Federal Benefits: Keeping Abreast of Federal Benefit Changes

John Faith
May 18, 2014

Keeping Aware of Federal Benefits Changes

Provisions and guidelines for postal and federal benefits may change often. We need to stay alert for any and all changes that impact our federal retirement benefits now and in the future, The more we know about how our federal retirement benefits work in once we retire the better our next new adventure will be. Let’s discuss a few policy changes that have taken place within the last year.

The Supreme Court declared that Section 3 of the Defense of Marriage Act

(DOMA) was unconstitutional. Therefore some benefits that had been previously denied to certain categories of individuals have now been extended to them. Based on the ruling, the Office of Personnel Management (OPM) has extended marriage-based federal benefits under its purview to federal employees, annuitants, and their same-sex spouses who have legally married in a jurisdiction that permits same-sex marriages, without regard to where they currently live or work. The policy change as stipulated by OPM is deemed a qualifying life event (QLE) which allows changes to be made outside of open season generally 60 days from the date of implementation.

The United States Postal Service (USPS) is following the same provision but for the purpose of family member definitions under leave programs, the Family and Medical Leave Act (FMLA) and relocation. Further for FMLA relevant to a same sex spouse who lives in a State that does not recognize same-sex marriage, the right to leave under FMLA was initially on a temporary basis pending directions from the United States Department of Labor (DOL).

The Department of Labor issued guidance after that period and made it effective on the date the Supreme Court made its ruling (June 26, 2013) declaring that same-sex spouses may be eligible for FMLA Leave to care for a seriously ill spouse or for activities related to a spouse’s military deployment.

It should be noted that DOL’s guidance verifies that only employees living in a state recognizing same-sex marriage can use FMLA leave for an action related to their same-sex spouse. Therefore, the expanded rights are not applicable to same-sex couples who legally marry in one state, but live in another state that does not recognize same sex-marriage.

There are some other policy changes that we will discuss in a separate post regarding other federal benefits. I believe firmly that it is always easier by the inch than the mile to digest all the information that constantly becomes a part of how our benefits work now and how they will work in retirement.

P. S. Always Remember to Share What You Know.