[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Notices]
[Page 57589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22895]


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OFFICE OF PERSONNEL MANAGEMENT


Civil Service Retirement System and Federal Employees Retirement 
System; Notice to Surviving Same-Sex Spouses of Deceased Federal 
Annuitants, Employees, or Former Employees Who Died Prior to June 26, 
2013

AGENCY: Office of Personnel Management.

ACTION: Notice.

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SUMMARY: On August 2, 2013, the Office of Personnel Management (OPM) 
published notice in the Federal Register informing annuitants that they 
had an extended opportunity (until June 26, 2015), to elect survivor 
annuity benefits for their same-sex spouses if they had been married 
prior to the U.S. Supreme Court's decision in United States v. Windsor, 
133 S.Ct. 2675 (2013), on June 26, 2013, and were prevented by the 
Defense of Marriage Act (DOMA), 1 U.S.C. 7(3)(1996), from making a 
timely election. See 78 FR 47018 (Aug. 2, 2013). Similarly, because 
annuitants, employees, or former employees in same-sex marriages may 
have died prior to the Windsor decision (i.e. prior to June 26, 2013), 
and because the same-sex spouses of those deceased annuitants, 
employees, and former employees may not have applied for death benefits 
because of DOMA, or may have applied for death benefits but were denied 
benefits because of DOMA, OPM is publishing this notice to inform those 
surviving same-sex spouses that they may apply (or re-apply) for death 
benefits so that OPM can evaluate whether or not those same-sex spouses 
may now be entitled to survivor annuity or lump-sum death benefits.

FOR FURTHER INFORMATION CONTACT: Roxann Johnson, (202) 606-0299.

SUPPLEMENTARY INFORMATION: On June 26, 2013, the United States Supreme 
Court (the Supreme Court) held in United States v. Windsor, 133 S.Ct. 
2675 (2013), that Section 3 of the Defense of Marriage Act (DOMA), 1 
U.S.C. 7(3)(1996), was unconstitutional. Section 3 of DOMA provided 
that, when used in a federal law, the term ``marriage'' would mean only 
a legal union between one man and one woman as husband and wife, and 
that the term ``spouse'' referred only to a person of the opposite sex 
who is a husband or a wife. Therefore, as a result of DOMA, OPM was not 
permitted to accept survivor annuity elections for same-sex spouses 
from retirees from September 21, 1996, until June 25, 2013. OPM also 
denied eligible same-sex surviving spouses monthly survivor annuity 
and/or lump-sum death benefits, and/or may have discouraged employees, 
annuitants, and/or surviving spouses from electing a survivor annuity 
benefit and/or applying for benefits during that period. After the U.S. 
Supreme Court held that DOMA was unconstitutional, however, OPM was 
able to extend benefits to surviving same-sex spouses of deceased 
federal annuitants, employees, and former employees under the Civil 
Service Retirement System (CSRS) and the Federal Employees Retirement 
System (FERS), even if the annuitants, employees, and former employees 
had died before June 26, 2013.
    Therefore, in order to ensure that surviving same-sex spouses of 
deceased federal annuitants, employees, or former employees who died 
prior to the Windsor decision on June 26, 2013, are able to exercise 
their rights and interests as ``widows'' and ``widowers'' under CSRS 
and FERS, OPM is providing this notice to inform those surviving same-
sex spouses how they may apply for survivor annuities and/or lump-sum 
death benefits. OPM also wants to make clear that surviving same-sex 
spouses of deceased annuitants who died prior to June 26, 2013, may 
apply for benefits even if the annuitants did not attempt to elect 
survivor annuity benefits for their spouses prior to death, and/or even 
if OPM has previously denied applications for benefits from surviving 
spouses as a result of DOMA.
    How To Apply For Benefits: If you are a same-sex spouse of a 
deceased federal employee or annuitant whose spouse died before June 
26, 2013, you may submit an application for death benefits (Standard 
Form (SF) 2800 for CSRS and SF 3104 for FERS) to OPM at this address: 
Office of Personnel Management, Survivor Benefits Windsor Decision, 
P.O. Box 45, Boyers, PA 16017-0045.
    Surviving spouses may download these applications from OPM's Web 
site at http://www.opm.gov/forms/standard-forms/, or may call OPM's 
Retirement Information Office at 1-(888)-767-6738, or may send an email 
to [email protected] to request an application for benefits. Please 
include ``Survivor Benefits Windsor Decision'' in the subject line of 
the email.
    When a same-sex surviving spouse submits an application for death 
benefits or contacts OPM for information regarding eligibility for 
benefits, the surviving spouse should inform OPM that s/he is a same-
sex spouse of a deceased annuitant, federal employee or former federal 
employee who died prior to June 26, 2013. The surviving spouse should 
also send OPM a copy of the couple's marriage certificate and a copy of 
the annuitant's death certificate if OPM has not already received these 
documents. Additionally, the surviving spouse should provide OPM with 
the deceased federal employee's name, date of birth, and the 
annuitant's CSA/CSF number or social security number to expedite 
processing of the claim.

Office of Personnel Management.
Katherine Archuleta,
 Director.
[FR Doc. 2014-22895 Filed 9-24-14; 8:45 am]
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