Same-sex marriage, SBP Published June 14, 2016 By Michael Primo Malmstrom Survivor Benefit Plan manager MALMSTROM AIR FORCE BASE, Mont. -- On June 26, 2013, the U.S. Supreme Court determined certain parts of Defense of Marriage Act of 1996 were unconstitutional. As a result of this decision, the federal government now recognizes same-sex marriages which are legally performed under state law. On Sept. 5, 2013, the Department of Defense issued implementing guidance extending Survivor Benefit Plan coverage to same-sex spouses of military members and retirees. In short, same-sex marriages that are valid in the state where performed will be recognized as valid for SBP purposes. The implementing guidance does not apply to civil unions or domestic partnerships. It is the responsibility of the retiree to provide documentation of existence of valid marriage under applicable state law. The guidance issued at that time is still applicable to those retirees. On June 26, 2015, the Supreme Court determined that states are required to issue marriage licenses to two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state. Consequently, a valid marriage certificate issued by any state on or after June 26, 2015, will be recognized as valid for SBP purposes. The DoD guidance generally provides that effective June 26, 2013, any person who is married to a same-sex partner may participate in the SBP in the same manner as any other married person. This includes the requirement for spousal concurrence for certain elections. The DoD guidance can be read in full at http://www.dfas.mil/retiredmilitary/provide/sbp/same-sex-sbp.html.