Special Enrollment for Employees Impacted by the Supreme Court Decisions Regarding the Defense of Marriage Act (DOMA) and California's Proposition 8

To All CSUSM Employees:

As a result of the recent U.S. Supreme Court issued decisions in U.S. v. Windsor (Defense of Marriage Act (DOMA)), and Hollingsworth v. Perry, the ruling removed the portion of the DOMA that barred same-sex married couples from recognition as “spouses.” With this ruling, an impediment to same-sex marriages was removed which may cause some couples to reconsider enrolling their eligible spouses and children. Thus, due to this legislative change, CalPERS is now offering a one-time exception to allow impacted employees to enroll a same sex spouse and eligible dependent children on a CalPERS health plan.

The CalPERS enrollment period is effective now through December 31, 2013. Enrollment exception is limited to:

  • Employees who married during the period in 2008 when same-sex marriage was initially allowed in California; or
  • Employees who married prior to June 26, 2013, in another state where same-sex marriage was legal.

Please note: It is unclear if the IRS will regard same-sex marriages prior to June 26, 2013, as a “change of status.” In the event the forthcoming IRS regulations so require, any resulting adverse tax treatment will be implemented retroactively. Therefore, we recommend impacted employees consult with a tax advisor prior to making a change. Once the IRS regulations are issued, employees will be provided with an update.

Health Enrollment

  • Eligible employees must pick up a CalPERS Health Benefit Plan Enrollment form from the Human Resources and Equal Opportunity (HREO) department and return the completed form to HREO before Friday, December 20, 2013. Forms received in HREO after this date will not be honored. Supporting documentation must be submitted by the employee with the enrollment form.

Dental Enrollment

The CSU is also extending the special one-time enrollment through December 31, 2013, for enrollment in the CSU Dental Plan for impacted employee(s).

  • Eligible employees must pick up a Dental Enrollment Authorization form from the Human Resources and Equal Opportunity (HREO) department and return the completed form to HREO before Friday, December 20, 2013. Forms received in HREO after this date will not be honored. Supporting documentation must be submitted by the employee with the enrollment form.

Eligible enrollments processed during this exception period provides access to health coverage on the first day of the month following the forms received date in HREO. Please indicate “special CalPERS enrollment period” on all benefit enrollment forms submitted to HREO, as transactions during this exception period are processed separately from Open Enrollment transactions, which will have a mandatory effective date of January 1, 2014.

Newly married employees with a same-sex spouse (married on or after June 26, 2013) can enroll in benefits within 60 days of the marriage date by submitting a completed HREO Benefits Worksheet and Dental Enrollment Authorization form along with supporting documentation to the HREO Office.

Please contact your department HR Analyst at (760) 750-4418 if you have questions.