80 FR 74817 - Post-DOMA Survivor Annuitant Federal Employees Health Benefit Waiver Criteria
OFFICE OF PERSONNEL MANAGEMENT Federal Register Volume 80, Issue 229 (November 30, 2015)
Federal Register Volume 80, Issue 229 (November 30, 2015)
| Page Range | 74817-74818 | |
| FR Document | 2015-30312 |
[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)] [Notices] [Pages 74817-74818] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30312] ----------------------------------------------------------------------- OFFICE OF PERSONNEL MANAGEMENT Post-DOMA Survivor Annuitant Federal Employees Health Benefit Waiver Criteria AGENCY: U.S. Office of Personnel Management. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The U.S. Office of Personnel Management (OPM) has updated its Waiver Policy on the official OPM Web site \1\ to post the additional criteria OPM will consider when reviewing certain requests for waiver of the Federal Employees Health Benefit (FEHB) Program enrollment eligibility requirements. The updates to the Waiver Policy detail the criteria OPM will consider when reviewing waiver requests from individuals who are receiving a monthly survivor annuity as the surviving same-sex spouse of a Federal employee or annuitant who died on or before June 26, 2013. After an individual who is receiving a monthly annuity as the surviving same-sex spouse of a deceased Federal employee or annuitant is granted a waiver pursuant to section 8905(b) of title 5, U.S. Code, and the applicable procedures, the FEHB enrollment will be effective the first day of the first pay period that begins after the date on which that OPM granted the waiver. The individual may not be enrolled in FEHB retroactively, unless there is clear administrative error. --------------------------------------------------------------------------- \1\ See: https://www.opm.gov/healthcare-insurance/healthcare/reference-materials/reference/annuitants-and-compensationers/#current. FOR FURTHER INFORMATION CONTACT: Chelsea Ruediger, _____________________________________- [email protected], (202) 606-0004. SUPPLEMENTARY INFORMATION: Following the Supreme Court's June 26, 2013 decision in United States v. Windsor, same-sex spouses became eligible family members under a Federal Employees Health Benefits (FEHB) Program enrollment. Because existing same-sex marriages were not recognized by the Federal government before the Windsor decision, all legal same-sex marriages that predated the Windsor decision were treated as new marriages. FEHB enrollees, which included Federal employees and annuitants, had 60 days from June 26, 2013 until August 26, 2013 to submit a request to change their FEHB eligibility enrollment from self- only to self and family, to provide FEHB coverage to their same-sex spouse. See OPM Benefits Administration Letter 13-203 issued July 17, 2013. https://www.opm.gov/retirement-services/publications-forms/benefits-administration-letters/2013/13-203.pdf. However, Federal employees and annuitants who died on or before the date of the Windsor decision, June 26, 2013, did not have an option to elect FEHB coverage for their same-sex spouse. In the ordinary course for a surviving spouse to be enrolled in FEHB after the death of the Federal employee or annuitant, the deceased Federal employee or annuitant must have been enrolled in Self and Family FEHB coverage that covered the surviving spouse at the time of death and the surviving spouse must be entitled to a monthly annuity as the survivor of a deceased Federal employee or annuitant. This means, absent a waiver of the FEHB eligibility requirements codified at 5 U.S.C. 8905(b)(2), individuals who are now receiving a survivor annuity as the surviving same-sex spouse of a deceased employee or annuitant who died on or before June 26, 2013, are not eligible for FEHB enrollment. This notice outlines the updates to the OPM FEHB Eligibility Waiver Policy and identifies the criteria OPM will consider when reviewing waiver requests from individuals who are receiving a monthly survivor annuity benefit as the surviving same-sex spouse of a Federal employee or annuitant who died on or before June 26, 2013. It also prescribes the requirements and enrollment effective dates for these certain survivor annuitants to receive FEHB coverage. Waiver Statute and Implementing Regulations Section 8905(b) of title 5, U.S. Code allows OPM to waive certain FEHB eligibility requirements for an individual if OPM: ``determines that, due to exceptional circumstances, it would be against equity and good conscience not to allow such individual to be enrolled as an annuitant \2\ in a health benefits plan under [chapter 89].'' --------------------------------------------------------------------------- \2\ For purposes of the Federal Employees Health Benefits program, ``annuitant'' has been defined to include, inter alia, a member of a family who receives an immediate annuity as the survivor of an employee. 5 U.S.C. 8901(3)(B). The implementing regulation, promulgated at 5 CFR 890.108, requires the annuitant to provide OPM with evidence of the following in order to be granted a waiver for FEHB enrollment: (1) The individual intended to have FEHB coverage as an annuitant (retiree); (2) The circumstances that prevented the individual from meeting the requirements of 5 U.S.C. 8905(b) were beyond the individual's control; and (3) The individual acted reasonably to protect his or her right to continue coverage into retirement. OPM does not want to penalize an individual who is receiving a survivor annuity as a same-sex spouse and who was not covered by a FEHB Self and Family plan before his/her spouse's death because prior to June 26, 2013, the provisions of the Defense of Marriage Act (DOMA) prevented OPM from recognizing the same-sex marriage. Therefore, we believe it would be against equity and good conscience not to grant a waiver request submitted by such individual. OPM will consider the criteria in 5 CFR 890.108 satisfied given the circumstances presented in the scope of this notice, provided that the appropriate documentation of marriage and death is submitted. OPM will accept the following to meet the requirements above: 1. Proof of a legally valid same-sex marriage performed prior to June 26, 2013, to the deceased annuitant, 2. Proof that the deceased annuitant died on or before June 26, 2013, and 3. Proof that the deceased annuitant was enrolled in FEHB at death. Individuals must submit requests for waiver of the FEHB enrollment eligibility requirements under 5 U.S.C. 8905(b) to OPM in writing. These waiver requests should be mailed to: Office of Personnel Management, Retirement Programs, Attn: Retirement Eligibility Services--HB Waiver Request, 1900 E Street NW.,Room 2416, Washington, DC 20415. In addition, the individual who is seeking a waiver of the FEHB eligibility requirements must have already been adjudicated eligible for a survivor annuity before he or she may seek a waiver under 5 U.S.C. 8905(b). Enrollment Effective Date After an individual who is receiving a survivor annuity as a same- sex spouse [[Page 74818]] is granted a waiver pursuant to 5 U.S.C. 8905(b) and the procedures described above, the FEHB enrollment will be effective the first day of the first pay period that begins after the date on which that OPM granted the waiver. The survivor annuitant may not be enrolled in FEHB retroactively, unless there is clear administrative error. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. [FR Doc. 2015-30312 Filed 11-27-15; 8:45 am] BILLING CODE 6325-63-P
![Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices 74817
suspected or confirmed compromise same-sex spouses became eligible family good conscience not to allow such individual
there is a risk of harm to economic or members under a Federal Employees to be enrolled as an annuitant 2 in a health
property interests, identity theft or Health Benefits (FEHB) Program benefits plan under [chapter 89].’’
fraud, or harm to the security or enrollment. Because existing same-sex The implementing regulation,
integrity of this system or other systems marriages were not recognized by the promulgated at 5 CFR 890.108, requires
or programs (whether maintained by Federal government before the Windsor the annuitant to provide OPM with
OPM or another agency or entity) that decision, all legal same-sex marriages evidence of the following in order to be
rely upon the compromised that predated the Windsor decision were granted a waiver for FEHB enrollment:
information; and (3) the disclosure treated as new marriages. FEHB (1) The individual intended to have
made to such agencies, entities, and enrollees, which included Federal FEHB coverage as an annuitant (retiree);
persons is reasonably necessary to assist employees and annuitants, had 60 days (2) The circumstances that prevented
in connection with OPM’s efforts to from June 26, 2013 until August 26, the individual from meeting the
respond to the suspected or confirmed 2013 to submit a request to change their requirements of 5 U.S.C. 8905(b) were
compromise and prevent, minimize, or FEHB eligibility enrollment from self- beyond the individual’s control; and
remedy such harm. only to self and family, to provide FEHB (3) The individual acted reasonably to
[FR Doc. 2015–30309 Filed 11–27–15; 8:45 am] coverage to their same-sex spouse. See protect his or her right to continue
BILLING CODE P OPM Benefits Administration Letter 13– coverage into retirement.
203 issued July 17, 2013. https:// OPM does not want to penalize an
www.opm.gov/retirement-services/ individual who is receiving a survivor
OFFICE OF PERSONNEL publications-forms/benefits- annuity as a same-sex spouse and who
MANAGEMENT administration-letters/2013/13-203.pdf. was not covered by a FEHB Self and
However, Federal employees and Family plan before his/her spouse’s
Post-DOMA Survivor Annuitant Federal annuitants who died on or before the death because prior to June 26, 2013, the
Employees Health Benefit Waiver date of the Windsor decision, June 26, provisions of the Defense of Marriage
Criteria 2013, did not have an option to elect Act (DOMA) prevented OPM from
AGENCY: U.S. Office of Personnel FEHB coverage for their same-sex recognizing the same-sex marriage.
Management. spouse. Therefore, we believe it would be
ACTION: Notice. In the ordinary course for a surviving against equity and good conscience not
spouse to be enrolled in FEHB after the to grant a waiver request submitted by
SUMMARY: The U.S. Office of Personnel death of the Federal employee or such individual. OPM will consider the
Management (OPM) has updated its annuitant, the deceased Federal criteria in 5 CFR 890.108 satisfied given
Waiver Policy on the official OPM Web employee or annuitant must have been the circumstances presented in the
site 1 to post the additional criteria OPM enrolled in Self and Family FEHB scope of this notice, provided that the
will consider when reviewing certain coverage that covered the surviving appropriate documentation of marriage
requests for waiver of the Federal spouse at the time of death and the and death is submitted.
Employees Health Benefit (FEHB) surviving spouse must be entitled to a OPM will accept the following to
Program enrollment eligibility monthly annuity as the survivor of a meet the requirements above:
requirements. The updates to the deceased Federal employee or 1. Proof of a legally valid same-sex
Waiver Policy detail the criteria OPM annuitant. This means, absent a waiver marriage performed prior to June 26,
will consider when reviewing waiver of the FEHB eligibility requirements 2013, to the deceased annuitant,
requests from individuals who are codified at 5 U.S.C. 8905(b)(2), 2. Proof that the deceased annuitant
receiving a monthly survivor annuity as individuals who are now receiving a died on or before June 26, 2013, and
the surviving same-sex spouse of a survivor annuity as the surviving same- 3. Proof that the deceased annuitant
Federal employee or annuitant who sex spouse of a deceased employee or was enrolled in FEHB at death.
died on or before June 26, 2013. After annuitant who died on or before June Individuals must submit requests for
an individual who is receiving a 26, 2013, are not eligible for FEHB waiver of the FEHB enrollment
monthly annuity as the surviving same- enrollment. eligibility requirements under 5 U.S.C.
sex spouse of a deceased Federal This notice outlines the updates to the 8905(b) to OPM in writing. These
employee or annuitant is granted a OPM FEHB Eligibility Waiver Policy waiver requests should be mailed to:
waiver pursuant to section 8905(b) of and identifies the criteria OPM will Office of Personnel Management,
title 5, U.S. Code, and the applicable consider when reviewing waiver Retirement Programs, Attn: Retirement
procedures, the FEHB enrollment will requests from individuals who are Eligibility Services—HB Waiver
be effective the first day of the first pay receiving a monthly survivor annuity Request, 1900 E Street NW.,Room 2416,
period that begins after the date on benefit as the surviving same-sex spouse Washington, DC 20415.
which that OPM granted the waiver. of a Federal employee or annuitant who In addition, the individual who is
The individual may not be enrolled in died on or before June 26, 2013. It also seeking a waiver of the FEHB eligibility
FEHB retroactively, unless there is clear prescribes the requirements and requirements must have already been
administrative error. enrollment effective dates for these adjudicated eligible for a survivor
certain survivor annuitants to receive annuity before he or she may seek a
FOR FURTHER INFORMATION CONTACT:
FEHB coverage. waiver under 5 U.S.C. 8905(b).
Chelsea Ruediger, chelsea.ruediger@
opm.gov, (202) 606–0004. Waiver Statute and Implementing Enrollment Effective Date
jstallworth on DSK7TPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION: Following Regulations After an individual who is receiving
the Supreme Court’s June 26, 2013 Section 8905(b) of title 5, U.S. Code a survivor annuity as a same-sex spouse
decision in United States v. Windsor, allows OPM to waive certain FEHB
eligibility requirements for an 2 For purposes of the Federal Employees Health
1 See:https://www.opm.gov/healthcare- Benefits program, ‘‘annuitant’’ has been defined to
individual if OPM:
insurance/healthcare/reference-materials/ include, inter alia, a member of a family who
reference/annuitants-and-compensationers/ ‘‘determines that, due to exceptional receives an immediate annuity as the survivor of an
#current. circumstances, it would be against equity and employee. 5 U.S.C. 8901(3)(B).
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![74818 Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices
is granted a waiver pursuant to 5 U.S.C. contract related to the proposed new implementation of its National Global
8905(b) and the procedures described product under 39 U.S.C. 3632(b)(3) and Change Research Plan 2012–2021
above, the FEHB enrollment will be 39 CFR 3015.5. Request, Attachment B. (http://www.globalchange.gov/strategic-
effective the first day of the first pay To support its Request, the Postal plan) hereafter called the Strategic Plan.
period that begins after the date on Service filed a copy of the contract, a That decadal Strategic Plan remains the
which that OPM granted the waiver. copy of the Governors’ Decision continuing blueprint for USGCRP, with
The survivor annuitant may not be authorizing the product, proposed its strategic directions guiding the
enrolled in FEHB retroactively, unless changes to the Mail Classification Program. There are areas, however,
there is clear administrative error. Schedule, a Statement of Supporting where the landscape has changed by
U.S. Office of Personnel Management. Justification, a certification of virtue of significant progress, changing
compliance with 39 U.S.C. 3633(a), and
Beth F. Cobert, scientific or societal urgencies, or
an application for non-public treatment
Acting Director. challenges. This Triennial Update to the
of certain materials. It also filed
[FR Doc. 2015–30312 Filed 11–27–15; 8:45 am] supporting financial workpapers. Strategic Plan (hereafter simply
BILLING CODE 6325–63–P ‘‘Update’’) addresses these areas and
II. Notice of Commission Action their implications for USGCRP. In
The Commission establishes Docket accordance with the Global Change
POSTAL REGULATORY COMMISSION Nos. MC2016–17 and CP2016–23 to Research Act of 1990 (Sec 104, P.L. 101–
consider the Request pertaining to the 606), this public comment period
[Docket Nos. MC2016–17 and CP2016–23;
Order No. 2834] proposed Priority Mail Contract 153 invites the public to provide comments
product and the related contract, and feedback on the Update.
New Postal Product respectively.
The Commission invites comments on DATES: Public comments will be
AGENCY: Postal Regulatory Commission. whether the Postal Service’s filings in accepted through January 30, 2016.
ACTION: Notice. the captioned dockets are consistent ADDRESSES: Comments from the public
with the policies of 39 U.S.C. 3632, may be submitted by any of the
SUMMARY: The Commission is noticing a 3633, or 3642, 39 CFR part 3015, and 39 following methods:
recent Postal Service filing concerning CFR part 3020, subpart B. Comments are
the addition of Priority Mail Contract due no later than December 1, 2015. The • Electronically via http://
153 to the competitive product list. This public portions of these filings can be www.globalchange.gov/notices.
notice informs the public of the filing, accessed via the Commission’s Web site Instructions for submitting comments
invites public comment, and takes other (http://www.prc.gov). are on the Web site.
administrative steps. The Commission appoints Curtis E. • If you are unable to submit
DATES: Comments are due: December 1, Kidd to serve as Public Representative electronically, comments may be
2015. in these dockets. submitted by mail to Attn: Benjamin
ADDRESSES: Submit comments III. Ordering Paragraphs DeAngelo, U.S. Global Change Research
electronically via the Commission’s Program, 1800 G Street NW., Suite 9100,
Filing Online system at http:// It is ordered: Washington, DC 20006. Information
1. The Commission establishes Docket
www.prc.gov. Those who cannot submit submitted by postal mail should allow
Nos. MC2016–17 and CP2016–23 to
comments electronically should contact ample time for processing.
consider the matters raised in each
the person identified in the FOR FURTHER Instructions: Response to this Request
docket.
INFORMATION CONTACT section by
2. Pursuant to 39 U.S.C. 505, Curtis E. for Public Comment is voluntary.
telephone for advice on filing
Kidd is appointed to serve as an officer Mailed comments should be less than
alternatives.
of the Commission to represent the 10 pages. Responses to this Request for
FOR FURTHER INFORMATION CONTACT: interests of the general public in these Public Comment may be posted without
David A. Trissell, General Counsel, at proceedings (Public Representative). change online. OSTP therefore requests
202–789–6820. 3. Comments are due no later than that no business proprietary
SUPPLEMENTARY INFORMATION: December 1, 2015. information, copyrighted information,
4. The Secretary shall arrange for or personally identifiable information be
Table of Contents publication of this order in the Federal
submitted in response to this Request
I. Introduction Register.
for Public Comment. Please note that
II. Notice of Commission Action By the Commission.
III. Ordering Paragraphs
the U.S. Government will not pay for
Stacy L. Ruble, response preparation, or for the use of
I. Introduction Secretary. any information contained in the
In accordance with 39 U.S.C. 3642 [FR Doc. 2015–30225 Filed 11–27–15; 8:45 am] response.
and 39 CFR 3020.30 et seq., the Postal BILLING CODE 7710–FW–P
FOR FURTHER INFORMATION CONTACT:
Service filed a formal request and
associated supporting information to Benjamin DeAngelo, (202) 419–3474,
add Priority Mail Contract 153 to the OFFICE OF SCIENCE AND bdeangelo@usgcrp.gov, U.S. Global
competitive product list.1 TECHNOLOGY POLICY Change Research Program.
jstallworth on DSK7TPTVN1PROD with NOTICES
The Postal Service SUPPLEMENTARY INFORMATION:
contemporaneously filed a redacted Public Input on the Triennial Update to
Background information, additional
the USGCRP Strategic Plan
details, and instructions for submitting
1 Request of the United States Postal Service to
ACTION: Request for public comment. comments can be found at
Add Priority Mail Contract 153 to Competitive
Product List and Notice of Filing (Under Seal) of www.globalchange.gov/notices. For
Unredacted Governors’ Decision, Contract, and SUMMARY: The U.S. Global Change more information about the Strategic
Supporting Data, November 20, 2015 (Request). Research Program is three years into the
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Document Created: 2018-03-01 11:12:27
Document Modified: 2018-03-01 11:12:27
| 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 | Notices | |
| Action | Notice. | |
| Contact | Chelsea Ruediger, | |
| FR Citation | 80 FR 74817 |
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