[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]


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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.

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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