United States 

Office of 

Personnel Management 

The Federal Government’s Human Resources Agency

Benefits Administration Letter

Number: 15-901 Date: November 4, 2015

Subject: Federal Long Term Care Insurance Program Eligibility Changes 

Background 

This letter provides information about an expansion of eligibility to apply for coverage under the 

Federal Long Term Care Insurance Program (FLTCIP). 

OPM issued a final regulation on October 30, 2015 to expand the term “qualified relative” to 

cover both same-sex and opposite-sex domestic partners of Federal and U.S. Postal Service 

employees, annuitants, members of the uniformed services, and retired members of the 

uniformed services. OPM previously added same-sex domestic partners as a FLTCIP “qualified 

relative” in 2010 for Federal and U.S. Postal Service employees and annuitants. This final rule 

also provides that adult children of domestic partners will now be considered a “qualified 

relative” and may apply for FLTCIP coverage. Like all “qualified relatives,” domestic partners 

and adult children of domestic partners will be subject to full underwriting. 

This regulation also requires the employee or his or her domestic partner to provide notice to the 

employing office if at any time between the time of application for FLTCIP and the time 

coverage is scheduled to go into effect, they no longer meet any of the conditions for a domestic 

partnership, in which case a domestic partnership is deemed terminated. Such notification must 

be made as soon as possible, but in no event later than thirty calendar days after such conditions 

are no longer met. Finally, the regulation clarifies that once FLTCIP coverage has begun, 

termination of a domestic partnership does not terminate a domestic partner’s insurance coverage 

as long as the FLTCIP contractor continues to receive the required premium when due. 

To apply for FLTCIP coverage, the domestic partner must indicate on the FLTCIP full 

underwriting application that documentation of the domestic partnership has been 

submitted to the partner’s employing agency or retirement system. Following is 

information on the agencies’ role in this process. 

Required Documentation 

Eligible individuals will need to provide documentation, a “Declaration of Domestic 

Partnership” that they meet the definition of “domestic partnership”. An employee or their 

domestic partner must file a declaration with the employee’s agency. Retirees or their domestic 

partner must file a declaration with their retirement system (OPM for most annuitants). 
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Agencies must indicate receipt on the form, provide a receipted copy to the employee and file the 

form in the employee’s official personnel folder or its equivalent. The employing 

office/retirement system should file the Declaration of Domestic Partnership in the Official 

Personnel Folder or retirement file. This document should go on the permanent side of the 

Official Personnel Folder. Agencies should not send the form to the FLTCIP insurer or 

administrator nor will the insurer typically request information that the form is on file. 

No documentation other than the Declaration form is required. Agencies do not have to ask for 

proof of the partnership. 

If the employee/annuitant has already completed a declaration of domestic partnership for the 

Federal Employees Health Benefits Program (FEHBP), or Federal Employee Dental and Vision 

Insurance Program (FEDVIP), they must still file a new declaration for FLTCIP as the 

declarations are different. 

A Declaration of Domestic Partnership form is attached to this BAL and will also be available at 

www.ltcfeds.com.

Requirements for a Domestic Partnership 

The term “domestic partnership” is defined as a committed relationship between two 

adults, of the opposite or same sex, in which the partners— 

(1) Are each other’s sole domestic partner and intend to remain so indefinitely; 

(2) Maintain a common residence, and intend to continue to do so (or would 

maintain a common residence but for an assignment abroad or other employmentrelated, financial, or similar obstacle); 

(3) Are at least 18 years of age and mentally competent to consent to a contract; 

(4) Share responsibility for a significant measure of each other’s financial 

obligations; 

(5) Are not married or joined in a civil union to anyone else; 

(6) Are not a domestic partner of anyone else; 

(7) Are not related in a way that would prohibit legal marriage in the U.S. 

jurisdiction in which the domestic partnership was formed; and 

(8) Certify that they understand that willful falsification of the information within 

the documentation 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. 

Effective Dates 

The final rule is effective November 30, 2015. 

Additional Questions 

If you have any questions not addressed in this letter, please contact OPM at (ltc@opm.gov ) 
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 Sincerely, 

 

John O’Brien

Director 

Attachment