Federal Employees News Digest
Federal Benefits Q&A
- By FEND Staff
- December 03, 2012
Question: “I know that the Defense of Marriage Act prevents OPM from recognizing same-sex marriages for federal workers living in states that allow such unions. If the Supreme Court rules that Section 3 of DOMA is unconstitutional, will OPM immediately recognize legal same sex marriages, or will Congress need to pass legislation to allow OPM to provide spousal benefits?”
Answer: In the event the Supreme Court rules that Section 3 of DOMA is unconstitutional, it would take congressional legislation signed by the president to permit spousal benefits, including survivor annuity benefits, for federal employees who are married to same-sex spouses.