Pay Equity and FEHB Coverage for Fertility Treatments

Updates about our latest pay equity advocacy and fertility benefits under the FEHB plans for fiscal year 2023.


DOJ GEN reminds OPM that salary history bans are as great as everyone says they are

As we mentioned back in March, the President said in an Executive Order that OPM anticipates issuing a regulation to “address the use of salary history in the hiring and pay-setting processes for Federal employees”—something we’ve spent years urging the federal government to do. But there have been troubling indications that the regulation may only ban agencies from soliciting salary history, and not from considering it if they receive it from a job applicant or another source.

The letter we sent OPM (available here) explains why a salary history ban that’s comprehensive is needed to avoid perpetuating pay gaps in the federal government, which disproportionately harm women and people of color. The letter’s had some great press coverage. Check out these articles from Federal Times, Government Executive, and Federal News Network.  Many thanks to the members of our Pay Equity Working Group for their efforts.


 Disappointing news about fertility benefits in the upcoming 2023 FEHB plans

New fertility benefits for FY 2023 are limited. Contrary to what reports initially suggested, the new fertility benefits for fiscal year 2023 don’t seem all that generous. Here’s what we can share so far:

    • Because the Federal Benefits Open Season has already begun and ends on December 12, 2022, if you think you may pursue fertility services in the next year, now would be a good time to thoroughly check your available plans for their potential costs and limitations. Abigail Farthing from our Fertility Benefits Working Group has been working hard on assessing the available plan options, and we’ll aim to distribute her research as soon as possible (before the enrollment window closes). Overall, we think the offerings are far too limited, and over the next year, we plan to lobby OPM to ensure that benefit options are more robust in FY 2024.

    • This week, DOJ GEN’s Fertility Benefits Working Group asked OPM to issue guidance for federal employees explaining exactly what fertility benefits plan options will and won’t offer (we’ll let you know if we hear back). Thank you to Liza Murcia for drafting the letter and to the working group for all of its continuing efforts.

    • ALL FEHB plans will cover fertility preservation for cancer patients and others at risk of medically induced infertility, including for those who undergo forms of gender-affirming care.

    • This is from OPM’s overview of new benefits available during open season: “OPM is pleased that four new plan options will provide ART within their FEHB benefit package for a total of 19 plan options in 2023, and one new plan option will provide a non-FEHB benefit for discounted ART procedures for 2023.”

    • Federal Times published a useful article about the FY 2023 situation. It notes that the four new plan options are carried by Triple S-SaludUPMC Health Plan, Indiana University Health Plan, Foreign Service Benefit Plan, and Health Net of California Southern. A new plan, CDPHP, will provide a non-FEHB benefit for discounted artificial reproductive technology services.

    • RESOLVE, a nonprofit that’s advocated for fertility benefits for almost 50 years (including for federal employees), is an excellent resource and has a helpful website.

Have a great holiday and we’ll be in touch soon.

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Fertility Benefits: 2023 Federal Health Insurance Plans

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