Connect with us

Politics

OPM lays out post-DOMA plan for fed’l employee benefits

Health, pension, dental and life insurance benefits available immediately

Published

on

U.S. Office of Personnel Management has instituted new guidance for married gay federal employees in the wake of DOMA (photo public domain)

U.S. Office of Personnel Management has instituted new guidance for married gay federal employees in the wake of the DOMA court ruling. (photo public domain)

Gay federal employees in legal same-sex marriages will be eligible immediately for health and pension benefits in the aftermath of the Supreme Court ruling against Section 3 of the Defense of Marriage Act, according to a new memo from the U.S. Office of Personnel Management.

The memorandum, dated June 28 and signed by OPM acting director Elaine Kaplan, identifies five new areas of benefits that will be available after the court decision for the legal spouses as well as newly qualified children and stepchildren of gay federal employees.

“There are numerous benefits that are affected by the Supreme Court’s decision, and it is impossible to answer every question that you might have,” Kaplan, a lesbian, writes. “Nevertheless, I want to assure you that the U.S. Office of Personnel Management is committed to working with the Department of Justice to ensure swift and seamless implementation of the court’s ruling.”

The five new benefits identified in the memo are:

ā€¢ health insurance through the Federal Health Employees Benefits (FEHB) plan;

ā€¢ life insurance through the Federal Employees’ Group Life Insurance (FEGLI) program;

ā€¢ dental and vision insurance through the Federal Employee Dental and Vision Insurance Program (FEDVIP);

ā€¢ long-term care insurance under the Federal Long Term Care Insurance Program (FLTCIP);

ā€¢ retirement benefits;

ā€¢ and the ability to submit claims for medical expenses through flexible spending accounts.

For each of the four insurance benefits in the memo, gay federal employees must elect to make a change within the window of 60 days between June 26, 2013 and August 26, 2013 to enroll. With respect to health, dental and vision insurance, the next opportunity would be at the start of open season later this year.

For employees who already have health coverage under a FEHB plan, coverage will begin immediately. For those who don’t, benefits will be effective on the first day of the first pay period after the enrollment request is received.

To be eligible for retirement benefits for their same-sex spouses, gay federal employees have two years until after the Supreme Court decision, or June 26, 2015, to inform OPM they have a legal marriage that qualifies for recognition and elect and changes to benefits.

The OPM memo is the first of many pieces of guidance expected from federal agencies in the wake of the Supreme Court’s decision to strike down the Defense of Marriage Act. After the court ruling, President Obama said he instructed U.S. Attorney Eric Holder to work with other Cabinet members to implement the end to the Defense of Marriage Act.

In a statement, Obama called the OPM guidance “a critical first step” toward implementing the Supreme Court ruling that determined “all married couples should be treated equally under federal law.”

“Thousands of gays and lesbians serve our country every day in the federal government,” Obama said. “They, and their spouses and children, deserve the same respect and protection as every other family.”

In another statement, Holder said the Obama administration by offering these benefits “is making real the promise of this important decision” against DOMA, but there’s more to come.

“As the President directed, the Department of Justice will continue to coordinate with other federal agencies to implement this ruling as swiftly and smoothly as possible,” Holder said. “I look forward to sharing additional information as it becomes available. We will never stop fighting to ensure equality, opportunity, and ā€“ above all ā€“ justice for everyone in this country.ā€

Leonard Hirsch, a board member for the LGBT federal employee affinity group known as Federal GLOBE, called the guidance “an extraordinary result” for everyone’s who been working on the issue for decades.

“It opens up the key benefits that key benefits for federal employees that have been closed ā€” health insurance, life insurance ā€” to the same-sex spouses of federal employees and retirees,” Hirsch said.

Hirsch also emphasized the word must to get out to federal retirees that their same-sex spouses are eligible for federal benefits in the wake of the ruling against DOMA.

“This was included, so this is a wonderful, inclusive set of changes that OPM has been preparing for and announced today,” Hirsch said.

Thomas Richards, an OPM spokesperson, confirmed that the guidance applies to all employees in legal same-sex marriages ā€” even those that live in states that don’t recognize marriage equality.

“These benefits will be available to any federal employee or annuitant who has a valid marriage license, regardless of their state of residency,” Richards said.

But the guidance doesn’t cover federal employees in same-sex relationships who aren’t married, such as those in domestic partnerships or civil unions. In July, gay Rep. Mark Pocan (D-Wis.) is expected to introduce the legislation known as the Domestic Partnership Benefits & Obligations Act to address this issue.

Richards noted the limitations of the new guidance is restricted to legally married federal employees, but recalled a 2009 memorandum from President Obama that offered limited benefits to employees in civil unions or domestic partnerships

“Acting Director Kaplanā€™s memo identifies certain benefits previously available only to opposite-sex spouses that are now available to all legally married spouses, including same-sex spouses,” Richards said. “OPM has already extended benefits to same-sex domestic partners to the extent permissible under the law.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Congress

House passes spending bill as Greene threatens to oust Johnson

51 of 52 anti-LGBTQ riders were defeated

Published

on

Rep. Marjorie Taylor Greene (R-Ga.) speaks at a press conference on Sept. 20. (Washington Blade photo by Michael Key)

The U.S. House of Representatives averted a government shutdown on Friday with a vote of 286-134 to pass the $1.2 trillion spending bill, over the objections of hard-right members like U.S. Rep. Marjorie Taylor Greene (R-Ga.).

The congresswoman subsequently filed a motion to remove House Speaker Mike Johnson (R-La.), who is himself an ultraconservative legislator. The move marked the second time in six months that the party has called for a vote to oust their own leader.

ā€œToday I filed a motion to vacate after Speaker Johnson has betrayed our conference and broken our rules,ā€ said Greene, who refused to say whether she would call up the resolution to call for a snap vote, which likely means the matter will be delayed until after the two-week recess.

Greene and Johnson are at odds over the content of the minibus appropriations package, with the congresswoman calling it a “Chuck Schumer, Democrat-controlled bill” that does not contain conservative policy demands on matters like immigration and LGBTQ issues.

The speaker, meanwhile, proclaimed, ā€œHouse Republicans achieved conservative policy wins, rejected extreme Democrat proposals, and imposed substantial cuts while significantly strengthening national defense.ā€

With respect to anti-LGBTQ riders submitted by Republican members, more than 50 were ultimately stripped from the bill, which the Human Rights Campaign celebrated as “a victory,” crediting lawmakers for their “bipartisan, bicameral negotiations.”

Of the 52 anti-LGBTQ riders, only one survived in the $1.2 trillion package passed on Friday: A ban on flying Pride flags at U.S. embassies.

Continue Reading

Congress

Massive defeat for anti-trans, anti-LGBTQ riders in spending bill

Proposal has only one rider that would target community

Published

on

U.S. Capitol
U.S. Capitol (Washington Blade photo by Michael Key)

On Thursday, Congress unveiled the much-anticipated spending bill to avert a government shutdown. The bill, which includes funding for major government departments such as Health and Human Services and Education, featured fierce negotiations over conservative ā€œpolicy riders.ā€ 

These policy riders included bans on coverage for gender-affirming care, DEI bans, sports bans and more. Despite some indications that Democrats might compromise due to the sheer number of conservative policy riders, it appears those fears did not come to fruition. Democrats held firm in negotiations, and the most impactful anti-trans and anti-LGBTQ riders were nowhere to be found.

One policy rider proposed for the Food and Drug Administration would have defunded any hospital that ā€œdistributes, sells or otherwise uses drugs that disrupt the onset of puberty or sexual development for those under 18,ā€ a measure targeting not only transgender youth but also those experiencing precocious puberty. 

Another rider sought to bar any government funding toward ā€œsurgical procedures or hormone therapy for the purposes of gender-affirming careā€ in the Department of Health and Human Services. This move would have significantly impacted private and subsidized insurance in the Healthcare Marketplace. It also aimed to bar the enforcement of President Joe Bidenā€™s executive order titled ā€œPreventing and Combating Discrimination on the Basis of Gender Identity,ā€ which broadened anti-discrimination protections for trans individuals.

Additional riders included bans on funding for any organization thatĀ ā€œpromotes transgenderism,ā€Ā Title IX protections for trans youth, bans on legal challenges against states over anti-LGBTQ+ laws, book bans, DEI bans and more.

In total, over 40 riders were proposed and negotiated in the spending bills. None of these were found in the final bill.

Ultimately, the final spending bill released contained only a single anti-LGBTQ rider: A ban on Pride flags being raised or displayed above foreign embassies. The policy, while certainly qualifying as anti-LGBTQ and a regression to Trump-era policies, notably does not bar personal displays of Pride flags by embassy workers.

In the past, some embassies have gotten around such bans by not ā€œflying a flag over the embassyā€ but rather, painting portions of the embassy in rainbow colors or draping flags on the side of buildings.

News of the defeat of the most impactful anti-trans and anti-LGBTQ riders comes after a significant push from Equality Caucus Democrats and the Biden administration against the riders. ā€œAs you negotiate government funding for Fiscal Year 2024 (FY24), we write to strongly urge you to reject any attempts to include anti-LGBTQ+ provisions in any final FY24 funding agreement,ā€ said a letter signed by 163 representatives on behalf of the Congressional Equality Caucus to the Biden administration.

However, Republicans also pushed hard for their inclusion. In a shutdown threat issued Feb. 21 from the House Freedom Caucus, Republicans indicated that bans on gender affirming care and trans participation in sports were necessary to prevent a potential shutdown.

Previously, U.S. Dan Crenshaw (R-Texas) stated that such bans are the “hill we will die on.” In a report published by Axios, one Republican lawmaker stated, ā€œPeople are predicting a shutdown even if it’s just for a few days.ā€ Others concurred, citing gender affirming care riders as one of the potential reasons for such a shutdown.

Many anti-LGBTQ leaders in the Republican Party reacted negatively to the bill. U.S. Rep. Matt Gaetz (R-Fla.)Ā expressed angerĀ at funding for the New Jersey Garden State Equality in Education Fund, calling it ā€œforce feeding the LGBT agenda in schoolsā€ and stating that it enables ā€œgender mutilation surgeries in minors,ā€ ā€œbiological menā€ in womenā€™s bathrooms and trans participation in sports.

U.S. Rep. Marjorie Taylor Greene (R-Ga.) decried the lack of a DEI ban. U.S. Rep. Andrew Clyde (R-Ga.) stated that Republicans ā€œsurrenderedā€ to Democrats on hormone therapy. The House Freedom Caucus published a lengthy list of healthcare and equality centers that the budget would fund, urging the GOP to vote ā€œnoā€ and to shut down the government.

In a press release published by House Appropriations Democrats, they stated that the bill rejected over a hundred poison-pill riders, many of which targeted LGBTQ people. For example, the Labor-HHS-Education portion of the bill blocked provisions around gender affirming care, sports bans and nondiscrimination.

See the House Appropriations Democrats statement:

Press release, House Appropriations Democrats on Labor-HHS-Education

The bill must pass by Friday evening to avert a government shutdown, though the impacts of such a shutdown would likely not be felt until Monday. If passed, the bill would keep the government funded through September, at which point all of the riders could resurface during the peak of the 2024 presidential election.

However, for the next several months, LGBTQ riders will not pose a significant threat in a year where trans and queer individuals have faced attacks at historic levels.

****************************************************************************

Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

******************************************************************************************

The preceding article was first published at Erin In The Morning and is republished with permission.

Continue Reading

Congress

Padilla, FCC introduce measure to improve 988 Suicide and Crisis Lifeline

HHS launched effort in 2022

Published

on

U.S. Sen. Alex Padilla (D-Calif.) (Screen capture: YouTube)

U.S. Sens. Alex Padilla (D-Calif.) and Thom Tillis (R-N.C.), joined by U.S. Rep. Tony CƔrdenas (D-Calif.), Federal Communications Commission Chairwoman Jessica Rosenworcel and U.S. Secretary of Health and Human Services Xavier Becerra, introduced a measure on Thursday to improve the 988 Suicide and Crisis Lifeline.

Calls are currently routed to mental health professionals and local public safety officials based on the caller’s area code ā€” even though, as the lawmakers and officials noted during their announcement ā€” in many cases, the area code, especially for cell phone numbers, does not match the location from which they are calling.

Under the new proposal, Padilla said, “We’re going to be in a position to be able to provide care as quickly and as safely as possible.”

“In the same way that 911 calls in the case of an emergency are routed to local providers, local first responders, so ambulances can come out and help quickly when you call 911, 988 should be tied to a caller’s location, not their area code,” he said.

Calling Padilla, Tillis, and CĆ”rdenas “great champions of mental health,” Rosenworcel noted, “that’s not our stock and trade” at the FCC.

“We are people who deal with technology and communications,” she said, “but we came to realize that we could work with Congress to make sure that everyone in this country who’s going through a crisis has someone to call and someone who can listen ā€” and that’s why in 2022, we set up 988, the easy-to-remember three digit number for anyone who is in crisis.”

A press release from Padilla’s office explains the details for how the update to the 988 Suicide and Crisis Lifeline will work:

“The Notice of Proposed Rulemaking (NPRM) announced today seeks to address the discrepancies and inefficiencies of the current system by proposing the adoption of a rule that would require a georouting solution to be implemented for all wireless calls to the 9-8-8 Lifeline while balancing the privacy needs of individuals in crisis. 

Georouting refers to technical solutions that enable calls to be directed based on the location of the caller without transmitting the callerā€™s precise location information.Ā These solutions would permit wireless calls to the 9-8-8 Lifeline to be directed to nearby crisis centers based on factors such as the cell tower that originated the call rather than the area code of the wireless device used to place the call.”

The 988 Suicide and Crisis Lifeline offers LGBTQ-affirming counseling, which is accessible by pressing three.

A 2023 survey by the Trevor Project, which included more than 28,000 LGBTQ participants aged 13-24, found that 41 percent had seriously considered suicide within the past year and 56 percent wanted ā€” but were unable to get ā€” mental health care within the last year.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular