Federal Retirement Plan Revises Rules to Include Same-Sex Marriages

Amy Walters/Shutterstock.com

The board that administers the Thrift Savings Plan is changing its rules on spousal rights to include gay federal employees wed in states recognizing same-sex marriages.

The Federal Retirement Thrift Investment Board will determine a TSP enrollee’s marital status based on where the marriage took place or the “jurisdiction of celebration” to ensure same-sex marriages are included for benefits purposes. The interim final rule takes effect on Friday.

The Supreme Court in June declared unconstitutional Section 3 of the 1996 Defense of Marriage Act, which defined marriage as between a man and a woman. The ruling has led agencies including the FRTIB and the Office of Personnel Management to revise regulations on benefits.

While the high court required the TSP board to defer to state law in determining the marital status of TSP participants, the current language in Title 5 of the Code of Federal Regulations directs the TSP board to use the laws in the enrollee’s state of residence to determine marital status for the purposes of distributing death benefits. Conflicting state laws will hinder the board’s ability to administer the TSP “solely in the interest of its participants and beneficiaries,” according to the notice in the Federal Register, since many states still do not recognize same-sex marriage.

That’s why the TSP board has decided to revise the rule to use the “jurisdiction of celebration” criterion. “The current choice-of-law is detrimental to a population of TSP participants and does not serve to defray expenses of administering the Thrift Savings Fund,” the interim rule said.

The board will accept comments on the interim final rule until Oct. 20.

(Image via Amy Walters/Shutterstock.com)

Stay up-to-date with federal news alerts and analysis — Sign up for GovExec's email newsletters.
FROM OUR SPONSORS
JOIN THE DISCUSSION
Close [ x ] More from GovExec
 
 

Thank you for subscribing to newsletters from GovExec.com.
We think these reports might interest you:

  • Sponsored by Brocade

    Best of 2016 Federal Forum eBook

    Earlier this summer, Federal and tech industry leaders convened to talk security, machine learning, network modernization, DevOps, and much more at the 2016 Federal Forum. This eBook includes a useful summary highlighting the best content shared at the 2016 Federal Forum to help agencies modernize their network infrastructure.

    Download
  • Sponsored by CDW-G

    GBC Flash Poll Series: Merger & Acquisitions

    Download this GBC Flash Poll to learn more about federal perspectives on the impact of industry consolidation.

    Download
  • Sponsored by One Identity

    One Nation Under Guard: Securing User Identities Across State and Local Government

    In 2016, the government can expect even more sophisticated threats on the horizon, making it all the more imperative that agencies enforce proper identity and access management (IAM) practices. In order to better measure the current state of IAM at the state and local level, Government Business Council (GBC) conducted an in-depth research study of state and local employees.

    Download
  • Sponsored by Aquilent

    The Next Federal Evolution of Cloud

    This GBC report explains the evolution of cloud computing in federal government, and provides an outlook for the future of the cloud in government IT.

    Download
  • Sponsored by Aquilent

    A DevOps Roadmap for the Federal Government

    This GBC Report discusses how DevOps is steadily gaining traction among some of government's leading IT developers and agencies.

    Download
  • Sponsored by LTC Partners, administrators of the Federal Long Term Care Insurance Program

    Approaching the Brink of Federal Retirement

    Approximately 10,000 baby boomers are reaching retirement age per day, and a growing number of federal employees are preparing themselves for the next chapter of their lives. Learn how to tackle the challenges that today's workforce faces in laying the groundwork for a smooth and secure retirement.

    Download
  • Sponsored by Hewlett Packard Enterprise

    Cyber Defense 101: Arming the Next Generation of Government Employees

    Read this issue brief to learn about the sector's most potent challenges in the new cyber landscape and how government organizations are building a robust, threat-aware infrastructure

    Download
  • Sponsored by Aquilent

    GBC Issue Brief: Cultivating Digital Services in the Federal Landscape

    Read this GBC issue brief to learn more about the current state of digital services in the government, and how key players are pushing enhancements towards a user-centric approach.

    Download
  • Sponsored by CDW-G

    Joint Enterprise Licensing Agreements

    Read this eBook to learn how defense agencies can achieve savings and efficiencies with an Enterprise Software Agreement.

    Download
  • Sponsored by Cloudera

    Government Forum Content Library

    Get all the essential resources needed for effective technology strategies in the federal landscape.

    Download

When you download a report, your information may be shared with the underwriters of that document.