3 FAM 1600
DOMESTIC PARTNERS
3 FAM 1610
DOMESTIC PARTNERS
(CT:PER-940; 04-16-2019)
(Office of Origin: HR/PC)
3 FAM 1611 Policy
(CT:PER-940; 04-16-2019)
(Uniform State/USAID/Agriculture/Commerce/USAGM)
(Applies to Foreign Service Employees Only)
a. A domestic partner for purposes of this subchapter
is an individual who has met all of the
criteria listed in, and who is declared to
be, a domestic partner of an employee in accordance with 3 FAM 1612.
b. Note that the same-sex
domestic partner program ended on September 30, 2018. Since that date, all
couples must be legally married in order for their partners to be eligible for
federal benefits. In rare instances, a hardship exception may be granted by
the Director General as described in 3 FAM 1615.
3 FAM 1612 Declaration of a Domestic
Partner
(CT:PER-940; 04-16-2019)
(Uniform State/USAID/Agriculture/Commerce/USAGM)
(Applies to Foreign Service Employees Only)
a. To obtain benefits and assume obligations of a
domestic partner under the Foreign Affairs Manual (FAM) and Department of State
Standardized Regulations (DSSR), in addition to
obtaining a hardship exception from the Director General, an employee
must file a Form DS-7669, Affidavit Pursuant to Declaring Domestic Partner
Relationship, identifying his or her domestic partner and certifying that she
or he and the domestic partner:
(1) Are each others sole domestic partner and intend
to remain committed to one another indefinitely;
(2) With regard to a common residence:
(a) Have a common residence and intend to continue the
arrangement; or
(b) Have had a common residence and intend to resume
having a common residence after an assignment abroad for which the domestic
partner did not accompany the employee; or
(c) Would have a common residence, but are prevented
from having one for reasons described by the employee, and the Under Secretary
for Management or his or her designee determines that the circumstances
described are sufficient to justify the waiver of the common residence
requirement. Unless and until such a determination is made, the domestic
partner relationship does not qualify for benefits and obligations under the
FAM and DSSR;
(3) Are at least 18 years of age and mentally
competent to consent to contract;
(4) Share responsibility for a significant measure of
each others common welfare and financial obligations;
(5) Are not married to, joined in civil union with, or
domestic partners with anyone else;
(6) Are same-sex domestic partners, and are not related
in a way that would prohibit legal marriage in the State in which they reside;
(7) Agree to inform the Department of State of any
dissolution of the partnership in accordance with 3 FAM 1613;
(8) Understand that the domestic partner will be held
to standards of conduct in the FAM that apply to family members; and
(9) Understand that falsification of information
within the affidavit may constitute a criminal violation under 18 U.S.C. 1001
and may lead to disciplinary action.
b. Affidavits must be filed with the following offices:
(1) For Department of State employees, the Bureau of
Human Resources, Office of the Executive Director, Assignment Support Unit
(HR/EX/ASU);
(2) For USAID employees, to the Office of Human
Resources/Foreign Service Personnel Division;
(3) For USAGM employees, to the Office of Human
Resources/Operations and Benefits (OHR/O);
(4) For Department of Commerce, Foreign Commercial
Service employees, to the Office of Foreign Service Human Resources (OFSHR);
and
(5) For Department of Agriculture, Foreign
Agricultural Service employees, to the Office of Foreign Service Operations
(DAFAS).
3 FAM 1613 Dissolution of a Domestic
Partnership
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/Agriculture/Commerce/USAGM)
(Applies to Foreign Service Employees Only)
a. An employee or domestic partner of an employee who
obtains benefits under the Foreign Affairs Manual (FAM) and Department of State
Standardized Regulations (DSSR) based on the domestic partnership must file a
statement of dissolution of the domestic partnership not later than 30 days
after the death of the employee or the domestic partner or the date of
dissolution of the domestic partnership with the appropriate agency office
listed in 3 FAM
1612.
b. The Department is authorized to terminate any
benefits received by the employee or domestic partner as a result of death of
the employee or domestic partner or the dissolution of the partnership.
c. Failure to file a timely statement of dissolution
of the domestic partnership may result in disciplinary action and the recovery
from the employee of the cost of benefits that should not have been received.
3 FAM 1614 Children of a Domestic
Partner
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/Agriculture/Commerce/USAGM)
(Applies to Foreign Service Employees Only)
For purposes of affording benefits, any child or children
of a domestic partner of an employee shall be deemed a stepchild of the
employee. The terms child or children shall include natural
offspring, stepchildren, adopted children, and those under permanent legal
guardianship (at least until age 18), or comparable permanent custody
arrangement, of the employee or domestic partner when dependent upon and
normally residing with the guardian or custodial party.
3 FAM 1615 Hardship exception
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/Agriculture/Commerce/USAGM)
(Applies to Foreign Service Employees Only)
In rare instances when an employee faces unusual
circumstances outside the provisions of 3 FAM 1611, he
or she may make a written request to the Director General of the Foreign
Service to obtain benefits and assume obligations of a domestic partner under
the Foreign Affairs Manual (FAM) and Department of State Standardized
Regulations (DSSR). Provided the employee complies with all other
provisions of 3
FAM 1610, such requests may be granted by the Director General for a
limited period of time, consistent with the needs of the service.
3 FAM 1616 THROUGH 1619 unassigned