Defense Civilian Personnel Advisory Services

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

2. Historical Background • Presidential Memorandums Directing Executive Agency Action • June 17, 2009 - 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 1400.25, 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. 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. 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