Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules 46937 

definition, of an employee’s domestic 

partner. 

Son or daughter means— 

(1) A biological, adopted, step, or 

foster son or daughter of the employee; 

(2) A person who is a legal ward or 

was a legal ward of the employee when 

that individual was a minor or required 

a legal guardian; 

(3) A person for whom the employee 

stands in loco parentis or stood in loco 

parentis when that individual was a 

minor or required someone to stand in 

loco parentis; or 

(4) A son or daughter, as described in 

paragraphs (1) through (3) of this 

definition, of an employee’s domestic 

partner. 

4. In § 630.902, revise the definition of 

family member and add definitions of 

committed relationship, domestic 

partner, parent, and son or daughter to 

read as follows: 

§ 630.902 Definitions. 

* * * * * 

Committed relationship means that 

the employee, and the domestic partner 

of the employee, are each other’s sole 

domestic partner (and are not married to 

or domestic partners with anyone else); 

and share responsibility for a significant 

measure of each other’s common 

welfare and financial obligations. This 

includes, but is not limited to, any 

relationship between two individuals of 

the same or opposite sex that is granted 

legal recognition by a state or by the 

District of Columbia as a marriage or 

analogous relationship (including, but 

not limited to, a civil union). 

Domestic partner means an adult in a 

committed relationship with another 

adult, including both same sex and 

opposite sex relationships. 

* * * * * 

Family member means an individual 

with any of the following relationships 

to the employee: 

(1) Spouse, and parents thereof; 

(2) Sons and daughters, and spouses 

thereof; 

(3) Parents, and spouses thereof; 

(4) Brothers and sisters, and spouses 

thereof; 

(5) Grandparents and grandchildren, 

and spouses thereof; 

(6) Domestic partner, including 

domestic partners of any individual in 

(2)–(5) above; and 

(7) Any individual related by blood or 

affinity whose close association with the 

employee is the equivalent of a family 

relationship. 

* * * * * 

Parent means— 

(1) A biological, adoptive, step, or 

foster parent of the employee; 

(2) A person who is the legal guardian 

of the employee or was the legal 

guardian of the employee when the 

employee was a minor or required a 

legal guardian; or 

(3) A person who stands in loco 

parentis to the employee or stood in 

loco parentis to the employee when the 

employee was a minor or required 

someone to stand in loco parentis. 

(4) A parent, as described in 

paragraphs (1) through (3) of this 

definition, of an employee’s domestic 

partner. 

* * * * * 

Son or daughter means— 

(1) A biological, adopted, step, or 

foster son or daughter of the employee; 

(2) A person who is a legal ward or 

was a legal ward of the employee when 

that individual was a minor or required 

a legal guardian; 

(3) A person for whom the employee 

stands in loco parentis or stood in loco 

parentis when that individual was a 

minor or required someone to stand in 

loco parentis; or 

(4) A son or daughter, as described in 

paragraphs (1) through (3) of this 

definition, of an employee’s domestic 

partner. 

5. In § 630.1002, add the definitions of 

committed relationship, domestic 

partner, parent, and son or daughter to 

read as follows: 

§ 630.1002 Definitions. 

* * * * * 

Committed relationship has the 

meaning given that term in subpart I of 

this part. 

Domestic partner has the meaning 

given that term in subpart I of this part. 

* * * * * 

* * * * * 

Parent has the meaning given that 

term in subpart I of this part. 

* * * * * 

Son or daughter has the meaning 

given that term in subpart I of this part. 

6. In § 630.1102, add the definitions of 

committed relationship, domestic 

partner, parent, and son or daughter to 

read as follows: 

§ 630.1102 Definitions. 

* * * * * 

Committed relationship has the 

meaning given that term in subpart I of 

this part. 

* * * * * 

Domestic partner has the meaning 

given that term in subpart I of this part. 

* * * * * 

Parent has the meaning given that 

term in subpart I of this part. 

Son or daughter has the meaning 

given that term in subpart I of this part. 

* * * * * 

[FR Doc. E9–22030 Filed 9–11–09; 8:45 am] 

BILLING CODE 6325–39–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 875 

RIN 3206–AL92 

Federal Long Term Care Insurance 

Program: Eligibility Changes 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Proposed regulation. 

SUMMARY: The U.S. Office of Personnel 

Management (OPM) is issuing a 

proposed regulation to expand 

eligibility to apply for coverage under 

the Federal Long Term Care Insurance 

Program (FLTCIP). Under the proposed 

regulation, the definition of ‘‘qualified 

relative’’ is expanded to cover the samesex domestic partners of eligible Federal 

and U.S. Postal Service employees and 

annuitants. The proposed regulation 

will help agencies address the family 

needs of an increasingly diverse 

workforce, and will enhance the Federal 

Government’s ability to compete with 

the private sector for talent. 

DATES: OPM must receive comments on 

or before November 13, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: John Cutler, Senior Policy 

Analyst, Insurance Policy Group, 

Strategic Human Resources Policy, 

Office of Personnel Management, 1900 E 

Street, NW., Room 3415, Washington, 

DC 20415; or deliver to OPM, Room 

3415, 1900 E Street, NW.; or FAX to 

(202) 606–0633. 

FOR FURTHER INFORMATION CONTACT: John 

Cutler, at john.cutler@opm.gov or (202) 

606–0735. 

SUPPLEMENTARY INFORMATION: The 

President’s Memorandum of June 17, 

2009, on Federal Benefits and NonDiscrimination requests that the Office 

of Personnel Management (OPM) extend 

certain benefits that can be provided to 

same-sex domestic partners of Federal 

employees consistent with Federal law. 

In response, OPM is proposing a 

regulatory change to expand eligibility 

to apply for coverage under the Federal 

Long Term Care Insurance Program 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
46938 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules 

(FLTCIP). The purpose of the change is 

to enhance the ability of Federal 

agencies to provide for the needs of an 

increasingly diverse workforce, and to 

assist the Federal Government in 

competing with the private sector for 

talent. To promote both of these 

policies, OPM proposes to expand the 

term ‘‘qualified relative’’ to include 

additional individuals who are same-sex 

domestic partners and whose close 

association with the employee or 

annuitant constitutes a family 

relationship. 

Currently, a ‘‘qualified relative’’ is 

defined to include: 

• The spouse of an employee, 

annuitant, member of the uniformed 

services or retired member of the 

uniformed services; 

• A parent, stepparent or parent inlaw of an employee or member of the 

uniformed services; 

• An adult child (natural, step or 

adopted) of an employee, annuitant, 

member of the uniformed services, or 

retired member of the uniformed 

services if such a child is at least age 18. 

The proposed regulatory change will 

expand the definition of ‘‘qualified 

relative’’ under 5 U.S.C. 9001(5)(D) to 

provide eligibility to apply for FLTCIP 

coverage to the same-sex domestic 

partners of Federal and U.S. Postal 

Service employees and annuitants. 

Opposite-sex domestic partners are not 

included in the proposed regulation 

because they may obtain eligibility for 

federal long term care insurance through 

marriage, an option not currently 

available to same-sex domestic partners. 

In order to demonstrate eligibility to 

apply for coverage under the FLTCIP, 

individuals will be required to provide 

documentation to establish they meet 

the criteria for domestic partners. 

OPM’s proposed regulations will not 

only modernize FLTCIP and provide for 

workforce equity, but also will make the 

Federal Government more competitive 

in recruiting and retaining highly 

qualified employees. A majority of 

Fortune 500 companies and thousands 

of smaller companies already provide 

the same-sex domestic partners of their 

employees with access to a variety of 

insurance benefits that are available to 

other family members. Such benefits 

also are provided by public-sector 

entities such as state and local 

governments, and by colleges and 

universities. The extension of such 

benefits to Federal employees would 

help the government compete for talent. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because the regulation only adds an 

additional group to the list of groups 

eligible to apply for coverage under the 

FLTCIP. The FLTCIP is a voluntary, selfpay benefits program with no 

Government contribution. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

Federalism 

We have examined this rule in 

accordance with Executive Order 13132, 

Federalism, and have determined that 

this rule will not have any negative 

impact on the rights, roles and 

responsibilities of State, local or tribal 

governments. 

List of Subjects in 5 CFR Part 875 

Administrative practices and 

procedures, Employee benefit plans, 

Government contracts, Government 

employees, health insurance, military 

personnel, organization and functions, 

retirement. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

Accordingly, OPM proposes to amend 

5 CFR part 875, as follows: 

PART 875—FEDERAL LONG TERM 

CARE INSURANCE PROGRAM 

1. The authority citation for 5 CFR 

part 875 continues to read as follows: 

Authority: Authority: 5 U.S.C. 9008. 

2. Add a new § 875.213 as follows: 

§ 875.213 May I apply as a qualified 

relative if I am the domestic partner of an 

employee or annuitant? 

(a) You may apply for coverage as a 

qualified relative if you are a domestic 

partner, as described in paragraph (b) of 

this section. As prescribed by OPM, you 

will be required to provide 

documentation to demonstrate that you 

meet these requirements. 

(b) For purposes of this part, the term 

‘‘domestic partner’’ is a person in a 

domestic partnership with an employee 

or annuitant of the same sex. The term 

‘‘domestic partnership’’ is defined as a 

committed relationship between two 

adults, of the same sex, in which the 

partners— 

(1) Are each other’s sole domestic 

partner and intend to remain so 

indefinitely; 

(2) Have a common residence, and 

intend to continue the arrangement 

indefinitely; 

(3) Are at least 18 years of age and 

mentally competent to consent to 

contract; 

(4) Share responsibility for a 

significant measure of each other’s 

financial obligations; 

(5) Are not married to anyone else; 

(6) Are not a domestic partner of 

anyone else; 

(7) Are not related in a way that, if 

they were of opposite sex, would 

prohibit legal marriage in the State in 

which they reside; 

(8) Will certify they understand that 

willful falsification of the 

documentation described in paragraph 

(a) of this section may lead to 

disciplinary action and the recovery of 

the cost of benefits received related to 

such falsification and may constitute a 

criminal violation under 18 U.S.C. 1001. 

[FR Doc. E9–22028 Filed 9–11–09; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 103, 214 and 274a 

[CIS No. 2758–08; DHS Docket No. USCIS– 

2008–0035] 

RIN 1615–AB75 

E–2 Nonimmigrant Status for Aliens in 

the Commonwealth of the Northern 

Mariana Islands With Long-Term 

Investor Status 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security (DHS) is proposing to amend 

its regulations governing E–2 

nonimmigrant treaty investors to 

establish procedures for classifying 

long-term investors in the 

Commonwealth of the Northern Mariana 

Islands (CNMI) as E–2 nonimmigrants. 

This proposed rule implements the 

CNMI nonimmigrant investor visa 

provisions of the Consolidated Natural 

Resources Act of 2008 extending the 

immigration laws of the United States to 

the CNMI. 

DATES: Written comments must be 

submitted on or before October 14, 

2009. 

ADDRESSES: You may submit comments, 

identified by DHS Docket No. USCIS– 

2008–0035 by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: You may submit comments 

directly to USCIS by e-mail at 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS