Family Member Preference (Derived Preference)

On June 26, 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. As a result of the Supreme Court’s decision, the United States Office of Personnel Management (OPM) will now be able to extend certain benefits to Federal employees and annuitants who have legally married a spouse of the same sex, regardless of the employee’s or annuitant’s state of residency. OPM is currently in the process of updating and revising the website to reflect this change, and will be updating this information as soon as possible. Please check back in the coming weeks for updates.

Derived Preference is a method where you, as the spouse, widow/widower, or mother of a veteran may be eligible to claim veterans' preference when your veteran is unable to use it. You will be given XP Preference (10 points) in appointment if you meet the eligibility criteria.

Both a mother and a spouse (including widow or widower) may be entitled to preference on the basis of the same veteran's service if they both meet the requirements. However, neither may receive preference if the veteran is living and is qualified for Federal employment.

NOTE: The derived preference for spouses is different than the preference the Department of Defense is required by law to extend to spouses of active duty members in filling its civilian positions. For more information on that program, contact your local Department of Defense personnel office.

Spouses are eligible when your veteran has a service-connected disability and has been unable to qualify for any position in the civil service.

Widows/Widowers are eligible if you did not divorce your veteran spouse, have not remarried, or the remarriage was annulled, and the veteran:

• served during a war or during the period April 28, 1952, through July 1, 1955, or in a campaign or expedition for which a campaign medal has been authorized; OR
• died while on active duty that included service described immediately above under conditions that would not have been the basis for other than an honorable or general discharge.

Mothers of deceased veterans veterans are eligible when your son or daughter died under honorable conditions while on active duty during a war or in a campaign or expedition for which a campaign medal has been authorized. Additionally, you must:

• be or have been married to the father of your veteran; AND
• live with a permanently disabled husband; OR
• be widowed, divorced, or separated from the veteran's father and have not remarried; OR
• if remarried be widowed, divorced, or legally separated from your husband at the time you claim derived preference.

Mothers of disabled veterans are eligible if your son or daughter was separated with an honorable or general discharge from active duty, including training service in the Reserves or National Guard, and is permanently and totally disabled from a service-connected injury or illness. Additionally, you must:

• be or have been married to the father of your veteran; AND
• live with a permanently disabled husband; OR
• be widowed, divorced, or separated from the veteran's father and have not remarried; OR
• if remarried, be widowed, divorced, or legally separated from your husband at the time you claim derived preference.

NOTE: Preference is not given to widows or mothers of deceased veterans who qualify for preference under 5 U.S.C. 2108 (1) (B), (C) or (2). Thus, widows or mothers of deceased disabled veterans who served after 1955, but did not serve in a war, campaign, or expedition, would not be entitled to claim preference.

Military Spouse Preference is a Department of Defense program applicable to positions being filled both in the continental United States and at overseas locations. For more information contact you local Department of Defense personnel office.