6027306 Human Resources, Department of - Notice of Emergency and Proposed Rulemaking - To amend Chapter 21, Health Benefits, to deduct health insurance premiums for domestic partners on an after-tax basis

D.C. DEPARTMENT OF HUMAN RESOURCES

 

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

 

The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to 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.)), and 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.)),  hereby gives notice of the adoption, on an emergency basis, of an amendment to Section 2129, entitled “Optional Health Benefits Coverage for Domestic Partners,” of Chapter 21 (Health Benefits), of Title 6 (Personnel), Subtitle B (Government Personnel) of the District of Columbia Municipal Regulations (DCMR). 

 

This rule will require an employee who enrolls a domestic partner for health insurance coverage under the D.C. Health Benefits Program to deduct the health insurance premiums on an after tax basis, pursuant to 26 U.S.C. § 125. The utilization of emergency rulemaking is the only available means of complying with this requirement and, thereby, providing for the payment of health insurance premiums on an after-tax basis, as required by the IRS. Therefore, to ensure that the health insurance premium payments are in compliance with federal law, action was taken on February 25, 2016 to adopt the following rules on an emergency basis effective February 26, 2016. These rules will remain in effect for up to one hundred twenty (120) days from February 25, 2016 unless earlier superseded by another rulemaking notice. 

 

The Director also gives notice of the intent to adopt this rule in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.  Upon adoption, this rule will amend Chapter 21 (Health Benefits), of Title 6-B DCMR, published at 50 DCR 3027 (April 18, 2003) and 56 DCR 003667 (May 8, 2009).

 

D.C. PERSONNEL REGULATIONS

 

Chapter 21, HEALTH BENEFITS, of Title 6-B DCMR, GOVERNMENT PERSONNEL, is amended as follows:

 

Subsection 2129.7 of Section 2129, OPTIONAL HEALTH BENEFITS COVERAGE FOR DOMESTIC PARTNERS, is amended to read as follows: 

 

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

 

 

Comments on this emergency and proposed regulation should be submitted, in writing, within thirty (30) days of the date of the publication of this notice, to Mr. Justin Zimmerman, Associate Director, Policy and Compliance Administration, D.C. Department of Human Resources, 441 4^th Street, N.W., Suite 330S, Washington D.C. 20001, or via email at [e-mail].  Additional copies of this proposed regulation is available at the above address.