[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Proposed Rules]
[Pages 67377-67379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26779]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / 
Proposed Rules  

[[Page 67377]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 875

RIN 3206-AN05


Federal Long Term Care Insurance Program Eligibility Changes

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The United States Office of Personnel Management (OPM) is 
proposing to amend the Federal Long Term Care Insurance Program 
(FLTCIP) regulation to expand eligibility to apply for coverage under 
the Program. Under the proposed regulation, the definition of 
``qualified relative'' is expanded to cover all individuals who are 
domestic partners (both same-sex and opposite-sex) of Federal and U.S. 
Postal Service employees, annuitants, members of the uniformed 
services, and retired members of the uniformed services. In addition, 
the proposed regulation provides that adult children of domestic 
partners will be considered one of the types of individuals comprising 
the statutory term ``qualified relative'' who may apply for FLTCIP 
coverage.

DATES: Comments are due on or before January 12, 2015.

ADDRESSES: Send written comments to Ronald Brown, Policy Analyst, 
Planning & Policy Analysis, Office of Personnel Management, 1900 E 
Street NW., Washington, DC 20415-9700; or deliver to OPM, Room 2309, 
1900 E Street NW., Washington, DC; or FAX to (202) 606-0636. Comments 
may also be sent through the Federal eRulemaking Portal at: http://www.regulations.gov. All submissions received through the Portal must 
include the agency name and docket number or the Regulation Identifier 
Number (RIN) for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst, (202) 
606-0004, or by email to [email protected].

SUPPLEMENTARY INFORMATION: In support of the President's Memoranda of 
June 17, 2009 and June 2, 2010, concerning Federal Benefits and Non-
Discrimination, OPM has identified certain benefits under FLTCIP that 
may be extended to additional individuals consistent with existing law, 
whose relationship to the workforce member is considered to constitute 
a family relationship. The proposed regulation enhances the ability of 
Federal agencies to provide for the needs of an increasingly diverse 
workforce. OPM changed its regulation on June 1, 2010 to allow same-sex 
domestic partners of employees and annuitants to apply for FLTCIP 
coverage as a qualified relative. OPM now proposes to expand the term 
``qualified relative'' to include all individuals who are domestic 
partners (both same-sex and opposite-sex) of employees, annuitants, 
members of the uniformed services and retired members of the uniformed 
services. In addition, OPM's June 1, 2010 regulation did not include 
same-sex domestic partners of members of the uniformed services. This 
proposed regulation includes domestic partners, both same-sex and 
opposite-sex, of members and retired members of the uniformed services.
    Additionally, just as is currently required for same-sex domestic 
partners, newly eligible individuals (both same-sex and opposite-sex) 
will be required to provide documentation to establish that they meet 
the regulatory criteria for domestic partners.
    Finally, OPM has determined that eligibility may be extended to 
adult children of domestic partners by defining the term ``stepchild,'' 
which is one of the types of individuals comprising the statutory term 
``qualified relative,'' to include the child of a domestic partner. The 
definition of ``stepchild'' set forth in this proposed regulation 
appropriately encompasses and reflects the variety of parent-child 
relationships that exist today.
    The proposed changes and clarifications are:
    Changes:
    (1) We propose to expand the definition of ``qualified relative'' 
under 5 U.S.C. 9001(5)(D) to include both same-sex and opposite sex 
domestic partners of Federal and U.S. Postal Service employees and 
annuitants and members and retired members of the uniformed services. 
This revision can be found in section 875.101 and 875.213 of the 
proposed rule.
    (2) We propose to expand the definition of ``qualified relative'' 
to include adult children of domestic partners of Federal and U.S. 
Postal Service employees and annuitants, and members and retired 
members of the uniformed services consistent with Presidential 
Memoranda issued on June 17, 2009 and June 2, 2010. This revision can 
be found in section 875.101 of the proposed rule.
    (3) We propose that the workforce member or his or her domestic 
partner must provide notice to the employing office if at any time 
between the time of application and the time coverage is scheduled to 
go into effect, any of the conditions for a domestic partnership are no 
longer met, in which case a domestic partnership is deemed terminated. 
Such notification must be made as soon as possible, but in no event 
later than thirty calendar days after such conditions are no longer 
met. This change can be found in 875.101 of the proposed rule.
    (4) As is currently the case for same-sex domestic partners, 
opposite-sex domestic partners will be required to provide 
documentation to establish that they meet the criteria for domestic 
partners. This revision can be found in section 875.101 of the proposed 
rule.
    (5) This proposed rule makes other technical conforming amendments 
to the FLTCIP rules that would be amended by this proposed rule. These 
changes can be found in section 875.405 of the proposed rule.
    Clarification:
    (1) We clarify that once coverage has begun, termination of a 
domestic partnership does not terminate a domestic partner's insurance 
coverage as long as the Carrier continues to receive the required 
premium when due. This revision can be found in section 875.412 of the 
changes.

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 additional groups 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.

[[Page 67378]]

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 practice and procedure, Employee benefit plans, 
Government contracts, Government employees, health insurance, military 
personnel, organization and functions, Retirement.

U.S. Office of Personnel Management.

Katherine Archuleta,
Director, U.S. Office of Personnel Management.

    Accordingly, OPM is proposing to amend 5 CFR part 875 as follows:

PART 875--FEDERAL LONG TERM CARE INSURANCE PROGRAM

0
1. The authority citation for part 875 continues to read as follows:

    Authority:  5 U.S.C. 9008.

Subpart A--Administration and General Provisions

0
2. Section 875.101 is amended by revising the definitions of ``domestic 
partner'' and ``domestic partnership'' and by adding in alphabetical 
order a definition of ``stepchild(ren)'' to read as follows:


Sec.  875.101  Definitions.

* * * * *
    Domestic partner is defined as a person in a domestic partnership 
with an employee, annuitant, member of the uniformed services, or 
retired member of the uniformed services.
    Domestic partnership means:
    (1) A committed relationship between two adults, of the opposite 
sex or same sex, in which the partners--
    (i) Are each other's sole domestic partner and intend to remain so 
indefinitely;
    (ii) Maintain a common residence, and intend to continue to do so 
(or would maintain a common residence but for an assignment abroad or 
other employment-related, financial, or similar obstacle);
    (iii) Are at least 18 years of age and mentally competent to 
consent to a contract;
    (iv) Share responsibility for a significant measure of each other's 
financial obligations;
    (v) Are not married or joined in a civil union to anyone else;
    (vi) Are not a domestic partner of anyone else;
    (vii) Are not related in a way that would prohibit legal marriage 
in the U.S. jurisdiction in which the domestic partnership was formed;
    (viii) Provide documentation demonstrating fulfillment of the 
requirements of (i) through (vii) as prescribed by OPM; and
    (ix) Certify that they understand that willful falsification of the 
documentation described in subparagraph (viii) 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.
    (2) You or your domestic partner must notify the employing office 
if at any time between the time of application and the time coverage is 
scheduled to go into effect, any of the conditions listed in paragraphs 
(1)(i) through (vii) of this definition are no longer met, in which 
case a domestic partnership is deemed terminated. Such notification 
must be made as soon as possible, but in no event later than thirty 
calendar days after such conditions are no longer met.
* * * * *
    Stepchild(ren), as set forth in section 9001 of title 5, United 
States Code, means the child(ren) of the spouse or domestic partner of 
an employee, annuitant, member of the uniformed services, or retired 
member of the uniformed services.
* * * * *

Subpart B--Eligibility

0
3. Section 875.208 is revised to read as follows:


Sec.  875.208  May I apply as a qualified relative if the person on 
whom I am basing my eligibility status has died?

    You may not apply as a qualified relative if the workforce member 
on whom you are basing your qualified relative status died prior to the 
time you apply for coverage, unless you are receiving a survivor 
annuity as the spouse or an insurable interest annuity as the domestic 
partner of a deceased workforce member. In this case, your adult 
children and your current spouse or domestic partner are also 
considered to be qualified relatives.
0
4. In Sec.  875.213, paragraph (a) is revised to read as follows:


Sec.  875.213  May I apply as a qualified relative if I am the domestic 
partner of a workforce member?

    (a) You may apply for coverage as a qualified relative if you are a 
domestic partner, as described in section 875.101 of this chapter. As 
prescribed by OPM, you will be required to provide documentation to 
demonstrate that you meet these requirements, and you must submit to 
full underwriting requirements. However, as explained in section 
875.210 of this chapter, if you lose your status as a domestic partner, 
and therefore a qualified relative, before your coverage goes into 
effect, you are no longer eligible for FLTCIP coverage.
* * * * *

Subpart D--Coverage

0
5. Section 875.405 is revised to read as follows:


Sec.  875.405  If I marry, may my new spouse apply for coverage? If I 
become a domestic partner, may my new domestic partner apply for 
coverage? May other qualified relatives apply for coverage?

    (a)(1) If you are an active workforce member and you have married, 
your spouse is eligible to submit an application for coverage under 
this section within 60 days from the date of your marriage and will be 
subject to the underwriting requirements in force for the spouses of 
active workforce members during the most recent open season. You, 
however, are not eligible for abbreviated underwriting because of your 
marriage. You, your spouse, or both you and your spouse may apply for 
coverage during this 60-day period, but full underwriting will be 
required for you. After 60 days from the date of your marriage, you 
and/or your spouse may still apply for coverage but will be subject to 
full underwriting.
    (2) If you are an active workforce member and you have entered into 
a domestic partnership, your domestic partner is eligible to submit an 
application for coverage under this section at any time from the 
commencing date of your domestic partnership and will be subject to 
full underwriting requirements. You are not eligible for abbreviated 
underwriting because of your domestic partnership. You, your domestic 
partner, or both you and your domestic partner may apply for coverage 
at any time, but full underwriting will be required for both of you.
    (b) The new spouse or domestic partner of an annuitant or retired 
member of the uniformed services may apply for coverage with full 
underwriting at any time following the

[[Page 67379]]

marriage or commencing date of the domestic partnership.
    (c) Other qualified relative(s) of a workforce member may apply for 
coverage with full underwriting at any time following the marriage or 
commencing date of the domestic partnership.
0
6. In Sec.  875.412, the introductory text is revised and paragraph (e) 
is added to read as follows:


Sec.  875.412  When will my coverage terminate?

    Except as provided in paragraph (e) of this section, your coverage 
will terminate on the earliest of the following dates:
* * * * *
    (e) Termination of a domestic partnership does not terminate 
insurance coverage as long as the Carrier continues to receive the 
required premium when due.

[FR Doc. 2014-26779 Filed 11-12-14; 8:45 am]
BILLING CODE 6325-63-P