benefits

Background: P.L. 104-199, The Defense of Marriage Act, defined marriage as a legal union between a man and a woman. It further defined spouse as “…a person of the opposite sex who is a husband or a wife.” Based on this definition, domestic partners are not qualified spouses for the following federal employee benefit programs: retirement annuity/workers compensation benefits; health insurance; social security survivor benefits; social security lump sum death benefits; and, family optional life insurance.

Discussion:

l RETIREMENT ANNUITY/WORKERS COMPENSATION BENEFITS – If the Federal Employee was in a duty status at the time of death, the survivor (spouse or dependent children) may be eligible for either a retirement annuity or for workers compensation benefits, but not both. In most cases, the primary benefits are paid by the Department of Labor, which administers the workers compensation program. If the survivor chooses workers compensation benefits, a lump sum payment of the employee’s retirement contributions may be paid, based on either a properly executed Designation of Beneficiary Form or automatic right of assignment. If the employee was not in a duty status, the survivor may qualify only for a recurring CSRS or FERS monthly survivor annuity.

l HEALTH INSURANCE – If a Federal civilian employee dies WHILE enrolled for self and family coverage under the Federal Employees Health Benefits (FEHB) Program, all eligible family members will continue to be covered under the FEHB as long as at least one family member is entitled to an annuity as a survivor. Eligible family members are specifically identified as a “spouse” or “dependent children”

l SOCIAL SECURITY SURVIVOR BENEFITS – Social Security pays survivor benefits to a surviving spouse and dependent children. The amount of the benefit depends on the deceased employee’s Social Security earnings and the number of survivors eligible for benefits.

l SOCIAL SECURITY LUMP SUM DEATH PAYMENT – Social Security will pay a lump sum of $255 to a surviving spouse provided the deceased employee and the spouse were living together at the time of death, or the surviving spouse is entitled to survivor benefits. If there is no surviving spouse, the lump sum is paid to eligible children. Otherwise, the lump sum is NOT payable.

l FAMILY OPTIONAL INSURANCE – A Federal employee may sign up for family optional life insurance, whereby an employee may provide for benefits for a non-federal spouse or child. Therefore, if his/her spouse dies, the Federal employee would receive a life insurance payment.

l FEDERAL EMPLOYEE DEATH GRATUITY PAYMENT - Agency Heads have the discretion to pay a death gratuity to a “PERSONAL REPRESENTATIVE” of any Federal employee who dies from an injury sustained in the line of duty. This payment may be up to $10,000. OPM encourages all department and agency heads to make FULL USE of this authority, although it is not mandatory.

Consequently, legislation needs to be passed and signed into law that would enable the domestic partners of federal employees to apply for and be covered by federal retirement annuities; life insurance; health insurance and workers compensation benefits.

Federal GLOBE is the umbrella organization for Gay, Lesbian, Bisexual and Transgender employee support groups in Federal workplaces. Its purpose is to eliminate prejudice and discrimination in the federal government based on sexual orientation by (1) developing and providing educational programs, materials and assistance mechanisms which address the distinctive concerns and problems of lesbians, gay men, and bisexuals in the federal government and (2) educating the general public, policy makers, and federal employees about issues of concern to lesbians, gay men, and bisexuals.