Benefits & Entitlements

Benefits to Married Gay and Lesbian Federal Employees, Annuitants and Their Families

The recent Supreme Court ruling declaring the Defense of Marriage Act (DOMA) unconstitutional means that legally married same-sex spouses of federal employees and their families are now considered eligible family members under various benefits programs as described in the HQDA CPAC Guidance document below. Employees who were legally married prior to June 26 will have until August 26, 2013 to enroll their newly eligible family members. Employees who are legally married on or after June 26, will have 60 days from the date of marriage to make the changes. Employees who do not make their enrollment during the 60-day election window will be eligible to enroll during the annual open enrollment period.

  NOTE: On September 25, 2014, the Office of Personnel Management (OPM) published a notice in the Federal Register (Volume 79, No. 186) that extended the opportunity to apply for survivor benefits under CSRS and FERS for same-sex spouses of deceased Federal annuitants, employees, or former employees who died prior to June 26, 2013. To ensure that surviving same-sex spouses are able to exercise their rights and interests as "widows" and "widowers" under CSRS and FERS, OPM is encouraging all same-sex spouses of deceased annuitants who died prior to June 26, 2013, to 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. Further details may be found in the Oct 10, 2014 DCPAS memos linked below.

HQDA CPAC - Guidance on Extension of Benefits to Married Gay and Lesbian Federal Employees, Annuitants and Their Families Posted July 2, 2013

the letters ABCC on a screen Army Benefits Center - Civilian

icon of a person viewing a computer screen PERMISS article: PCS - Accompaniment of Same Sex Spouse and Same Sex Domestic Partner to Foreign Duty Locations



Messages and Memorandums & Policy Documents ----------------------

Document Title (Click on memo title to view the memo)
icon indicating file is a memo DoD - DCPAS memo
Oct 10 2014
 Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS) Annuity for Surviving Same-Sex Spouses
icon indicating file is a memo OPM memo
21 Oct 2013
 Family and Medical Leave Act (FMLA) Coverage of Same-Sex Spouses
icon indicating file is a memo DA - Office of the General Counsel
16 Sep 2013
 Application of Federal Ethics Rules to Same-Sex Spouses
icon indicating file is a memo DoD News Release
14 Aug 2013
 DOD Announces Same-Sex Spouse Benefits
icon indicating file is a memo SecDef Memo
13 Aug 2013
 Extending Benefits to the Same-Sex Spouses of Military Members
icon indicating file is a memo UnderSecDef Memo
13 Aug 2013
 Further Guidance on Extending Benefits to Same-Sex Spouses of Military Members
icon indicating file is a memo OPM memo
28 June 2013
 Guidance on the Extension of Benefits to Married Gay and Lesbian Federal Employees, Annuitants, and Their Families
icon indicating file is on another website OPM Guidance
June 24,1999
 Addressing Sexual Orientation Discrimination in Federal Civilian Employment: A Guide to Employees' Rights
icon indicating file is on another website Executive Order 13087
May 28, 1998
 Further Amendment to Executive Order 11478, Equal Employment Opportunity in the Federal Government (to prohibit discrimination based on sexual orientation)