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Federal Benefits Q&A

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?”

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.

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