The Domestic Partnership Benefits and Obligations Act
Support Equal Treatment in Benefits for Federal Employees
Background
The Human Rights Campaign (HRC), the nation's largest lesbian, gay, bisexual and transgender political organization, strongly supports the Domestic Partnership Benefits and Obligations Act. In the 110th Congress the Senate bill, S. 2521, was introduced by Senators Lieberman (D-CT) and Smith (R-OR). In the House, Representatives Baldwin (D-WI), Waxman (D-CA), Davis, T. (R-VA), and Shays (R-CT) introduced H.R. 4838.
The Domestic Partnership Benefits and Obligations Act would provide domestic partnership benefits to all federal civilian employees on the same basis as spousal benefits. These benefits, available for both same- and opposite-sex domestic partners of federal employees, would include participation in applicable retirement programs, compensation for work injuries, and life and health insurance benefits.
Corporate America is Leading the Way
By offering health benefits to the domestic partners of federal employees, this bill will bring employment practices in the federal government in line with those of America’s largest and most successful corporations. Fifty-six percent of Fortune 500 companies provide domestic partner benefits to their employees. Many of America’s leading companies, including the “Big Three” automakers, defense giant Raytheon, IBM, Microsoft, Shell Oil, Walt Disney, Fannie Mae, Citigroup, Xerox, AOL Time Warner, and United and American Airlines offer these benefits. In addition, 16 states and over local governments offer their public employees domestic partnership benefits. These include cities in every part of the country, from Los Angeles to New York City, to Madison, Wisconsin and Iowa City.Equal Pay for Equal Work
In addition, by offering domestic partnership benefits, the federal government would not only improve the quality of its workforce, but also demonstrate its commitment to fairness and equality for all Americans. Benefits comprise a significant portion of all employee compensation. By not offering domestic partnership benefits to its employees, the federal government is not providing equal pay for the equal work of these employees. The legislation would also require domestic partners to have the same obligations under federal law.
Majority Support from the American Public
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, the American Federation of State, County and Municipal Employees, Harvard University, the National Treasury Employees Union, and the United Church of Christ.
What is the Current Status of the Bill?
Senator Joe Lieberman (D-CT) introduced The Domestic Partnership Benefits and Obligations Act in the Senate and the bill currently has 22 cosponsors. The bill was referred to the Committee on Homeland Security and Government Affairs, which held a hearing on September 24, 2008. In that hearing Chairman Lieberman and ranking Republican Senator Susan Collins (R-ME), along with representatives of labor and corporate America, expressed their strong support for the measure. In the House, the bill currently has 90 cosponsors. It has been referred to the Subcommittee on Federal Workforce, Post Office, and the District of Columbia.
Conclusion
It is time for the federal government to have the ability to retain the best employees, through giving equal treatment to its gay, lesbian, and other unmarried employees in committed relationships.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
- Human Rights Campaign Statement on Introduction of the Domestic Partnership Benefits and Obligations Act
- Domestic Partnership Benefits Obligation Act Bill Text H.R. 4838 (PDF)
- Domestic Partnership Benefits Obligation Act Bill Text S. 2521 (PDF)
- HRC's Health Care Access testimony from McDermott hearing (PDF)
Last Updated: Tuesday, October 07, 2008
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