DC Employees' Health Benefits

Contents

2129 OPTIONAL SELF-FINANCED HEALTH BENEFITS COVERAGE FOR DOMESTIC PARTNERS

2129.1 The 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 Program established pursuant to D.C. Official Code § 1-621.02 et seq.

2129.2 A person who is eligible for health benefits coverage as specified in § 2129.1 may elect to enroll his or her domestic partner and the dependent children of the domestic partner upon employment, or once annually during the District of Columbia Employees Health Benefits Program open enrollment period.

2129.3 Notwithstanding the provisions of § 2129.2, employees newly registered in a domestic partnership are eligible to enroll their domestic partners and their dependents in the District of Columbia Employees Health Benefits Program within thirty-one (31) days of the date the domestic partnership registration is issued by the D.C. Department of Health.

2129.4 In order to enroll a domestic partner and any dependent children of the domestic partner in the District of Columbia Employees Health Benefits Program, an eligible employee shall:

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

(2) Present such certificate to the personnel authority; and

(3) Complete an Affidavit of Domestic Partnership for Health Insurance Benefits with the personnel authority.

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

2129.6 The eligible employee shall assume one hundred percent (100%) of the cost of the health insurance premium for his or her domestic partner and any eligible dependent children.

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 Health benefits for domestic partners and their dependents shall be terminated upon the death of the employee. Surviving domestic partners who are enrolled as dependents may convert to an individual health insurance policy directly through the health insurance provider(s).

2129.9 Upon termination of District government service, the eligible employee may elect to continue health benefits coverage as specified in § 2130 of this chapter, and may include continued health benefits coverage for his or her domestic partner and the dependents of the domestic partner.

2129.10 An eligible employee shall inform his or her personnel authority, in writing, of any change in the circumstances attested to in the Domestic Partnership for Health Insurance Benefits Affidavit referenced in § 2129.4.

2129.11 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 statement filed shall become effective six (6) months after the date the statement is filed with the D.C. Department of Health.

2129.12 An employee who terminates a domestic partnership as specified in § 2129.11 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 of the eligible District employee, during the six (6) months that the termination of the domestic partnership is pending, provided District government employment is maintained.

2130 CONTINUED HEALTH BENEFITS COVERAGE

2130.1 A person who is eligible for health benefits coverage in accordance with D.C. Official Code § 1-621.02 et seq., but who subsequently loses eligibility for coverage, may elect to continue coverage as provided in this section without regard to benefits available under any temporary extension of coverage or any non-group contract.

2130.2 Such a person may elect to continue health benefits coverage if the person is any of the following:

(a) An employee eligible for health benefits under this section who is separated from service on or after December 14, 1990, whether voluntarily or involuntarily, and, on the day before being separated from service, was enrolled in a health plan under this title;

(b) A person who ceases to be an unmarried dependent child on or after December 14, 1990, and was covered as a member of a family of an employee or annuitant under a health benefits plan on the day before ceasing to be an unmarried dependent child; or

(c) A person who ceases to be a spouse on or after December 14, 1990, and was covered as a family member of an employee or annuitant under a health benefits plan at some time during the preceding eighteen (18) months before the marriage ended, but who is not eligible to enroll for health benefits in accordance with D.C. Official Code § 1-529.01 et seq. because he or she either has remarried before reaching age fifty-five (55) or is not entitled to a portion of the employee's or annuitant's annuity benefit or a survivor benefit based on the employee's or annuitant's service.

2130.3 The personnel authority shall give written notice to any employee described in § 2130.2(a) stating that the employee may elect to continue health benefits coverage prior to the expiration of thirty (30) days after the date on which coverage would otherwise end.

2130.4 The personnel authority, within fourteen (14) work days of receiving notice from the employee or annuitant, shall give notice to any person described in § 2130.2(b) stating that the person may elect to continue health benefits coverage under this title, if the employee or annuitant has provided appropriate written notice to the personnel authority prior to the expiration of sixty (60) days after the date that such a person ceased to be an unmarried dependent child.

2130.5 The personnel authority, within fourteen (14) work days of receiving notice from the employee, annuitant, or former spouse, shall give notice to any person described in § 2130.2(c) that the person may elect to continue health benefits coverage under this title, if the employee, annuitant, or the person himself or herself has provided written notice to the personnel authority prior to the expiration of sixty (60) days after the date such person ceased to be a spouse.

2130.6 In order to continue health benefits coverage, an employee described in § 2130.2(a) shall submit an appropriate written election prior to the expiration of sixty (60) days from the later of any of the following:

(a) The effective date of separation from service;

(b) The date that notice required by § 2130.3 was given to the employee; or

(c) In the event that the notice required by § 2130.3 was mailed, the date the notice was posted.

2130.7 In order to continue health benefits coverage, a person described in § 2130.2(b) shall submit an appropriate written election prior to the expiration of sixty (60) days from the later of any of the following:

(a) The date the person ceased to be an unmarried dependent child;

(b) The date that the notice required by § 2130.4 was given to the person; or

(c) In the event that the notice required by § 2130.4 was mailed, the date the notice was posted.

2130.8 In order to continue health benefits coverage, a person described in § 2130.2(c) shall submit an appropriate written election prior to the expiration of sixty (60) days from the later of any of the following:

(a) The date the person ceased to be a spouse of an employee;

(b) The date the person ceased to be eligible for health benefits under the provisions of D.C. Official Code § 1-529.01 et seq.;

(c) The date the notice required by § 2130.5 was given to the person; or

(d) In the event that the notice required by § 2130.5 was mailed, the date the notice was posted.

2130.9 An election made in accordance with either § 2130.6, § 2130.7, or § 2130.8 may be for coverage either as an individual or family.

2130.10 If the person's coverage expires before the person makes an election in accordance with either § 2130.6 or § 2130.7, that coverage shall be restored retroactively, as if no break in coverage had occurred.

2130.11 If the person's coverage expires before the person makes an election in accordance with § 2130.8, that coverage shall be restored retroactively to the later of either of the following:

(a) The date the person ceased to be the spouse of an employee; or

(b) The date the employee ceased to be eligible for health benefits under the provisions of D.C. Official Code § 1-529.01 et seq.

2130.12 Continued health benefits coverage shall be available to any employee who makes an election under § 2130.6 for a period of eighteen (18) months from the effective date of the employee's separation.

2130.13 Continued health benefits coverage shall be available to any person who makes an election under § 2130.7 for a period of thirty-six (36) months from the earlier of either of the following:

(a) The date the person ceased to be unmarried dependent child; or

(b) In the case of a person who was covered as a family member by continuing benefits under this section at the time the person ceased to be an unmarried dependent child, the date of separation from service of the employee on whom the person was dependent.

2130.14 Continued health benefits coverage shall be available to any person who makes an election under § 2130.8 for a period of thirty-six (36) months from one (1) of the following, as appropriate:

(a) The date the person ceased to be a spouse;

(b) In the case of a person who was covered as a family member by continuing benefits under this section at the time the person ceased to be a spouse, the date of separation from service of the employee to whom the person was married; or

(c) In the case of a person who had health benefits coverage under the provisions of D.C. Official Code § 1-529.01 et seq., from the date eligibility for coverage under those provisions ceased.

2130.15 Any person who elects to continue coverage under this section shall pay to the District of Columbia Treasurer, or to a contractor or other agent designated by the Director of Personnel, one hundred percent (100%) of the premium plus two percent (2%) of the sum of such contributions.

2130.16 Any person who is eligible for retroactive coverage under § 2130.10 shall pay for the coverage restored retroactively in a manner prescribed by the Director of Personnel.

2199 Definitions

2199.1 When used in this chapter, the following terms have the meaning ascribed:

Committed relationship – a familial relationship between two (2) individuals characterized by mutual caring and the sharing of a mutual residence.

Dependent child of a domestic partner – an unmarried person under 22 years of age, an unmarried person under 25 years of age who is a full-time student, or an unmarried person regardless of age who is incapable of self-support because of a mental or physical disability that existed before age 22. A dependent child of a domestic partner shall include a natural child, adopted child, stepchild, foster child, or child in the legal custody of a domestic partner.

Domestic partner – a person with whom an employee maintains a committed relationship and who has registered the domestic partnership with the District of Columbia Department of Health.

Family member – a domestic partner; or the dependent child of a domestic partner.

Personnel authority – an individual or entity authorized by D.C. Official Code § 1-604.06(b) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated that authority by that individual or entity.