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OPM | RIN: 3206-AN62 | Publication ID: Spring 2018 |
Title: ●Federal Employees Health Benefits and Federal Employees Dental and Vision Insurance Programs' Coverage Exception for Children of Same-Sex Domestic Partners | |
Abstract:
On October 30, 2013, OPM published final regulations in the Federal Register (78 FR 64873) to expand coverage for children of domestic partners under the Federal Employees Health Benefits (FEHB) Program and the Federal Employees Dental and Vision Insurance Program (FEDVIP). The regulation allowed children of same-sex domestic partners living in States that did not allow same-sex couples to marry to be covered family members under the FEHB and the FEDVIP. Due to a subsequent Supreme Court decision legalizing same-sex marriage in all states, OPM published an Interim final regulation (81 FR 86905) on December 2, 2016, that created a regulatory exception that only allowed children of same-sex domestic partners living overseas to maintain their FEHB and FEDVIP coverage until September 30, 2018. OPM recognized that there were additional requirements placed on overseas federal employees that did not apply to other civilian employees with duty stations in the United States making it difficult to travel to the United States to marry their same-sex partners. Understanding that we have provided agencies with additional time for compliance given overseas federal employees may not have been able to marry immediately following the Supreme Court decision, OPM is issuing a direct final rule removing references to domestic partners and domestic partnerships. Based on the Supreme Court decision and the two additional years lag time for domestic partners overseas to marry, the current language in this section of the CFR is not needed and may be somewhat confusing. There is no change in coverage for children whose same sex partners married. |
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Agency: Office of Personnel Management(OPM) | Priority: Substantive, Nonsignificant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Deregulatory | |
CFR Citation: 5 CFR 90 5 CFR 894 | |
Legal Authority: Not Yet Determined |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Michael W. Kaszynski Senior Policy Analyst Office of Personnel Management 1900 E Street NW, Washington, DC 20415 Phone:202 606-1994 Email: michael.kaszynski@opm.gov |