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Same-sex domestic partners of federal employees entitled to certain benefits

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Same-sex domestic partners of federal employees entitled to certain benefits

WASHINGTON—Same-sex domestic partners of federal employees will have greater access to certain benefits that previously were available only to heterosexual employees' spouses, according to the Office of Personnel Management.

Amendments to the regulations governing benefits for federal employees and members of Congress, which were finalized Friday, state that same-sex domestic partners of current and future government workers no longer will have to provide proof of an insurable interest in their partner's continued life to receive retirement survivor annuity payments—also called insurable interest annuities—in the event of their partner's death.

Instead, same-sex domestic partnerships have been added to the list of relationships recognized by the government as having a presumed insurable interest. Employees and their partners will have to provide only evidence of the existence of a domestic partnership to qualify for the benefit.

The change does not apply to current federal retirees.

The change also does not affect health benefits, but OPM did submit a proposed rule change Friday that would extend health benefits to the children of same-sex partners.

The insurable interest annuity program being extended to same-sex domestic partnerships differs slightly from survivor annuity benefits offered to heterosexual spouses, primarily in the amounts the respective beneficiaries can collect under the program.

In its commentary accompanying the final rule, the Personnel Management office said the Defense of Marriage Act precludes it from offering same-sex domestic partners the more generous “spousal” survival benefits afforded to married couples.

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OPM officials also finalized on Friday an amendment qualifying same-sex domestic partners as “family members,” making them eligible for noncompetitive appointments to U.S. jobs after returning from service abroad, evacuation compensation in emergencies and certain employee assistance programs.

The rule changes were made pursuant to directives issued by President Barack Obama in 2009 and 2010, which instructed federal agencies to identify extensions of benefits to same-sex domestic partnerships that could be made without conflicting with DOMA and other existing laws.