Jacquelyn Martin/AP
Same-Sex Married Feds Already Have Access to Health and Retirement Benefits
Landmark decision will have little impact on benefits because a 2013 ruling opened up many to federal workers and retirees in same-sex marriages.
The Supreme Court’s June 26 decision guaranteeing same-sex couples the right to marry under the Constitution likely will have little impact on benefits for gay federal employees, retirees and their spouses.
That’s because same-sex spouses of legally married feds and retirees have been eligible for health and retirement benefits regardless of which state they live in since 2013, when the Supreme Court overturned Section 3 of the 1996 Defense of Marriage Act (incidentally also on June 26), which defined marriage as between a man and a woman and prevented same-sex spouses of federal employees and retirees from accessing benefits available to opposite-sex spouses of government workers. The decision allowed the government to extend health care coverage and pension benefits to same-sex federal spouses and children, even if they lived in a state where gay marriage was banned, provided they had a legal marriage license.
Prior to Friday’s decision, gay marriage was legal in 37 states and the District of Columbia.
As a result of the 2013 Supreme Court decision, all legally married same-sex couples were eligible for self and family enrollment in the Federal Employees Health Benefits Program. Same-sex spouses of feds and retirees also have been eligible for life insurance under Federal Employees Group Life Insurance, long-term care coverage, retirement benefits, flexible spending accounts, vision and dental insurance and unpaid family leave. Same-sex spouses and their children are treated the same as heterosexual married families for benefits purposes, the Office of Personnel Management has stated previously in guidance.
Domestic partners of feds and those in civil unions still are not eligible for most benefits, though they are able to access federal long-term care insurance and some minor travel and relocation benefits. It’s unclear how or if Friday’s ruling will affect some of those benefits.
In April, the General Services Administration announced that it would limit (but not abolish) those extended travel and relocation benefits “moving forward” for same-sex domestic partners who choose not to marry, “despite residing in states or other jurisdictions (or foreign countries) whose laws authorize same-sex marriage,” stated the notice in the Federal Register. “Same-sex domestic partners who reside in states or other jurisdictions (or foreign countries) whose laws do not authorize same-sex marriage will still be permitted to claim travel and relocation benefits based upon the FTR and agency procedures for immediate family members. At this time, GSA is not including opposite-sex domestic partners as part of an employee's immediate family.”
Again, it’s unclear whether Friday’s ruling will prompt GSA to rethink those extended travel and relocation benefits to same-sex domestic partners.