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The Domestic Partnership Benefits and Obligations Act

Support Equal Treatment in Benefits for Federal Employees

S. 1102, H.R. 2517

The Problem

Benefits, such as health insurance and retirement savings, are a significant portion of employee compensation. Although the federal government—the nation’s largest civilian employer—offers attractive family benefits to employees with different-sex spouses, it does not offer the same benefits to lesbian and gay workers with partners.  As a result, these employees do not receive equal pay for their equal contributions, and the government cannot keep pace with leading private-sector employers—including many federal contactors—in recruiting and retaining top talent. 

 

What is the Domestic Partnership Benefits and Obligations Act?

The Domestic Partnership Benefits and Obligations Act (DPBO) would provide the same family benefits to lesbian and gay federal civilian employees as are already provided to employees with different-sex spouses.   To receive benefits, employees would have to submit an affidavit of eligibility for benefits with the Office of Personnel Management, certifying that the employee and domestic partner meet necessary criteria, as provided in the Act.

DPBO is Consistent With Leading Employers’ Policies

DPBO would bring employment practices in the federal government in line with those of America’s largest and most successful corporations.  Fifty-nine percent of Fortune 500 companies provide domestic partner benefits to their employees.  In addition, 22 states, the District of Columbia, and over 150 local governments make benefits available to public employees and their same-sex partners.   A May 2000 poll conducted by the Associated Press found that a majority of Americans favor the extension of health insurance coverage to same-sex partners.  In addition, this legislation has been endorsed by the American Federation of Government Employees, American Federation of State, County and Municipal Employees, Harvard University, National Treasury Employees Union and United Church of Christ.

What is the Current Status of the Bill?

DPBO was introduced in the 111th Congress by Senators Joe Lieberman (ID-CT) and Susan Collins (R-ME) in the Senate and by Representatives Tammy Baldwin (D-WI) and Ileana Ros-Lehtinen (R-FL) in the House.  On July 8, 2009, the U.S. House Oversight and Government Reform Subcommittee on Federal Workforce, Postal Service, and the District of Columbia held a hearing on DPBO.  This subcommittee then held a successful markup of the bill on July 30, 2009, and it now moves ahead to consideration by the full House Oversight and Government Reform Committee.  In the Senate, the Committee on Homeland Security and Government Affairs held a hearing on DPBO on October 15, 2009.

 

How the Domestic Partnership Benefits and Obligations Act Would Work-- Who’s eligible?

Same- or opposite-sex couples who:

  • Include a federal government employee, excluding members of the armed forces, and his/her domestic partner;
  • Live together in a committed, intimate relationship; and
  • Are responsible for each other’s welfare and financial obligations.

How to apply

Submission of affidavit of eligibility for benefits with the Office of Personnel Management, certifying that the employee and domestic partner meet necessary criteria, as provided in the act.

Benefits available to domestic partners of government employees:

  • Participation in Civil Service Retirement program, if applicable, similar to spouses of government employees;
  • Participation in Federal Employees’ Retirement program, if applicable, similar to spouses;
  • Life insurance, similar to spouses;
  • Health insurance, similar to spouses; and
  • Compensation for work injuries, similar to spouses.

Dissolution of domestic partnership
  • Because of death of government employee: domestic partner is deemed a spouse for purposes of receiving benefits.
  • Because of break-up of the relationship: results in termination of benefits received under the act, except for continuation of health benefits for 60 days, where domestic partner pays for benefits as under COBRA.
  • Upon dissolution by break-up, employee or domestic partner must file statement of dissolution of the domestic partnership within 30 days of termination.  

More on the Domestic Partnership Benefits Obligation Act

Last Updated: Thursday, September 17, 2009