GovExec: Same-Sex Spouses Eligible for Benefits Regardless of Residency

One of the questions arising from the Supreme Court's finding of the so-called Defense of Marriage Act unconstitutional is whether legally married couples living in states where their marriage was not recognized would be eligible for federal benefits.

President Obama said that he hoped that the government would use "place of ceremony" rather than "place of residence" in determining residency, and indeed, the first green card was issued to a legally married couple in Florida, where their marriage was not recognized. Definitely a good sign.

Government Executive has a piece today that suggests that the "place of ceremony" will be applied to all federal benefits. In their piece, Same-Sex Spouses Eligible for Benefits Regardless of Residency, they cite new federal guidance from the Office of Personel Management regarding health benefits that says that "Same-sex spouses of legally married feds and retirees are eligible for health and retirement benefits regardless of which state they live in."

The guidance reads:

"Coverage will be available to a legally married same-sex spouse of a Federal employee or annuitant, regardless of his or her state of residency. This decision does not extend coverage to registered domestic partners or those employees or annuitants in civil unions."

Because we already knew separate was not equal.

This is exceptionally good news for people like us who (until we can find a house in Maryland to buy) live in states like Virginia, which does not recognize our marriage.

The other part of the guidance I like: "OPM sent letters last week to insurance carriers about extending health, dental and vision coverage to same-sex spouses and children of feds and annuitants, underscoring the need for equity. “Carriers will be cautioned against imposing any new rules in response to the Supreme Court’s decision that could be seen as having either the purpose or effect of creating barriers to enrollment for legally married same-sex couples,” stated the July 3 benefits administration letter from OPM’s John O’Brien, director of healthcare and insurance."

You can read the entire Government Executive piece here.

Draft rule opens long-term care, leave programs to domestic partners

Found this today in Government Executive.

Draft rule opens long-term care, leave programs to domestic partners
By Alyssa Rosenberg

Citing changing demands on families and the need to recognize diversity, the Office of Personnel Management proposed regulations on Monday opening up the long-term care insurance program and certain leave programs to the same-sex partners of gay and lesbian federal employees.

"With America's changing demographics and socioeconomic trends, employees have increasing personal needs and family care obligations," Jerome Mikowicz, deputy associate director at OPM's Center for Pay and Leave Administration, wrote in the draft leave regulation. "OPM believes it is important to address the needs of a more diverse workforce. By ensuring consistent policies within the federal government we set an example as the model employer of a diverse workforce."

The draft regulations implement President Obama's June 17 memorandum expanding benefits available to the same-sex partners of gay and lesbian federal employees. In that memo, Obama also directed OPM to oversee agency-by-agency reviews of policies that could have disparate impacts on gay and lesbian federal employees. The results of those reviews are due to chief human capital officers on Sept. 15.

The proposed long-term care regulation would add same-sex domestic partners to the list of relatives eligible to enroll in the Federal Long-Term Care Insurance Program. Currently, that list includes spouses of heterosexual federal employees; their parents, step-parents or parents-in-law; and their adult biological, step or adoptive children.

The draft leave regulation would allow gay and lesbian employees to take sick, voluntary or emergency leave to care for domestic partners, and would define domestic partners as "immediate relatives" under the rules for taking leave for funerals.

Neither regulation would provide access to these benefits for heterosexual domestic partners of federal employees.

Colleen Kelley, president of the National Treasury Employees union, praised the regulations, but said she still would like to see Congress pass the Domestic Partnership Benefits and Obligations Act. President Obama has said without that legislation, his administration cannot give the partners of gay and lesbian federal employees access to the Federal Employees Health Benefits Program. Obama has endorsed passage of the bill and supports a repeal of the 1996 Defense of Marriage Act, which prevents the federal government from treating same-sex relationships the same way as heterosexual marriages.

Leonard Hirsch, president of Federal GLOBE, an affinity group for gay and lesbian federal employees, said OPM was doing the right thing in conducting a detailed agency-by-agency review of other policies affecting gay employees. Such a review is necessary, he said, because authorization and appropriations laws have imposed a patchwork of restrictions on agencies, and OPM needs a clearer picture of existing regulations before it can adopt strong governmentwide policies on issues such as relocation benefits.

"These are big issues that have to be thought through and worked through," Hirsch said. "It's a lot more complicated than it appears in common parlance."

Comments on both regulations are due by Nov. 13, and can be submitted at Regulations.gov. Comments on the long-term care regulation also can be mailed to:

John Cutler, Senior Policy Analyst, Insurance Policy Group
Strategic Human Resources Policy, Office of Personnel Management
1900 E Street, N.W., Room 3415
Washington, D.C. 20415
Comments on the leave regulation can be mailed to:

Jermoe D. Mikowicz, Deputy Associate Director
Center for Pay and Leave Administration
Office of Personnel Management, Room 7H31
900 E Street, N.W.
Washington, D.C. 02415

Openly gay John Berry named OPM director

This was in today's Government Executive. I also noticed mention of it in the Washington Post's "In The Loop." If Berry is confirmed, this is great news for all LGBT government employees.

John Berry named OPM director

By Alyssa Rosenberg arosenberg@govexec.com

March 3, 2009

President Obama on Tuesday nominated John Berry, currently the director of the National Zoo, to lead the Office of Personnel Management.

"From turning around the National Zoo to fostering a more productive work environment at the Department of the Interior, John Berry has a tremendous record of effective management in key public service roles," Obama said. "I'm confident that he will provide that same leadership at OPM to help ensure that government works for the American people the way it should."

Karen Korpowski-Gallo, senior public affairs specialist for the zoo, said Berry would not speak to the media until after he is confirmed by the Senate.

Berry has a long history in federal workforce and management issues. He served as legislative director to House Majority Leader Steny Hoyer, D-Md., for 10 years.

During that time, he was Hoyer's lead on federal employee policy issues, helping to guide the negotiations that led to the 1990 Federal Employees Pay Comparability Act, which established the locality pay system. Beth Moten, legislative director of the American Federation for Government Employees, said congressional staffers noted at the time that without Berry to manage the often-tense discussions, the legislation never would have passed.

"I can think of no better person than John Berry to lead the Office of Personnel Management," Hoyer said. "John is an incredibly qualified public servant who possesses significant management experience, great knowledge of government, and a high regard for our federal workforce. Anyone who has worked with him knows how very bright and positive a person he is. He is an excellent choice to lead OPM, and I strongly support his nomination."

Sen. Daniel Akaka, D-Hawaii, who chairs the Senate Homeland Security and Governmental Affairs Federal Workforce Subcommittee, which will oversee Berry's nomination, also had high praise for Obama's pick.

"I know John to be a strong, capable, and passionate leader," Akaka said. "OPM is key to our government's ability to perform, because human capital is critical in everything our government does, from national security to financial industry oversight. We need someone like John who can attract talented leaders and maintain quality across federal agencies so management will be at its prime."

Berry built solid relationships with federal employee unions during his time on Capitol Hill.

John Gage, president of AFGE, said the union had recommended Berry to the Obama administration. Gage said he spoke with Berry recently and expected to work with him on a number of issues, including giving federal employees college credit for training courses, reforming the classification system and increasing union involvement in shaping the Federal Employees Health Benefits Program.

Colleen Kelley, president of the National Treasury Employees Union, said she thought Berry would foster partnerships between management and labor.

"I believe he will play a key role in helping return respect to the federal workforce, which in turn will help attract talented and dedicated employees to public service," Kelley said.

During the Clinton administration, Berry served as assistant secretary for policy, management and budget at Interior, where he oversaw a number of programs to improve employees' work-life balance. He held town hall meetings to elicit suggestions, leading to upgrades to the Interior cafeteria and health center, and also improved the department's credit union and continuing education options. Berry funded a number of those enhancements through partnerships with unions, other agencies and even employees -- reducing their overall costs to the department.

At the zoo, Berry drew up a strategic plan, reorganized its management structure and completed a 20-year capital plan for its finances.

Berry is also known as an advocate for gay and lesbian federal employees. According to the Human Rights Campaign, if confirmed, he will be the highest-ranking openly gay official to serve in the executive branch in any administration.

During his time at Interior, Berry worked to create a grievance procedure for employees who experience discrimination because of their sexual orientation, expand relocation benefits and counseling services to the domestic partners of employees, establish a liaison to gay and lesbian workers, and eliminate discriminatory provisions of the National Park Service's law enforcement standards -- including a ban on security clearances for gay and lesbian employees.

Under President Bush, OPM opposed allowing the domestic partners of federal employees to receive health and retirement benefits available to heterosexual married couples. OPM argued in a 2008 congressional hearing that extending partner benefits was too risky because gay and lesbian federal employees might commit fraud to get them.

Leonard Hirsch, international liaison at the Smithsonian Institution and president of Federal GLOBE, which represents gay, lesbian, bisexual and transgender government employees, said in a January interview with Government Executive that he thought Berry would reverse OPM's benefits policy.

"I have known John for over 15 years, and his intelligence, skills, energy, and bountiful personality will make him an extraordinary Director of OPM for all Federal employees," Hirsch said on Tuesday. "In these times of challenge, no worker should be left behind."

Max Stier, president of the Partnership for Public Service, said he thinks Berry will bring an innovative approach to the major challenges the federal government faces.

"We need a very talented, strong person for that job," Stier said. "The president's [outlined] an enormous agenda, and it's going to depend in large measure on whether we've got a large number of people engaged in the best way to make it happen."