6142542 Human Resources, Department of - Notice of Final Rulemaking - To Amend Chapter 21, Health Benefits, on Optional coverage for domestic partners

D.C. DEPARTMENT OF HUMAN RESOURCES

 

NOTICE OF FINAL 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. & 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), hereby gives notice that final rulemaking action was taken to adopt the following amendments to Chapter 21 (Health Benefits), of Title 6 (Personnel), Subtitle B (Government Personnel), of the District of Columbia Municipal Regulations (DCMR). 

 

The purpose of the rulemaking is to require an employee who enrolls a domestic partner for health insurance coverage under the D.C. Employee Health Benefits Program to deduct the health insurance premium cost on an after-tax basis, unless the domestic partner meets the definition of “dependent” pursuant to 26 U.S.C. § 152(a).

 

No comments were received to the Notice of Emergency and Proposed Rulemaking published in D.C. Register on May 20, 2016, at 63 DCR 007755, or the Notice of Second Emergency and Proposed Rulemaking published on May 27, 2016 at 63 DCR 008011.  The rules were adopted as final on July 22, 2016 and will become effective upon publication of this notice in the D.C. Register. 

 

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

 

Subsections 2129.7 through 2129.13 of Section 2129, OPTIONAL HEALTH BENEFITS COVERAGE FOR DOMESTIC PARTNERS, are being 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. 

 

2129.8             A 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.