[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Proposed Rules]
[Pages 46937-46938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22028]
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 875
RIN 3206-AL92
Federal Long Term Care Insurance Program: Eligibility Changes
AGENCY: U.S. Office of Personnel Management.
ACTION: Proposed regulation.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a
proposed regulation to expand eligibility to apply for coverage under
the Federal Long Term Care Insurance Program (FLTCIP). Under the
proposed regulation, the definition of ``qualified relative'' is
expanded to cover the same-sex domestic partners of eligible Federal
and U.S. Postal Service employees and annuitants. The proposed
regulation will help agencies address the family needs of an
increasingly diverse workforce, and will enhance the Federal
Government's ability to compete with the private sector for talent.
DATES: OPM must receive comments on or before November 13, 2009.
ADDRESSES: You may submit comments, identified by docket number and/or
RIN number by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: John Cutler, Senior Policy Analyst, Insurance Policy
Group, Strategic Human Resources Policy, Office of Personnel
Management, 1900 E Street, NW., Room 3415, Washington, DC 20415; or
deliver to OPM, Room 3415, 1900 E Street, NW.; or FAX to (202) 606-
0633.
FOR FURTHER INFORMATION CONTACT: John Cutler, at [email protected] or
(202) 606-0735.
SUPPLEMENTARY INFORMATION: The President's Memorandum of June 17, 2009,
on Federal Benefits and Non-Discrimination requests that the Office of
Personnel Management (OPM) extend certain benefits that can be provided
to same-sex domestic partners of Federal employees consistent with
Federal law. In response, OPM is proposing a regulatory change to
expand eligibility to apply for coverage under the Federal Long Term
Care Insurance Program
[[Page 46938]]
(FLTCIP). The purpose of the change is to enhance the ability of
Federal agencies to provide for the needs of an increasingly diverse
workforce, and to assist the Federal Government in competing with the
private sector for talent. To promote both of these policies, OPM
proposes to expand the term ``qualified relative'' to include
additional individuals who are same-sex domestic partners and whose
close association with the employee or annuitant constitutes a family
relationship.
Currently, a ``qualified relative'' is defined to include:
The spouse of an employee, annuitant, member of the
uniformed services or retired member of the uniformed services;
A parent, stepparent or parent in-law of an employee or
member of the uniformed services;
An adult child (natural, step or adopted) of an employee,
annuitant, member of the uniformed services, or retired member of the
uniformed services if such a child is at least age 18.
The proposed regulatory change will expand the definition of
``qualified relative'' under 5 U.S.C. 9001(5)(D) to provide eligibility
to apply for FLTCIP coverage to the same-sex domestic partners of
Federal and U.S. Postal Service employees and annuitants. Opposite-sex
domestic partners are not included in the proposed regulation because
they may obtain eligibility for federal long term care insurance
through marriage, an option not currently available to same-sex
domestic partners.
In order to demonstrate eligibility to apply for coverage under the
FLTCIP, individuals will be required to provide documentation to
establish they meet the criteria for domestic partners.
OPM's proposed regulations will not only modernize FLTCIP and
provide for workforce equity, but also will make the Federal Government
more competitive in recruiting and retaining highly qualified
employees. A majority of Fortune 500 companies and thousands of smaller
companies already provide the same-sex domestic partners of their
employees with access to a variety of insurance benefits that are
available to other family members. Such benefits also are provided by
public-sector entities such as state and local governments, and by
colleges and universities. The extension of such benefits to Federal
employees would help the government compete for talent.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
only adds an additional group to the list of groups eligible to apply
for coverage under the FLTCIP. The FLTCIP is a voluntary, self-pay
benefits program with no Government contribution.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Federalism
We have examined this rule in accordance with Executive Order
13132, Federalism, and have determined that this rule will not have any
negative impact on the rights, roles and responsibilities of State,
local or tribal governments.
List of Subjects in 5 CFR Part 875
Administrative practices and procedures, Employee benefit plans,
Government contracts, Government employees, health insurance, military
personnel, organization and functions, retirement.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM proposes to amend 5 CFR part 875, as follows:
PART 875--FEDERAL LONG TERM CARE INSURANCE PROGRAM
1. The authority citation for 5 CFR part 875 continues to read as
follows:
Authority: Authority: 5 U.S.C. 9008.
2. Add a new Sec. 875.213 as follows:
Sec. 875.213 May I apply as a qualified relative if I am the domestic
partner of an employee or annuitant?
(a) You may apply for coverage as a qualified relative if you are a
domestic partner, as described in paragraph (b) of this section. As
prescribed by OPM, you will be required to provide documentation to
demonstrate that you meet these requirements.
(b) For purposes of this part, the term ``domestic partner'' is a
person in a domestic partnership with an employee or annuitant of the
same sex. The term ``domestic partnership'' is defined as a committed
relationship between two adults, of the same sex, in which the
partners--
(1) Are each other's sole domestic partner and intend to remain so
indefinitely;
(2) Have a common residence, and intend to continue the arrangement
indefinitely;
(3) Are at least 18 years of age and mentally competent to consent
to contract;
(4) Share responsibility for a significant measure of each other's
financial obligations;
(5) Are not married to anyone else;
(6) Are not a domestic partner of anyone else;
(7) Are not related in a way that, if they were of opposite sex,
would prohibit legal marriage in the State in which they reside;
(8) Will certify they understand that willful falsification of the
documentation described in paragraph (a) of this section may lead to
disciplinary action and the recovery of the cost of benefits received
related to such falsification and may constitute a criminal violation
under 18 U.S.C. 1001.
[FR Doc. E9-22028 Filed 9-11-09; 8:45 am]
BILLING CODE 6325-39-P