1. Defense Civilian Personnel Advisory Services
Extension of Benefits to DoD Civilian Employees’ Same-Sex Domestic Partners Workshop September 8, 2011
Defense Civilian Personnel Advisory Services
Commitment to Equality 1

2. Historical Background
Presidential Memorandums Directing Executive Agency Action
June 17, required agencies to determine those benefits that could be extended to same-sex domestic partners (SSDPs) by policy or regulation
June 2, 2010 – agencies required to take immediate action, consistent with existing law, to extend equivalent level benefits to SSDPs
Office of Personnel Management
July 10, 2009 – tasked agencies to conduct agency wide review of workplace flexibilities and policies to determine benefits that could be extended
September 30, 2009 – DoD responded to OPM reporting benefits to be extended
June 2, 2010
Tasked agencies to ensure consistent and appropriate implementation of the President’s June 2 memo
Provided a definition of “Domestic Partner”
Listed benefits identified by agencies that could be extended
Presidential Directive to Take Action

3. Actions Since 2009 to Extend Benefits
General Services Agency
GSA interim regulations amended the Federal Travel Regulation to add terms and definitions for Domestic Partners effective (March 3, 2011)
Department of Defense
Revision to the Joint Travel Regulation enabled payment of certain allowances and expenses to civilian employees’ same-sex domestic partners, as well as their children and other “immediate family” members named in the employee’s household (March 3, 2011)
DoD Dependent Schools Teacher Transfer Program – consideration for joint assignments in foreign areas (effective school year 2009/2010)
Office of Personnel Management (OPM)
The Office of Personnel Management, by regulation, extended benefits to SSDPs for:
Leave without pay flexibilities (June 2, 2010)
Federal Long Term Care Insurance (July 1, 2010)
Family-friendly leave (July 14, 2010)
Some Benefits Have Been Extended

4. Nonappropriated Fund (NAF) Benefits
Most NAF Benefits and Allowances under SecDef Discretionary Authority
Presidential Memo tasked non-title 5 entities, such as NAF, to take action
Moving forward on revising NAF benefit policies not rooted in statute
Revision to DoDI , Vol 1401, Contains Overarching Authority to Extend Benefits to NAF Employees’ SSDPs – First NAF Policy Out the Gate
Package now with USD(P&R) for signature
Publication expected in time to allow NAF employees to enroll SSDPs in DoD-wide NAF Health Benefits Program during 2011 Fall Open Enrollment for 2012 coverage
Associated tax implications being worked – benefits for SSDPs are taxable
Generic SSDP documentation vetted with Components’ NAF benefits POCs
Further Revisions to DoDI Consistent with Vol 1401 Authority (see Status Chart)
NAF insurance and retirement (Vol 1408)
Overseas allowances & differentials and family member preference (Vol 1412)
Leave and attendance (Vol 1406)
Employment (Vol 1403)
Implementing Adjustments to Component Benefits Policies/Programs to Follow
NAF Benefits Extended Through Policy

5. DCPAS HR Benefits Panel Discussion
Jim Davey, Compensation Team
Leave Programs
Relocation Travel Transportation Expenses
Overseas Allowances and Differentials
Jeanne Scharch, Staffing and Civilian Transition Programs
Employment (Priority Placement Program
Employment of Family Members in Foreign Areas
Eligibility for Noncompetitive Appointment
Taiwanna Smith, Benefits Programs
Long Term Care Insurance
Insurable Interest Designation (CSRS and FERS)
Mike Mulloy, Non Appropriated Fund Programs
William Hunt, Non Appropriated Fund Programs

6. Non-HR Benefits Panel Discussion
Jeff Register, Operations and Policy Support, Defense Human Resource Activity (DHRA)
DoD ID Cards
, Resources and Oversight Division, Military Community and Family Policy (MC&FP)
Child Development Programs
Karen Smitsky, Military Community and Family Policy (MC&FP)
Resale Activities Access
Mark Ellis, TRICARE Management Activity (TMA)
Medical Treatment Facility Access

7. Challenge for Statutory Benefits
Key Statutory Benefits that may not be Extended due to the Defense of Marriage Act (DOMA)
Federal Employees Health Benefits Program
Survivor annuity benefits
Allowances when family members are defined as a “spouse” in enabling statute
Legislation Proposed in 2009 to add a New Category of “Family Member,” to include SSDPs in Federal Benefits did not Advance
Legislation to Repeal DOMA has not Progressed
OPM Anticipates that DOMA will be Fought and Overturned in Courts
DOMA Defines “Spouse”

8. Ongoing Efforts to Resolve
Challenges
Documentation of Relationship
OPM allowing agency discretion and does not anticipate establishing a consistent requirement or standard form for documentation
Documentation cannot be required for SSDP relationship when requirements are not in place for marriages and births – consistency is paramount
A DoD form is under development, but not yet available
Marketing and Training
Develop and communicate information to the Components as benefits are extended
Ensure consistent application of extension of benefits across DoD
Status of Forces Agreements (SOFA)
Established by Department of State
Some countries’ laws may prohibit entrance of SSDP as a member of household
CPP currently reviewing all SOFAs to determine those countries that may pose challenges to consistent extension of benefits from one country to another
Ongoing Efforts to Resolve

9. Ongoing Efforts to Resolve
Challenges
Tax Implications
SSDPs and spouses are treated differently under federal and most states’ tax laws
Employers must provide information on the taxable value of the benefit provided to an SSDP
Have all Benefits, and Support Programs, Possible for Extension to SSDPs of Civilian Employees been Identified?
Military Family Support Policies
Are there family support policies that extend to civilian employees that should now include support to SSDPs of civilian employees?
Is there a link between repeal of Don’t Ask Don’t Tell and extension of benefits and inclusion of SSDPs of civilian employees as members of the DoD family?
Ongoing Efforts to Resolve