Section 6-B2129. OPTIONAL HEALTH BENEFITS COVERAGE FOR DOMESTIC PARTNERS

 

2129.1The provisions of this section shall be applicable to persons first employed by the District government on or after October 1, 1987 who are eligible for health benefits coverage under the District of Columbia Employees Health Benefits (DCEHB) Program established pursuant to D.C. Official Code § 1-621.02 et seq. (2006 Repl.). Persons first employed before October 1, 1987 who are eligible for federal health benefits coverage pursuant to D.C. Official Code § 1-621.01 (2006 Repl.) are excluded from the provisions of this section.

 

2129.2A person who is eligible for health benefits coverage as specified in Subsection 2129.1 of this section and who meets the criteria specified in Subsection 2129.3 of this section may enroll his or her domestic partner and dependent children of the domestic partner for health benefits coverage under the DCEHB Program. Enrollment may occur upon employment or once annually during the DCEHB Program open enrollment period, as applicable.

 

2129.3In order to enroll a domestic partner and any dependent children of the domestic partner in the DCEHB Program, an eligible employee shall:

 

(a)Have a valid certificate of domestic partnership issued by the D.C. Department of Health; and

 

(b)Present the certificate of domestic partnership to the personnel authority.

 

2129.4

(a)An employee newly registered in a domestic partnership is eligible to enroll his or her domestic partner and any eligible dependents in the DCEHB Program within thirty-one (31) days of the date the domestic partnership registration is issued by the D.C. Department of Health.

 

(b)An eligible employee in a domestic partnership registered in a jurisdiction other than the District of Columbia shall register the domestic partnership with the D.C. Department of Health prior to enrolling his or her domestic partner and any dependents for health benefits coverage pursuant to this section.

 

2129.5As applicable, an eligible employee shall provide proof of the dependency of a child of a domestic partner by presenting to the personnel authority the birth certificate or other legal document demonstrating legal custodial care.

 

2129.6The eligible employee shall assume twenty five percent (25%) of the cost of the health insurance premium for his or her domestic partner and any eligible dependent children, and the District government shall assume the remaining seventy five percent (75%).

 

2129.7Any health insurance premiums pursuant to this section shall be deducted on an after-tax basis directly from the employee’s paycheck. 

 

2129.8A domestic partner may qualify as a dependent, if he or she meets the definition of a dependent, as defined in Title 26 of the United States Code § 152.

 

2129.9 Health benefits for a domestic partner and eligible dependents shall be terminated upon the death of the employee. A surviving domestic partner enrolled as a dependent may convert to an individual health insurance policy directly through the health insurance provider.

 

2129.10 Upon termination of District government service, the eligible employee may elect to continue health benefits coverage as specified in Section 2130 of this chapter, and may include continued health benefits coverage for his or her domestic partner and eligible dependents of the domestic partner.

 

2129.11 An eligible employee shall inform his or her personnel authority, in writing, of any change in the circumstances attested to in the Affidavit of Domestic Partnership for Health Insurance Benefits referenced in Subsection 2129.4 of this section.

 

2129.12 A domestic partnership may be terminated, with or without the consent of both partners, by filing a termination of domestic partnership statement with the D.C. Department of Health. The termination of the domestic partnership shall become effective six (6) months after the date it is filed with the D.C. Department of Health.

 

2129.13 An employee whose domestic partnership is terminated as specified in Subsection 2129.12 of this section shall notify his or her personnel authority within thirty (30) days of the filing of the termination of domestic partnership statement. Health benefits enrollment of the domestic partner and his or her dependents shall continue, at the cost specified in Subsection 2129.6 of this section, during the six (6) months that the termination of the domestic partnership is pending, provided District government employment is maintained.

 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, and in accordance with Title XXI of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-620.01 et seq. (2014 Repl. & 2015 Supp.)); the Health Care Benefits Expansion Amendment Act of 2005, effective April 4, 2006 (D.C. Law 16-82; D.C. Official Code § 32-706 (2012 Repl.)); and Title 26 of the United States Code §§ 125(a) and 152(a)(d)(2).

source

Final Rulemaking published at 39 DCR 6172 (August 21, 1992); as amended by Final Rulemaking published at 50 DCR 3027 (April 18, 2003); as amended by Final Rulemaking published at 56 DCR 3682 (May 8, 2009); as amended by Final Rulemaking published at 63 DCR 10213 (August 5, 2016).