Thursday, August 8, 2013

Family Law and DOMA



James M Davis Law Office
Las Vegas Federal Employees and retirees in legal same-sex marriages may now cover their spouses and children under the federal employee insurance programs that will include health insurance. This is in addition to providing survivor benefits that was previously announced after the Supreme Court struck down DOMA, The Defense of Marriage Act in June.

Same Sex Marriage in Las Vegas Nevada

James M Davis Law OfficeSame sex marriage is not legal in the state of Nevada however the new policy is not based on residency but rather recognizing that the couple is legally married. Since Las Vegas is the home of Nellis A.F.B this decision will affect many Las Vegas LGBT federal employees and their families. Same sex married couples who are federally employed will have two (2) years after the Supreme Court decision to provide notice to OPM to elect survivor annuities for their spouses.

Federal employees can now extend benefits to their same-sex spouse or children who are legally married in one of the thirteen states that allow same sex marriage. This decision will now extend benefits and is regardless of the employees’ annuitants’ and states of residency according to a notice by the Office of Personal Management Office (OMP) the Civil Service Retirement System and Federal Employees Retirement System.

Survivor benefit options allows the surviving spouse to receive a monthly benefit of up to half of the federal retiree benefit earned by the federal employee for their service after retirement.

James M Davis Law Office
OPM is warning employees that the election of survivor annuity benefits or signed written elections of survivor benefits is irrevocable and will require a reduction of their annuity. Request should be accompanied with a copy of the marriage certificate.

Confused about what your same sex marriage or domestic partnership legal rights are after DOMA? Contact James M. Davis Law Office for a consultation and protect your family. Get the legal facts about LGBT Will & Trusts and LGBT Tax rights. Email our office at JDavis@DavisNVLaw.com or call 702-0478-8877 to speak with a Las Vegas Attorney at 702-478-8877.