R 262320Z JUN 09
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE
AMEMBASSY TRIPOLI

UNCLAS STATE 066740 
 
 
FROM U/S KENNEDY 
 
E.O. 12958: N/A 
TAGS: AMGT APER
SUBJECT: Implementing Benefits for Same-Sex Domestic 
Partners of Foreign Service Employees Serving Abroad 
 
Ref:    State 063819 
 
 
¶1.  Last Thursday, the Secretary announced that the 
Department is extending the full range of legally 
available benefits to same-sex domestic partners of 
members of the Foreign Service sent to serve abroad.  I 
am pleased to advise that the implementing changes to 
the Foreign Affairs Manual (FAM) will be effective for 
the Department of State on June 26, 2009.  If other 
agencies decide to implement these changes as well, they 
may choose the same date or any subsequent date. 
 
¶2.  The interim changes to the FAM are available on line 
at 
http://hrweb.hr.state.gov/prd/hrweb/dg/pc/sam e_sex_domes 
tic_partners.cfm  .  We expect them to be published in 
final within 30 days, following interagency review.  We 
encourage you to review them to gain a fuller 
understanding of the benefits extended in reftel. 
 
¶3.  To obtain benefits for their same-sex domestic 
partners, employees must:  (1) file an affidavit of 
eligibility for benefits and obligations (also available 
at 
http://hrweb.hr.state.gov/prd/hrweb/dg/pc/sam e_sex_domes 
tic_partners.cfm) and, (2) update their OF-126 
(Residency and Dependency Report, see para 6).  Please 
read and consider the affidavit carefully before 
signing. 
 
¶4.  Domestic partners must also comply with the same 
security requirements and undergo the same background 
review as spouses.  Domestic partners must also have a 
valid medical clearance for the post of assignment. 
Those already at post should follow the procedures for a 
newly acquired dependent - they will be given access to 
the overseas health unit for up to 90 days pending 
completion of their medical clearance.  It is important 
to note that domestic partners must have health 
insurance as the Department acts only as a secondary 
payer in event of overseas hospitalization. 
 
¶5.  As per the FAM regulations, the affidavit must 
affirm, among other things, that the employee and 
his/her domestic partner: 
 
(a) are each other's sole domestic partner and intend to 
remain committed to one another indefinitely; 
(b)  have a common residence, and intend to continue the 
arrangement; 
(c)  are at least 18 years of age and mentally competent 
to consent to contract; 
(d)  share responsibility for a significant measure of 
each other's common welfare and financial obligations; 
(e) are not married to, joined in civil union with, or 
domestic partners with anyone else; and 
(f) are same-sex domestic partners, and not related in a 
way that would prohibit legal marriage in the State in 
which we reside. 
 
¶6.  For State employees, both documents should be 
directed to your Assignment Technician in HR/EX.  The 
OF-126 must be filed electronically.  An updated version 
is available to each employee through his/her GEMS 
account on HR Online.  The signed affidavit can be e- 
mailed to your assignment technician at "HR-EX-ASU" on 
the Global Address List or faxed to 202-663-0449.  You 
may file these forms immediately. 
 
¶7.  Employees of other foreign affairs agencies should 
consult their Human Resources Office for filing 
instructions.  We offer that the OF-0126, available on 
the Department of State's intranet, might be amended 
with a pen-and-ink change to add "domestic partner" in 
the box requesting "relationship". 
 
¶8.  Additional instructions and guidance will be issued 
in the coming days on specific benefits.  In addition, 
while we are willing to offer diplomatic and official 
passports to eligible US citizen domestic partners, 
diplomatic visas and work eligibility for them depends 
upon host governments.  In this regard, bilateral work 
agreements may have to be renegotiated. 
 
¶9.   As we proceed to implement this important 
initiative, we welcome any suggestions you may have for 
improvement. 
 
¶10. Minimize considered. 
 
 
CLINTON