[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Rules and Regulations]
[Pages 30267-30268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13015]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules
and Regulations
[[Page 30267]]
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: Final rule.
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SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a
final regulation to expand eligibility to apply for coverage under the
Federal Long Term Care Insurance Program (FLTCIP). Under this
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.
DATES: Effective July 1, 2010.
FOR FURTHER INFORMATION CONTACT: John Cutler, at [email protected] or
(202) 606-0004.
SUPPLEMENTARY INFORMATION: The President's Memorandum of June 17, 2009,
on Federal Benefits and Non-Discrimination requested 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. On September 14, 2009, OPM published proposed regulations
in the Federal Register (74 FR 46937-46938) to expand eligibility to
apply for coverage under the Federal Long Term Care Insurance Program
(FLTCIP). Comments were requested by November 13, 2009. After reviewing
the comments received, OPM has decided to release this final regulation
without any changes from the proposed regulation. Therefore, the
regulation will expand the term ``qualified relative'' found in 5
U.S.C. 9001(5)(D) to include additional individuals who are same-sex
domestic partners of a Federal or U.S. Postal Service employee or
annuitant. Prior to this regulation, a ``qualified relative'' included
a spouse, parent, stepparent, parent-in-law, and adult child at least
age 18.
OPM received 51 comments on our proposal to extend benefit
eligibility to same-sex domestic partners, with the comments running
about 3 to 1 in favor of such a change. A number of comments asked that
opposite-sex domestic partners be included. However, as stated in the
proposed regulation, opposite-sex domestic partners were not included
because they may obtain eligibility to apply for Federal long term care
insurance through marriage, an option not currently available to same-
sex domestic partners.
Some comments suggested a clarification of the documentation that
OPM will require to verify the domestic partner status. The
documentation will consist of an attestation that the domestic partners
meet the criteria in Sec. 875.213(b). OPM does not expect to establish
more rigorous criteria for the attestation as that would impose a
greater burden on domestic partners than other qualified relatives. For
instance, we do not require documentation such as bank statements or
other proof of financial support for spousal coverage.
We received some comments suggesting that we add a requirement for
a ``common residence.'' Again, the documentation will consist of an
attestation that the domestic partners meet the criteria in Sec.
875.213(b). OPM does not want to establish more rigorous criteria for
the attestation as that would impose a greater burden on domestic
partners than other qualified relatives. We do not expect to require
other documentation or to impose other tests or requirements in order
to apply, enroll (if approved for coverage), or maintain coverage.
Other commenters who addressed the documentation requirements
requested clarity as to how the attestation would be created and where
it would be maintained. Two comments stated a preference for the
documentation to be kept by OPM. We believe the employing agency or
retirement system is the appropriate place for such documentation
because the agency/retirement system serves as the personnel office for
its employees/annuitants. OPM does not maintain employment records for
employees other than for its own agency employees. OPM will supply an
attestation document on its website for the use of employees, retirees,
and their same-sex domestic partners. OPM does not intend to publish
the document for comment since the attestation requirements have
already been made available through the regulation.
There was a suggestion in some comments that OPM not require
documentation of a same-sex domestic partnership for individuals in
states where same-sex marriage or creation of a similar relationship,
such as a civil union, is permitted. However, because of the variation
from state to state, OPM has chosen a uniform set of criteria that all
eligible employees, retirees, and their same-sex domestic partners must
meet regardless of the state they reside in. Therefore, in order to be
eligible to apply for Federal long term care insurance as qualified
relatives, domestic partners must meet the standards provided in Sec.
875.213(b), including the attestation requirement.
Finally, there were some comments requesting that coverage be
extended to other family members, specifically parents of the domestic
partner. We do not intend to extend benefits to other individuals at
this time.
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.
[[Page 30268]]
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.
0
Accordingly, OPM amends 5 CFR part 875, as follows:
PART 875--FEDERAL LONG TERM CARE INSURANCE PROGRAM
0
1. The authority citation for 5 CFR part 875 continues to read as
follows:
Authority: Authority: 5 U.S.C. 9008.
0
2. Add a new Sec. 875.213 to subpart B to read 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 a 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; and
(8) Certify that 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. 2010-13015 Filed 5-28-10; 8:45 am]
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