Implementing Benefits for Same-Sex Domestic

UNCLAS STATE 066740


FROM U/S KENNEDY

E.O. 12958: N/A
TAGS: AMGT APER
SUBJECT: Implementing Benefits for Same-Sex Domestic
Partners of Foreign Service Employees Serving Abroad

Ref: State 063819



1. Last Thursday, the Secretary announced that the
Department is extending the full range of legally
available benefits to same-sex domestic partners of
members of the Foreign Service sent to serve abroad. I
am pleased to advise that the implementing changes to
the Foreign Affairs Manual (FAM) will be effective for
the Department of State on June 26, 2009. If other
agencies decide to implement these changes as well, they
may choose the same date or any subsequent date.


2. The interim changes to the FAM are available on line
at
http://hrweb.hr.state.gov/prd/hrweb/dg/pc/sam e_sex_domes
tic_partners.cfm . We expect them to be published in
final within 30 days, following interagency review. We
encourage you to review them to gain a fuller
understanding of the benefits extended in reftel.


3. To obtain benefits for their same-sex domestic
partners, employees must: (1) file an affidavit of
eligibility for benefits and obligations (also available
at
http://hrweb.hr.state.gov/prd/hrweb/dg/pc/sam e_sex_domes
tic_partners.cfm) and, (2) update their OF-126
(Residency and Dependency Report, see para 6). Please
read and consider the affidavit carefully before
signing.


4. Domestic partners must also comply with the same
security requirements and undergo the same background
review as spouses. Domestic partners must also have a
valid medical clearance for the post of assignment.
Those already at post should follow the procedures for a
newly acquired dependent - they will be given access to
the overseas health unit for up to 90 days pending
completion of their medical clearance. It is important
to note that domestic partners must have health
insurance as the Department acts only as a secondary
payer in event of overseas hospitalization.


5. As per the FAM regulations, the affidavit must
affirm, among other things, that the employee and
his/her domestic partner:

(a) are each other's sole domestic partner and intend to
remain committed to one another indefinitely;
(b) have a common residence, and intend to continue the
arrangement;
(c) are at least 18 years of age and mentally competent
to consent to contract;
(d) share responsibility for a significant measure of
each other's common welfare and financial obligations;
(e) are not married to, joined in civil union with, or
domestic partners with anyone else; and
(f) are same-sex domestic partners, and not related in a
way that would prohibit legal marriage in the State in
which we reside.


6. For State employees, both documents should be
directed to your Assignment Technician in HR/EX. The
OF-126 must be filed electronically. An updated version
is available to each employee through his/her GEMS
account on HR Online. The signed affidavit can be e-
mailed to your assignment technician at "HR-EX-ASU" on
the Global Address List or faxed to 202-663-0449. You
may file these forms immediately.


7. Employees of other foreign affairs agencies should
consult their Human Resources Office for filing
instructions. We offer that the OF-0126, available on
the Department of State's intranet, might be amended
with a pen-and-ink change to add "domestic partner" in
the box requesting "relationship".


8. Additional instructions and guidance will be issued
in the coming days on specific benefits. In addition,
while we are willing to offer diplomatic and official
passports to eligible US citizen domestic partners,
diplomatic visas and work eligibility for them depends
upon host governments. In this regard, bilateral work
agreements may have to be renegotiated.


9. As we proceed to implement this important
initiative, we welcome any suggestions you may have for
improvement.


10. Minimize considered.


CLINTON