80 FR 66785 - Federal Long Term Care Insurance Program Eligibility Changes
OFFICE OF PERSONNEL MANAGEMENT Federal Register Volume 80, Issue 210 (October 30, 2015)
Federal Register Volume 80, Issue 210 (October 30, 2015)
| Page Range | 66785-66787 | |
| FR Document | 2015-27381 |
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)] [Rules and Regulations] [Pages 66785-66787] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27381] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations [[Page 66785]] OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 875 RIN 3206-AN05 Federal Long Term Care Insurance Program Eligibility Changes AGENCY: U.S. Office of Personnel Management. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The United States Office of Personnel Management (OPM) is issuing a final rule to amend the Federal Long Term Care Insurance Program (FLTCIP) regulation to expand eligibility to apply for coverage under the Program. This rule expands the definition of ``qualified relative'' to include opposite-sex domestic partners of Federal and U.S. Postal Service employees, annuitants, members of the uniformed services, and retired members of the uniformed services. In addition, this rule provides that adult children of domestic partners will be considered one of the types of individuals comprising the statutory term ``qualified relative'' who may apply for FLTCIP coverage. DATES: Effective November 30, 2015. FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst, (202) 606-0004, or by email to Ronald.Brown@opm.gov. SUPPLEMENTARY INFORMATION: On November 13, 2014, OPM published proposed regulations in the Federal Register (79 FR 67377--67379) to (1) Expand the definition of ``qualified relative'' under 5 U.S.C. 9001(5)(D) to include both same-sex and opposite-sex domestic partners of Federal and U.S. Postal Service employees and annuitants and members and retired members of the uniformed services; (2) expand the definition of ``qualified relative'' to include adult children of domestic partners of Federal and U.S. Postal Service employees and annuitants, and members and retired members of the uniformed services; (3) allow the workforce member or his or her domestic partner to provide notice to the employing office if at any time between the time of application and the time coverage is scheduled to go into effect, any of the conditions for a domestic partnership are no longer met, in which case a domestic partnership is deemed terminated; (4) require domestic partners to provide documentation to establish that they meet the criteria for domestic partnership; (5) clarify that once coverage has begun, termination of a domestic partnership does not terminate a domestic partner's insurance coverage as long as the Carrier continues to receive the required premium when due; and (6) make other technical conforming amendments to the FLTCIP rules in connection with the extension of coverage to domestic partners and to adult children of domestic partners. Comments were requested to be received on or before January 12, 2015. After reviewing the comments received OPM is issuing the final regulation as proposed. Analysis of and Response to Public Comments We received three comments on the proposed rule. All commenters expressed support for the proposed rule that extends important coverage to domestic partners and to children of domestic partners under the FLTCIP. One commenter approved the wording of the proposed rule with no suggested changes and this comment is not addressed. Below, please find our response to the remaining two comments we received. Comment: The commenter had concerns as to the wording or the implications of this expansion primarily concerning states that do not recognize domestic partnerships, and requested to know how eligibility would be treated for qualified partners in states that do not recognize domestic partnerships. The commenter requested to know whether a couple that is considered, and could register as a domestic partnership in one state would be deemed ineligible in a state that does not recognize and does not register domestic partnerships or whether this would prohibit same-sex partnerships in states that prevent same-sex marriage. This commenter also noted that the FLTCIP regulation explains that one would not be deemed eligible if related in a way that would prohibit legal marriage in the U.S. jurisdiction in which the domestic partnership was formed and requested further clarification of how would this impact same-sex domestic partnerships in states that prevent same-sex marriage. Response: The proposed and final regulations expand the definition of ``qualified relative'' to cover all individuals who are domestic partners (both same-sex and opposite-sex) of Federal and U.S. Postal Service employees, annuitants, members of the uniformed services, and retired members of the uniformed services no matter their state of residence. The regulation allows coverage for individuals who certify to their employing office that they meet the criteria in the regulatory definition of domestic partnership. The requirement in paragraph (v)(ii) of the definition of domestic partnership does not prevent those who reside in states that prohibit same-sex marriage to register as domestic partners. The requirement is meant to prevent those who are related by blood to certify to a domestic partnership as determined by their state of residence. This requirement already applies to same-sex domestic partners who can currently apply for coverage. Comment: The commenter recommended that we amend the proposed rulemaking to ensure that all children of same-sex parents are eligible to access FLTCIP Benefits, regardless of their parents' ability to marry. The commenter stated that this can be achieved by redefining an eligible child to include the child of a person standing in loco parentis, where in loco parentis means those persons with day-to-day responsibilities to care for and financially support a child, and with whom a biological or legal relationship is not necessary. Response: The proposed rule clarifies that OPM intends for children of domestic partners to be treated the same as currently eligible individuals. The eligibility of the stepchild does not depend upon the parent's ability to marry. The FLTCIP regulation provides that a ``stepchild,'' as defined in the proposed rule, may qualify for FLTCIP coverage as a qualified relative, if all eligibility requirements are met. The [[Page 66786]] stepchild must be the child of the spouse or domestic partner of an employee, annuitant, member of the uniformed services, or retired member of the uniformed services. The stepchild(ren) may apply for coverage even if the employee does not apply, and his or her eligibility for FLTICP coverage is determined independent of the workforce member's ability to marry. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation only adds additional groups to the list of groups eligible to apply for coverage under the FLTCIP. The FLTCIP is a voluntary, self-pay, benefits program with no Government contribution. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. Federalism We have examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or tribal governments. List of Subjects in 5 CFR Part 875 Administrative practice and procedure, Employee benefit plans, Government contracts, Government employees, health insurance, military personnel, organization and functions, Retirement. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. Accordingly, OPM is amending 5 CFR part 875 as follows: PART 875--FEDERAL LONG TERM CARE INSURANCE PROGRAM 0 1. The authority citation for 5 CFR part 875 continues to read as follows: Authority: 5 U.S.C. 9008. Subpart A--Administration and General Provisions 0 2. Section 875.101 is amended by revising the definitions of ``domestic partner'' and ``domestic partnership'' and by adding in alphabetical order a definition of ``stepchild(ren)'' to read as follows: Sec. 875.101 Definitions. * * * * * Domestic partner is defined as a person in a domestic partnership with an employee, annuitant, member of the uniformed services, or retired member of the uniformed services. Domestic partnership means: (1) A committed relationship between two adults, of the opposite sex or same sex, in which the partners-- (i) Are each other's sole domestic partner and intend to remain so indefinitely; (ii) Maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle); (iii) Are at least 18 years of age and mentally competent to consent to a contract; (iv) Share responsibility for a significant measure of each other's financial obligations; (v) Are not married or joined in a civil union to anyone else; (vi) Are not a domestic partner of anyone else; (vii) Are not related in a way that would prohibit legal marriage in the U.S. jurisdiction in which the domestic partnership was formed; (viii) Provide documentation demonstrating fulfillment of the requirements of paragraphs (1)(i) through (vii) of this definition as prescribed by OPM; and (ix) Certify that they understand that willful falsification of the documentation described in paragraph (1)(viii) of this definition may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification and may constitute a criminal violation under 18 U.S.C. 1001. (2) You or your domestic partner must notify the employing office if at any time between the time of application and the time coverage is scheduled to go into effect, any of the conditions listed in paragraphs (1)(i) through (vii) of this definition are no longer met, in which case a domestic partnership is deemed terminated. Such notification must be made as soon as possible, but in no event later than thirty calendar days after such conditions are no longer met. * * * * * Stepchild(ren), as set forth in section 9001 of title 5, United States Code, means the child(ren) of the spouse or domestic partner of an employee, annuitant, member of the uniformed services, or retired member of the uniformed services. * * * * * Subpart B--Eligibility 0 3. Section 875.208 is revised to read as follows: Sec. 875.208 May I apply as a qualified relative if the person on whom I am basing my eligibility status has died? You may not apply as a qualified relative if the workforce member on whom you are basing your qualified relative status died prior to the time you apply for coverage, unless you are receiving a survivor annuity as the spouse or an insurable interest annuity as the domestic partner of a deceased workforce member. In this case, your adult children and your current spouse or domestic partner are also considered to be qualified relatives. 0 4. In Sec. 875.213, paragraph (a) is revised to read as follows: Sec. 875.213 May I apply as a qualified relative if I am the domestic partner of a workforce member? (a) You may apply for coverage as a qualified relative if you are a domestic partner, as described in Sec. 875.101 of this chapter. As prescribed by OPM, you will be required to provide documentation to demonstrate that you meet these requirements, and you must submit to full underwriting requirements. However, as explained in Sec. 875.210 of this chapter, if you lose your status as a domestic partner, and therefore a qualified relative, before your coverage goes into effect, you are no longer eligible for FLTCIP coverage. * * * * * Subpart D--Coverage 0 5. Section 875.405 is revised to read as follows: Sec. 875.405 If I marry, may my new spouse apply for coverage; if I become a domestic partner, may my new domestic partner apply for coverage; and may other qualified relatives apply for coverage? (a) Marriage. (1) If you are an active workforce member and you have married, your spouse is eligible to submit an application for coverage under this section within 60 days from the date of your marriage and will be subject to the underwriting requirements in force for the spouses of active workforce members during the most recent open season. You, however, are not eligible for abbreviated underwriting because of your marriage. You, your spouse, or both you and your spouse may apply for coverage during this 60-day period, but full underwriting will be required for you. After 60 days from the date of your marriage, you and/or your spouse may still apply for [[Page 66787]] coverage but will be subject to full underwriting. (2) If you are an active workforce member and you have entered into a domestic partnership, your domestic partner is eligible to submit an application for coverage under this section at any time from the commencing date of your domestic partnership and will be subject to full underwriting requirements. You are not eligible for abbreviated underwriting because of your domestic partnership. You, your domestic partner, or both you and your domestic partner may apply for coverage at any time, but full underwriting will be required for both of you. (b) Domestic partnership. The new spouse or domestic partner of an annuitant or retired member of the uniformed services may apply for coverage with full underwriting at any time following the marriage or commencing date of the domestic partnership. (c) Other qualified relatives. Other qualified relative(s) of a workforce member may apply for coverage with full underwriting at any time following the marriage or commencing date of the domestic partnership. 0 6. In Sec. 875.412, the introductory text is revised and paragraph (e) is added to read as follows: Sec. 875.412 When will my coverage terminate? Except as provided in paragraph (e) of this section, your coverage will terminate on the earliest of the following dates: * * * * * (e) Termination of a domestic partnership does not terminate insurance coverage as long as the Carrier continues to receive the required premium when due. [FR Doc. 2015-27381 Filed 10-29-15; 8:45 am] BILLING CODE 6325-63-P
![Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations 66787
coverage but will be subject to full DATES: This interim final rule is commenter who chooses to submit
underwriting. effective on October 30, 2015. Submit comments using email will not be
(2) If you are an active workforce written comments concerning this disclosed unless it appears in comments
member and you have entered into a interim final rule on or before December attached to an email or in the body of
domestic partnership, your domestic 29, 2015. a comment.
partner is eligible to submit an ADDRESSES: Submit your comments
FOR FURTHER INFORMATION CONTACT:
application for coverage under this concerning this interim final rule by one
section at any time from the of the following methods and in William D. Spencer, Clerk of the Board,
commencing date of your domestic accordance with the relevant Merit Systems Protection Board, 1615 M
partnership and will be subject to full instructions: Street NW., Washington, DC, 20419;
underwriting requirements. You are not Email: mspb@mspb.gov. Comments phone: (202) 653–7200; fax: (202) 653–
eligible for abbreviated underwriting submitted by email can be contained in 7130; or email: mspb@mspb.gov.
because of your domestic partnership. the body of the email or as an SUPPLEMENTARY INFORMATION: This
You, your domestic partner, or both you attachment in any common electronic interim final rule is necessary because
and your domestic partner may apply format, including word processing in Bernard v. Dep’t of Agric., 788 F.3d
for coverage at any time, but full applications, HTML and PDF. If 1365, 1367–70 (Fed. Cir. 2015), the
underwriting will be required for both possible, commenters are asked to use a United States Court of Appeals for the
of you. text format and not an image format for Federal Circuit held that the MSPB’s
(b) Domestic partnership. The new attachments. An email should contain a
regulations provide no clear guarantee
spouse or domestic partner of an subject line indicating that the
that parties are authorized to undertake
annuitant or retired member of the submission contains comments
discovery in enforcement proceedings.
uniformed services may apply for concerning the MSPB’s interim final
rule. The MSPB asks that commenters This interim final rule amends the
coverage with full underwriting at any MSPB’s regulations to address this
time following the marriage or use email to submit comments if
possible. Submission of comments by holding and make clear that the parties
commencing date of the domestic
email will assist the MSPB to process have a right to discovery in such cases
partnership.
(c) Other qualified relatives. Other comments and speed publication of a under the Board’s existing discovery
qualified relative(s) of a workforce final rule. procedures.
member may apply for coverage with Fax: (202) 653–7130. Comments Amendments Made by This Interim
full underwriting at any time following submitted by fax should be addressed to
Final Rule
the marriage or commencing date of the William D. Spencer and contain a
domestic partnership. subject line indicating that the A new provision, section
submission contains comments 1201.183(a)(9), is inserted to make clear
■ 6. In § 875.412, the introductory text
concerning the MSPB’s interim final that discovery may be undertaken in
is revised and paragraph (e) is added to
rule. enforcement matters. This new
read as follows: Mail or other commercial delivery: provision makes clear that the Board’s
§ 875.412 When will my coverage Comments submitted by mail should be regular discovery procedures apply in
terminate? addressed to William D. Spencer, Clerk
enforcement matters and sets a deadline
Except as provided in paragraph (e) of of the Board, Merit Systems Protection
by which initial discovery requests must
this section, your coverage will Board, 1615 M Street NW., Washington,
DC 20419. be filed. As in other Board cases, this
terminate on the earliest of the deadline may be changed by the judge.
Hand delivery or courier: Comments
following dates:
submitted by hand delivery or courier Justification for Use of Interim Final
* * * * * should be addressed to William D.
(e) Termination of a domestic Rule
Spencer, Clerk of the Board, Merit
partnership does not terminate Systems Protection Board, 1615 M Ordinarily, the Administrative
insurance coverage as long as the Carrier Street NW., Washington, DC 20419, and Procedure Act (APA) requires an agency
continues to receive the required delivered to the 5th floor reception to provide notice of proposed
premium when due. window at this street address. Such rulemaking and a period of public
[FR Doc. 2015–27381 Filed 10–29–15; 8:45 am] deliveries are only accepted Monday comment before the promulgation of a
BILLING CODE 6325–63–P through Friday, 9 a.m. to 4:30 p.m., new regulation. 5 U.S.C. 553(b) and (c).
excluding Federal holidays. However, section 553(b) of the APA
Instructions: As noted above, the specifically provides that the notice and
MERIT SYSTEMS PROTECTION MSPB requests that commenters use comment requirements do not apply:
BOARD email to submit comments, if possible.
All comments received will be made (A) To interpretative rules, general
5 CFR Part 1201 available online at the Board’s Web site, statements of policy, or rules of agency
including any personal information organization, procedure, or practice; or
Practices and Procedures provided, unless the comment includes (B) when the agency for good cause
AGENCY: Merit Systems Protection information claimed to be Confidential finds (and incorporates the finding and
Board. Business Information or other a brief statement of reasons therefor in
ACTION: Interim final rule. information whose disclosure is the rules issued) that notice and public
restricted by law. Those desiring to procedure thereon are impracticable,
SUMMARY: The Merit Systems Protection submit anonymous comments must unnecessary, or contrary to the public
Lhorne on DSK5TPTVN1PROD with RULES
Board (MSPB or the Board) hereby submit comments in a manner that does interest. The APA also requires the
amends its rules of practice and not reveal the commenter’s identity, publication of any substantive rule at
procedure to clarify that parties have a include a statement that the comment is least thirty days before its effective date,
right to discovery under the MSPB’s being submitted anonymously, and 5 U.S.C. 553(d), except where the rule
existing discovery procedures in include no personally-identifiable is interpretive, where the rule grants an
compliance proceedings. information. The email address of a exception or relieves a restriction, or ‘‘as
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Document Created: 2015-12-14 15:29:19
Document Modified: 2015-12-14 15:29:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective November 30, 2015. | |
| Contact | Ronald Brown, Policy Analyst, (202) 606-0004, or by email to [email protected] | |
| FR Citation | 80 FR 66785 | |
| RIN Number | 3206-AN05 | |
| CFR Associated | Administrative Practice and Procedure; Employee Benefit Plans; Government Contracts; Government Employees; Health Insurance; Military Personnel; Organization and Functions and Retirement |
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