INTERIM DSSR CHANGES TO INCLUDE SAME-SEX DOMESTIC

UNCLAS SECTION 01 OF 02 STATE 067315

SIPDIS, PASS TO ALL USAID MISSIONS

E.O. 12958: N/A
TAGS: ALOW AMGT AFIN
SUBJECT: INTERIM DSSR CHANGES TO INCLUDE SAME-SEX DOMESTIC
PARTNERS

REF: DSSR


1. On June 18, the Secretary of State announced that the
Department is extending the full range of legally
available benefits to same-sex domestic partners of
Department employees sent to serve abroad. On June 17,
President Obama called on the heads of all other
executive departments and agencies to determine what
authority they have to extend such benefits to same-sex
domestic partners. To implement the Secretary's
announcement, the Under Secretary of State for Management
has approved interim changes to the Department of State
Standardized Regulations (DSSR) to include same-sex
domestic partners for purposes of calculations and
payments of allowances. Other agencies may follow-suit
and implement these benefits for their civilian employees
serving overseas.


2. The full text for the interim changes can be found at the
following State Department Intranet site:
http://aoprals.a.state.gov/news_story.asp?new s_id=58.

The changes can also be found at the following Internet site:
http://aoprals.state.gov/content.asp?content_ id=356&menu_id=92

The interim changes carry an effective date of July 5, 2009
for the Department of State. If other agencies decide to
implement the changes as well, they may do so on the same date
or on any subsequent date. Because these are interim changes
and the agency review process has not yet concluded, final
changes will be published with TL: SR 713 dated
8/2/09,available on both the Internet and Intranet websites on
or about 8/3/09. The Internet site address for the final
regulations will be:
http://aoprals.state.gov/content.asp?content_ id=231&menu_id=92

The State Department Intranet site address for the final
regulations will be:
http://aoprals.a.state.gov/content.asp?conten t_id=282&menu_id=86



3. As approved by the Under Secretary, Section 040m will
define "Family" and "family member" as follows:

(1) spouse or domestic partner (the latter as defined by
agency regulations, when the head of agency determines
this is in the interest of the Government),but not
both;


STATE 00067315 002 OF 002


(2) children who are unmarried and under 21 years of age
or, regardless of age, are incapable of self-support.
The term shall include, in addition to natural
offspring, step and adopted children and those under
legal guardianship of the employee, of the spouse, or
of the domestic partner when such children are
expected to be under such legal guardianship at least
until they reach 21 years of age and when dependent
upon and normally residing with the guardian. Any
child or children of a domestic partner of an employee
shall be deemed a stepchild of the employee. (See
Sections 270 and 280 on education allowances and
educational travel.);

(3) parents (including step- and legally adoptive
parents) of the employee, of the spouse, or of the
domestic partner, when such parents are at least 51
percent dependent on the employee for support;

(4) sisters and brothers (including step or adoptive
sisters, or step or adoptive brothers) of the
employee, of the spouse, or of the domestic partner,
when such sisters and brothers are at least 51 percent
dependent on the employee for support, unmarried and
under 21 years of age or, regardless of age, are
incapable of self-support. (See also Sections 270 and
280 on education.);

(5) when determined by the head of agency to be in the
interest of the Government, a father, mother, brother,
sister, son or daughter, regardless of age or
dependency, who acts as the official hostess or
equivalent for an employee who has no spouse or
domestic partner residing with him or her at the post.


4. Other DSSR provisions will be amended to include domestic
partners or domestic partnerships, including Sections 030
(Applicability),120 (Quarters Temporary Subsistence
Allowance),130 (Living Quarters Allowance),240 (Foreign
Transfer Allowance),250 (Home Service Transfer Allowance),
260 (Separate Maintenance Allowance),and 600 (Evacuation
Payments).


5. As set forth in State 066740 (DTG 262320Z JUN 09),in order
to obtain benefits for their same-sex domestic partners,
Department of State employees must: (1) file an affidavit of
eligibility for benefits and obligations (available at
http://hrweb.hr.state.gov/prd/hrweb/dg/pc/sam e_sex_domestic_pa
rtners.cfm ) and, (2) update their OF-126 (Residency and
Dependency Report). In addition, employees serving or
assigned overseas must submit Form SF-1190 (Foreign Allowances
Application, Grant and Report) in order to include newly-
declared family members for overseas allowances purposes.


6. Questions may be addressed to the Office of Allowances
by phone at 202-261-8700, by fax at 202-261-8707, or by
email at allowanceso@state.gov.


7. MINIMIZE CONSIDERED.
CLINTON