Case 3:10-cv-01750-VLB Document 64 Filed 07/15/11 8 Pages

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT CIVIL ACTION NO. 3:10 CV 1750 (VLB) ___________________________________________ JOANNE PEDERSEN & ANN MEITZEN, ) GERALD V. PASSARO II, ) LYNDA DEFORGE & RAQUEL ARDIN, ) JANET GELLER & JOANNE MARQUIS, ) SUZANNE & GERALDINE ARTIS, ) BRADLEY KLEINERMAN & JAMES GEHRE, and ) DAMON SAVOY & JOHN WEISS, ) ) Plaintiffs, ) ) v. ) ) OFFICE OF PERSONNEL MANAGEMENT, ) TIMOTHY F. GEITHNER, in his official capacity ) as the Secretary of the Treasury, and ) HILDA L. SOLIS, in her official capacity as the ) Secretary of Labor, ) MICHAEL J. ASTRUE, in his official capacity ) as the Commissioner of the Social Security ) Administration, ) UNITED STATES POSTAL SERVICE, ) JOHN E. POTTER, in his official capacity as ) The Postmaster General of the United States of ) America, ) DOUGLAS H. SHULMAN, in his official ) capacity as the Commissioner of Internal ) Revenue, ) ERIC H. HOLDER, JR., in his official capacity ) as the United States Attorney General, ) JOHN WALSH, in his official capacity as Acting ) Comptroller of the Currency, and ) THE UNITED STATES OF AMERICA, ) ) Defendants. ) ___________________________________________)

JOINT AFFIDAVIT OF JOANNE PEDERSEN AND ANN MEITZEN

Joanne Pedersen and Ann Meitzen, being duly sworn, hereby depose and say as follows: 1. Joanne and Ann: We have been a committed couple for over 12 years. In

2004, we held a commitment ceremony in our backyard with 120 friends and family members. In 2005, after Connecticut enacted its civil union law, we entered into a civil union at a small ceremony at our Town Hall. On the 10th anniversary of our first date, December 22, 2008, we were legally married in Connecticut. 2. Joanne and Ann: We live in a home we jointly purchased in Waterford,

Connecticut in August 1999. Ann is 61 years old. Joanne is 57 years old. Between us, we have three grown children and two grandchildren. 3. Ann: I currently work as a regional supervisor for a private, not-for-profit

case management agency that assesses, coordinates, and manages care for frail

elders and disabled individuals. I have been doing this work for more than 20 years. 4. Joanne: I am a retired civilian employee of the Department of the Navy,

Office of Naval Intelligence. When I retired in 2008, I had more than 30 years of service with the federal government. 5. Joanne: When I was working for the Navy, Ann was treated like any other

spouse by my military colleagues. She attended Navy Day balls and picnics with me and accompanied me to professional conferences. For years, we coordinated the delivery of handmade slipper-socksmany of which we knitted ourselvesto sailors working on frigid submarines. 6. Joanne: As a federal retiree, I am enrolled in the Federal Employees Health

Benefits Program (FEHB). Since my retirement, I have been enrolled in FEHB under a Self-Only plan, covering, as the name suggests, myself only. Even though Ann and I are lawfully married, I have been unable, unlike other federal retirees married to a spouse of a different sex, to enroll in Self and Family coverage to add Ann to my health insurance plan. 7. Joanne: Within the 60-day period in which to request a change in

enrollment following our December 22, 2008 marriage, I telephoned my insurer, Blue Cross Blue Shield (BCBS), to inform them of my marriage to Ann and to find out how to add Ann to my insurance plan. I was informed that I could not add Ann to my health insurance plan because she was not eligible to be put on my insurance, even though we were married.

8.

Joanne: On July 8, 2010, I sent a written request by Certified Mail to the

Office of Personnel Management (OPM) to clarify whether the information I had received in from BCBS through my call was correct and, if not, how and when I could add Ann to my health insurance plan. I have yet to receive any response from OPM. The letter I sent was signed for by OPM on July 12, 2010. 9. Joanne: On November 8, 2010, during the open enrollment period, I again

attempted, using the online option, to change my health insurance enrollment from Self-Only to Self and Family to add my wife Ann to my health insurance plan. I was not able to do so. After adding all the required information on the Dependent Information screen on my computer, the next screen provided the following message: We are unable to process your request. If you think the family member you wish to enroll is eligible, please call us . 10. Joanne: I called as suggested and at first was advised that certainly Ann,

as my spouse, was eligible. Then I was placed on hold for a very long time and eventually told that Ann was not eligible to be on my insurance because she is of the same sex. 11. Joanne: For me to add Ann to my FEHB plan, it would cost an additional

$245 a month for a total of $432 per month. 12. Joanne and Ann: We researched the cost of insurance for Ann should she

retire by checking on the cost of continuing insurance through COBRA and by calling a private insurance company. Were Ann to retire from her full-time job, the cost to insure with COBRA would be approximately $540 per month. The cost of purchasing and maintaining separate health insurance coverage for Ann would

be extremely expensive were she to move to part-time employment. Were Ann to retire from her full-time job, the cost to continue her employer group health coverage through COBRA would be approximately $540 per month. However, COBRA only extends group health insurance coverage for 18 months after employment. After that, Ann would have to purchase private individual health insurance similar to what she currently has, which could cost approximately $804 or more per month, according to one private insurance company that we called. 13. Ann: I struggle with some serious health issues. I have Hypersensitivity

Pneumonitis and Asthmatic Bronchitis, chronic lung conditions that have resulted in recurrent bouts of pneumonia and have taxed my ability to work. In 2008, a flare-up caused me, then age 60, to miss four months of work with recurrent bouts of pneumonia. I was also out of work for about three weeks in the first half of 2009. After I recovered, I worked from home for two months. My conditions are chronic and I have flare ups and a persistent cough. I manage my conditions daily with a nebulizer and prescription medications, but the stress of full-time work aggravates my illness. I would retire from full-time employment and only work part-time if I could be added to Joannes health insurance plan as her spouse. 14. Joanne: DOMA has harmed our family. DOMA burdens us with added

health care expenses. In addition, by preventing me from adding my wife to my health insurance plan, DOMA has required Ann to continue to work full-time to maintain her health insurance coverage when we would have preferred for her to work part-time. We both agree it would improve her health and quality of life if

she could work less. However, she has been forced to continue to struggle with full-time employment because she cannot be without the health insurance her job provides when the cost of private insurance, if she retired, is so high. 15. Joanne and Ann: It is very upsetting to us that Joanne worked for the Navy

for thirty years and yet we cannot get the health insurance for Ann that Joannes colleagues can get for their spouses. It feels unfair that our marriage is singled out for disrespect and that DOMA has interfered with our ability as a married couple to make decisions for our family. 16. Joanne: Other retirees of the Navy can select a survivor annuity benefit on

their pensions to maintain economic security for their spouses after the retiree dies. I would like the option to do so for Ann, but DOMA prevents me from designating her to receive that protection as well.

Signed under the pains and penalties of perjury on this 6th day of July, 2011.

/s/ Joanne G. Pedersen _____________________ Joanne G. Pedersen

/s/ Ann E. Meitzen ______________________ Ann E. Meitzen

CERTIFICATE OF SERVICE I hereby certify that on July 15, 2011, a copy of the foregoing Joint Affidavit of Joanne Pedersen and Ann Meitzen was filed electronically. Notice of this filing will be sent by e-mail to all parties by operation of the Courts electronic filing system. Parties may access this filing through the Courts CM/ECF System.

/s/ Gary D. Buseck______________ Gary D. Buseck