Library / Laws / 113th / s / S. 1529 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 1529
IN THE SENATE OF THE UNITED STATES
September 19, 2013Ms. Baldwin (for herself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To provide benefits to domestic partners of Federal
employees.
1.
Short title; references; and
table of contents
(a)
Short
title
This Act may be cited as the Domestic Partnership Benefits and Obligations Act of
2013.
(b)
References
Except
as otherwise expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a section or other
provision, the reference shall be considered to be made to a section or other
provision of title 5, United States Code.
(c)
Table of
contents
The table of contents of this Act is as follows:
Sec. 1. Short title; references; and table
of contents.Sec. 2. Purpose.TITLE I—Establishment and termination of
domestic partnerships; other general provisionsSec. 101. Federal employees in domestic
partnerships.Sec. 102. Guidance and educational
materials.Sec. 103. Review of programs under which
employment benefits and obligations are established.Sec. 104. Effective date.TITLE II—Civil Service Retirement
SystemSec. 201. Definitions.Sec. 202. Creditable service.Sec. 203. Computation of
annuity.Sec. 204. Cost-of-living adjustment of
annuities.Sec. 205. Survivor annuities.Sec. 206. Lump-sum benefits; designation
of beneficiary; order of precedence.Sec. 207. Alternative forms of
annuities.Sec. 208. Administration;
regulations.Sec. 209. Participation in the Thrift
Savings Plan.TITLE III—Federal Employees’ Retirement
SystemSubtitle A—General provisionsSec. 301. Definitions.Subtitle B—Creditable serviceSec. 311. Creditable service.Sec. 312. Survivor reduction for a current
spouse or a current domestic partner.Sec. 313. Survivor reduction for a former
spouse or former domestic partner.Sec. 314. Survivor elections; deposit;
offsets.Sec. 315. Survivor reductions;
computation.Sec. 316. Insurable interest
reductions.Sec. 317. Alternative forms of
annuities.Sec. 318. Lump-sum benefits; designation
of beneficiary; order of precedence.Subtitle C—Thrift Savings
PlanSec. 321. Benefits and election of
benefits.Sec. 322. Annuities: methods of payment;
election; purchase.Sec. 323. Protections for spouses,
domestic partners, former spouses, and former domestic partners.Sec. 324. Justices and judges.Subtitle D—Survivor annuitiesSec. 331. Definitions.Sec. 332. Rights of a widow, widower, or
surviving partner.Sec. 333. Rights of a child.Sec. 334. Rights of a former spouse or
former domestic partner.Subtitle E—General administrative
provisionsSec. 341. Authority of the Office of
Personnel Management.Sec. 342. Cost-of-living
adjustments.Subtitle F—Federal Retirement Thrift
Investment Management SystemSec. 351. Fiduciary responsibilities;
liability and penalties.TITLE IV—Insurance benefitsSec. 401. Life insurance.Sec. 402. Health insurance.Sec. 403. Enhanced dental
benefits.Sec. 404. Enhanced vision
benefits.Sec. 405. Long-term care
insurance.TITLE V—Travel, transportation, and
subsistenceSec. 501. Reimbursement for taxes incurred
on money received for travel expenses.Sec. 502. Definition.Sec. 503. Relocation expenses of employees
transferred or reemployed.Sec. 504. Taxes on reimbursements for
travel, transportation, and relocation expenses of employees
transferred.Sec. 505. Relocation expenses of an
employee who is performing an extended assignment.Sec. 506. Transportation of family members
incident to repatriation of employees held captive.Sec. 507. Regulations to include domestic
partners.TITLE VI—Compensation for work
injuriesSec. 601. Definitions.Sec. 602. Death gratuity for injuries
incurred in connection with employee’s service with an Armed Force.Sec. 603. Beneficiaries of awards unpaid
at death; order of precedence.Sec. 604. Augmented compensation for
dependents.Sec. 605. Limitations on right to receive
compensation.Sec. 606. Compensation in case of
death.Sec. 607. Lump-sum payment.Sec. 608. Employees of nonappropriated
fund instrumentalities.Sec. 609. Effective date.TITLE VII—Employee leave; death or captivity
compensation; other employee benefits Sec. 701. Voluntary transfers of leave;
Voluntary Leave Bank Program.Sec. 702. Family and medical
leave.Sec. 703. Settlement of
accounts.Sec. 704. Payments to missing
employees.Sec. 705. Annuity of the Comptroller
General.TITLE VIII—Ethics in Government, conflicts
of interest, employment of relatives, gifts, and employee conductSec. 801. Ethics in Government Act of
1978.Sec. 802. Conflicts of
interest.Sec. 803. Employment of relatives,
restrictions.Sec. 804. Receipt and disposition of
foreign gifts and decorations.Sec. 805. Regulation of conduct;
gifts.Sec. 806. Acceptance of travel assistance
from non-Federal sources.
2.
Purpose
The purpose of this Act is to apply
employment benefits and obligations to Federal employees in same-sex domestic
partnerships and to their domestic partners that are the same as the employment
benefits and obligations that apply under existing statutes to married Federal
employees and to their spouses.
I
Establishment
and termination of domestic partnerships; other general provisions
101.
Federal
employees in domestic partnerships
(a)
In
general
Subpart A of part III
is amended by inserting after section 2305 the following:
25
Federal
Employees in Domestic Partnerships
Sec.2501.
Definitions.2502. Establishment and
termination of domestic partnerships.
2501.
Definitions
In this chapter—
(1) the term
annuitant means—
(A) an annuitant
as defined under section 8331, 8401, or 8901(3)(A); and
(B) as determined
under regulations prescribed by the President or a designee of the President,
any other individual who is entitled to benefits (based on the service of such
individual) under a retirement system for employees of the Government;
(2) the term
covered state means a State, foreign country, or political
subdivision of a foreign country in which a marriage between 2 individuals of
the same sex is recognized under the law of that State, country, or political
subdivision;
(3) the term
Director means the Director of the Office of Personnel
Management;
(4) the term
domestic partner means either of the individuals in a domestic
partnership;
(5) the term
domestic partnership means a relationship between 2 individuals of
the same sex, at least 1 of whom is an employee, former employee, or annuitant,
that has been established under section 2502(a) and not terminated under
section 2502(b);
(6) the term
employee means—
(A) an employee
as defined under section 2105, including an employee referred to in subsection
(c) or (e) of that section;
(B) a Member of
Congress;
(C) the
President;
(D) an individual
who is an employee, as defined under section 8331, 8401, 8701, 8901, or 9001;
or
(E) any other
individual who is employed by the Government and is included within this
definition under regulations prescribed by the President or a designee of the
President; and
(7) the term
State means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, or any other territory or possession of the
United States.
2502.
Establishment
and termination of domestic partnerships
(a)
Establishment
of domestic partnership
(1) An employee,
former employee, or annuitant and another individual (who may also be an
employee, former employee, or annuitant) may establish a domestic partnership
as provided in this section for the purposes of the provisions of law to which
this chapter applies.
(2) To establish
a domestic partnership, the 2 individuals referred to in paragraph (1) shall
jointly execute, and the employee, former employee, or annuitant shall file, an
affidavit in such form and filed in such manner as the Director shall by
regulation prescribe.
(3) By the
affidavit referred to in paragraph (2), each of the individuals shall attest to
the following:
(A)
(i) The individuals are
of the same sex; and
(ii) the individual who files the
affidavit is an employee, former employee, or annuitant.
(B)
(i) The individuals are
in a committed domestic-partnership relationship with each other satisfying the
conditions in clauses (ii), (iii), and (iv) and intend to remain so
indefinitely.
(ii) The individuals have a common
residence and intend to continue to do so (or would have a common residence,
but are prevented from doing so because of an assignment abroad or other
employment-related factors, financial considerations, family responsibilities,
or other similar reason (which shall be specifically identified in the
affidavit)).
(iii) The individuals share
responsibility for a significant measure of each other’s welfare and financial
obligations.
(iv) Neither individual is married to
or in a domestic partnership with anyone except each other.
(C) Each
individual is at least 18 years of age and mentally competent to consent to a
contract.
(D) The
individuals are not related to each other by blood in a way that would prohibit
legal marriage between individuals otherwise eligible to marry in the
jurisdiction (or, if applicable, in any jurisdiction) in which the individuals
have a common residence.
(E) Neither
individual reside in a covered state.
(F) Each of the
individuals understands that—
(i) as a domestic
partner, each individual not only gains certain benefits, but also assumes
certain obligations, as set forth in the provision of law to which this chapter
applies, the violation of which may lead to disciplinary action against an
employee and to criminal and other penalties;
(ii) either or
both of the domestic partners are required to file notification under
subsection (b)(2) terminating the domestic partnership within 30 days after any
condition under clause (ii), (iii), or (iv) of subparagraph (B) ceases to be
satisfied, or the condition under subparagraph (E) ceases to be satisfied for
not less than 6 months, and, if 1 domestic partner dies, the other is required
to file a notification under subsection (b)(3) within 30 days after the death;
and
(iii) willful
falsification of information in the affidavit, or willful failure to file
notification as required under subsection (b)(2) or (3), may lead to recovery
of amounts obtained as a result of such falsification or failure, disciplinary
action against an employee, and criminal or other penalties.
(b)
Termination
of domestic partnership
(1) A domestic
partnership is terminated upon—
(A) the death of
either domestic partner;
(B) the filing of
a notification under paragraph (2) by either or both domestic partners;
or
(C) the
satisfaction of such other conditions as the Director may by regulation
prescribe.
(2)
(A) If any condition
referred to under clause (ii), (iii), or (iv) of subsection (a)(3)(B) ceases to
be satisfied, or if the condition referred to under subsection (a)(3)(E) has
ceased to exist for not less than 6 months, either or both of the domestic
partners shall, within 30 days after the condition ceases to be satisfied,
execute and file a notification, in such form and in such manner as prescribed
by the Director in regulation, stating that the condition is no longer
satisfied and that the domestic partnership is terminated.
(B) Each domestic partner has a duty that
the notification under subparagraph (A) be timely filed, but the duty of 1
domestic partner shall be satisfied if the other domestic partner timely
executes and files the required notification.
(C) The Director shall promulgate
regulations establishing the criteria for determining when any condition
referred to under clause (ii), (iii), or (iv) of subsection (a)(2)(B) ceases to
be satisfied.
(3) When one
domestic partner dies, the other domestic partner shall, within 30 days after
the death, execute and file a notification of the death, in such form and in
such manner as prescribed by the Director in regulation.
(c)
Effectiveness
of the filing of an affidavit
(1) The filing of
an affidavit under subsection (a)(2) shall not be effective for purposes of
this section unless the filing individual is an employee, former employee, or
annuitant as of the time of the filing.
(2) No individual
shall, for purposes of the provisions of law to which this chapter applies, be
treated as being in a domestic partnership—
(A) unless an
affidavit has been filed in accordance with this section and with regulations
prescribed by the Director; or
(B) after the
earlier of—
(i) the date of
the death of either individual; or
(ii) the date as
of which the domestic partnership is otherwise terminated, as determined under
regulations prescribed by the Director.
(d)
Additional
notifications to government employer
A domestic partner employed
by an entity of the United States shall provide such notifications to the
employing entity of the formation, existence, or termination of the domestic
partnership, in addition to the filings required under subsections (a) and (b),
as may be required, and in such form and in such manner as prescribed, by the
Director in regulation.
(e)
Applicability
(1) This section
applies for purposes of the provisions of this title (excluding chapter
81).
(2) Two individuals
determined under section 8101(21) or 8171(e)(1)(A) to be domestic partners for
purposes of chapter 81 shall be deemed to be domestic partners in a domestic
partnership, as defined under section 2501, for purposes of any provision of
law to which that definition applies.
(3) Under regulations
prescribed by the President, the Secretary of Labor shall inform the Director
of any individuals determined under section 8101(21) or 8171(e)(1)(A) to be
domestic partners.
(f)
Regulations
The
Director shall issue regulations to carry out subsection (a) through
(d).
.
(b)
Technical
and conforming amendment
The
table of chapters for part III of title 5, United States Code, is amended by
inserting after the item relating to chapter 23 the following:
25. Federal
Employees in Domestic
Partnerships2501
.
102.
Guidance
and educational materials
(a)
In
general
The officers and agencies that have authority to develop
and issue guidance and educational materials with respect to benefits and
obligations established under the amendments made by this Act and the measures
taken under section 103 shall issue the materials—
(1) in accordance
with subsection (c); and
(2) if in the
executive branch, under the coordination of the Director of the Office of
Personnel Management.
(b)
Office of
Personnel Management
The Director of the Office of Personnel
Management shall, to the greatest extent practicable—
(1) compile the
materials referred to under subsection (a);
(2) prepare and
issue guidance and educational materials with respect to benefits and
obligations available to domestic partners of certain Secret Service and Park
Police Officers who are covered under the DC Police Officers’ and Firefighters’
Retirement Plan, and include that guidance documentation in the compilation
under paragraph (1); and
(3) ensure that
such materials are readily available to employees and their domestic partners,
both in print form and by publicly accessible website.
(c)
Timeliness
To
the maximum extent practicable, the materials shall be—
(1) prepared and
made readily available not later than 30 days before the effective date of this
Act; and
(2) updated as
necessary.
(d)
Effective
date
This section shall take effect on the date of enactment of
this Act.
103.
Review of
programs under which employment benefits and obligations are
established
(a)
Definitions
In
this section—
(1) the term
benefit includes any right, power, privilege, immunity, or
protection, whether substantive, procedural, remedial, or otherwise;
(2) the term
covered state means a State, foreign country, or political
subdivision of a foreign country in which a marriage between 2 individuals of
the same sex is recognized under the law of that State, country, or political
subdivision;
(3) the term
domestic partner means either of the individuals in a domestic
partnership;
(4) the term
domestic partnership means a relationship between 2
individuals—
(A) who are of
the same sex;
(B) at least 1 of
whom is an employee;
(C)
(i) who are in a
committed domestic-partnership relationship with each other satisfying the
conditions in clauses (ii), (iii), and (iv) and intend to remain so
indefinitely;
(ii) who have a common residence and
intend to continue to do so (or would have a common residence, but are
prevented from doing so because of such reasons as an assignment abroad or
other employment-related factors, financial considerations, family
responsibilities, or other such reasons);
(iii) who share responsibility for a
significant measure of each other’s welfare and financial obligations;
and
(iv) neither of whom is married to or
in a domestic partnership with anyone except each other;
(D) each of whom
are at least 18 years of age and mentally competent to consent to a
contract;
(E) who are not
related to each other by blood in a way that would prohibit legal marriage
between individuals otherwise eligible to marry in the jurisdiction (or, if
applicable, in any jurisdiction) in which the individuals have a common
residence; and
(F) neither of whom
reside in a covered state;
(5) the term
employee means—
(A) an employee
as defined under section 2501 of title 5, United States Code, as added by
section 101 of this Act;
(B) a member of
the commissioned corps of the Public Health Service or of the commissioned
corps of the National Oceanic and Atmospheric Administration; or
(C) any other
individual performing personal service to the Government (including an
instrumentality wholly owned by the United States), whether for pay, for
nominal pay, or as a volunteer, who is not performing such service as an
employee of any employer other than the Government or as a member of the Armed
Forces;
(6) the term
obligation includes any duty, disability, or liability, whether
substantive, procedural, remedial, or otherwise; and
(7) the term
State means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, or any other territory or possession of the
United States.
(b)
Reviews,
additional measures, recommendations, and reports to congress
Not
later than 180 days after the date of enactment of this Act, and not less
frequently than once every 2 years thereafter, the President and designees of
the President shall—
(1) conduct a
review of the employment benefits and of the employment obligations applied to
married employees and their spouses to determine what authority exists for the
President and designees of the President to apply such benefits and obligations
to employees who have domestic partners and the domestic partners of those
employees;
(2) include
within the review under paragraph (1) all employment benefits and obligations
under regulations prescribed by the President or a designee of the President,
or promulgated by the head of any agency or department of the executive
branch;
(3) take any
additional measures that can be taken, to the greatest extent practicable and
consistent with law, to apply such benefits and obligations to employees with
domestic partners and the domestic partners of those employees;
(4) develop
recommendations for any legislation to further apply such benefits and
obligations to employees with domestic partners and the domestic partners of
those employees; and
(5) submit a
report to Congress summarizing the review, determinations, and recommendations
under paragraphs (1), (2), (3), and (4).
(c)
Effective
date
This section shall take effect on the date of enactment of
this Act.
104.
Effective
date
(a)
In
general
Except as otherwise
specifically provided, this Act and amendments made by this Act shall take
effect 180 days after the date of enactment of this Act.
(b)
Application
to current and future employees
An employee, former employee, or
annuitant shall be eligible to establish a domestic partnership by filing an
affidavit under section 2502(a)(2) of title 5, United States Code, as added by
section 101 of this Act, only if the employee, former employee, or annuitant is
or has been employed as an employee on or after the effective date of this
Act.
II
Civil
Service Retirement System
201.
Definitions
Section 8331 is amended—
(1) in paragraph
(23), by striking subparagraph (B) and inserting the following:
(B) if the former
spouse—
(i) was married to
the individual for not less than 9 months; or
(ii) was in a
domestic partnership with the individual immediately before a marriage to such
individual, and the combined duration of the domestic partnership and marriage
was not less than 9
months;
;
(2) in paragraph
(30), by striking and at the end;
(3) in paragraph
(31), by striking the period and inserting a semicolon; and
(4) by adding at
the end the following:
(32) domestic
partner and domestic partnership have the meanings given
under section 2501; and
(33) former domestic partner means
a former domestic partner of an individual—
(A) if such
individual performed at least 18 months of civilian service covered under this
subchapter as an employee or Member; and
(B) if the former
domestic partner—
(i) was in a domestic
partnership with the individual for not less than 9 months; or
(ii) was married to
the individual immediately before entering into a domestic partnership with
such individual, and the combined duration of the marriage and domestic
partnership was not less than 9
months.
.
202.
Creditable
service
Section 8332 is
amended—
(1) in subsection
(c)(3)(C)(ii), by striking former spouse. and inserting
former spouse (or former domestic partner).; and
(2) in paragraphs
(4) and (5) of subsection (o), by striking spouse each place it
appears and inserting spouse (or domestic partner),.
203.
Computation
of annuity
Section 8339 is
amended—
(1) in subsection
(j)—
(A) in paragraph
(1)—
(i) by inserting
(or domestic partner) after the spouse each place
it appears;
(ii) by inserting
(or has a domestic partner) after is married;
and
(iii) by
inserting (or domestic partner’s) after the
spouse’s each place it appears;
(B) in paragraph
(2), by inserting (or former domestic partner) after
former spouse each place it appears;
(C) in paragraph
(3)—
(i) in the first
sentence—
(I) by inserting
(or former domestic partner) after former spouse
each place it appears; and
(II) by inserting
(or being in a domestic partnership with) after based on
marriage to;
(ii) in the
second sentence—
(I) by inserting
(or the domestic partnership of the former domestic partner
with) after the marriage of the former spouse to;
and
(II) by striking
is dissolved, and inserting is dissolved (or
terminated),;
(iii) in the
sixth sentence, by striking former spouse. and inserting
former spouse (or former domestic partner).;
(iv) in
subparagraph (B)—
(I) by striking
is then married, and inserting is then married (or is
then in a domestic partnership),; and
(II) by striking
the spouse’s written consent. and inserting the written
consent of the spouse (or domestic partner).; and
(v) by amending
the next to last sentence to read as follows: In the case of a retired
employee or Member whose annuity is being reduced in order to provide a
survivor annuity for a former spouse (or former domestic partner), an election
to provide or increase a survivor annuity for any other former spouse (or any
other former domestic partner), and to continue an appropriate reduction for
that purpose, may be made within the same period that, and subject to the same
conditions under which, an election could be made under paragraph (5)(B) for a
current spouse (or a current domestic partner), subject to the provisions of
this paragraph relating to consent of a current spouse (or of a current
domestic partner), if the retired employee or Member is then married (or in a
domestic partnership).; and
(D) by amending
paragraph (5) to read as follows:
(5)
(A) Any reduction in an annuity for the purpose
of providing a survivor annuity for the current spouse (or the current domestic
partner) of a retired employee or Member shall be terminated for each full
month—
(i) after the death of the spouse (or domestic
partner); or
(ii) after the dissolution of the marriage of
the spouse (or the termination of the domestic partnership of the domestic
partner) to the employee or Member,
except that an appropriate reduction shall be made
thereafter if the spouse (or domestic partner) is entitled, as a former spouse
(or former domestic partner), to a survivor annuity under section
8341(h).
(B) Any reduction in an annuity for the purpose
of providing a survivor annuity for a former spouse (or a former domestic
partner) of a retired employee or Member shall be terminated for each full
month after the former spouse remarries (or enters into a domestic partnership)
(or the former domestic partner enters into a subsequent domestic partnership
or marries) before reaching age 55 or dies. This reduction shall be replaced by
an appropriate reduction or reductions under paragraph (4) if the retired
employee or Member has (i) another former spouse (or another former domestic
partner) who is entitled to a survivor annuity under section 8341(h), (ii) a
current spouse to whom the employee or Member was married (or a current
domestic partner with whom the employee or Member was in a domestic
partnership) at the time of retirement and with respect to whom a survivor
annuity was not jointly waived under paragraph (1), or (iii) a current spouse
whom the employee or Member married (or a current domestic partner with whom
the employee or Member entered into domestic partnership) after retirement and
with respect to whom an election has been made under subparagraph (C) or
subsection (k)(2).
(C)
(i) Upon entry into a subsequent marriage (or
domestic partnership), a retired employee or Member who was married (or in a
domestic partnership) at the time of retirement, including an employee or
Member whose annuity was not reduced to provide a survivor annuity for the
employee’s or Member's spouse or former spouse (or domestic partner or former
domestic partner) as of the time of retirement, may irrevocably elect during
such marriage (or domestic partnership), in a signed writing received by the
Office—
(I) within 2 years after such entry into a
subsequent marriage (or domestic partnership); or
(II) if later, within 2 years
after—
(aa) the death of or entry into a subsequent
marriage (or domestic partnership) by any former spouse (or former domestic
partner) of such employee or Member who was entitled to a survivor annuity
under section 8341(h); or
(bb) if there was more than 1 surviving
former spouse (or surviving former domestic partner), the death of or entry
into a subsequent marriage (or domestic partnership) by the last such surviving
former spouse (or surviving former domestic partner),
a reduction in the employee’s or Member's annuity
under paragraph (4) for the purpose of providing an annuity for such employee’s
or Member's spouse (or domestic partner) in the event such spouse (or domestic
partner) survives the employee or Member.
(ii) Such election and reduction shall be
effective the first day of the second month after the election is received by
the Office, but not less than 9 months after the date of the subsequent
marriage (or entry into the subsequent domestic partnership), and the retired
employee or Member shall deposit in the Fund an amount determined by the Office
of Personnel Management, as nearly as may be administratively feasible, to
reflect the amount by which the annuity of such retired employee or Member
would have been reduced if the election had been in effect since the date of
retirement or, if later, the date the previous reduction in such retired
employee’s or Member's annuity was terminated under subparagraph (A) or (B),
plus interest. For the purposes of the preceding sentence, the annual rate of
interest for each year during which an annuity would have been reduced if the
election had been in effect on and after the applicable date referred to in
such sentence shall be 6 percent.
(iii) The Office shall, by regulation, provide
for payment of the deposit required under clause (ii) by a reduction in the
annuity of the employee or Member. The reduction shall, to the extent
practicable, be designed so that the present value of the future reduction is
actuarially equivalent to the deposit required under clause (ii), except that
total reductions in the annuity of an employee or Member to pay deposits
required by the provisions of this paragraph or paragraph (3) shall not exceed
25 percent of the annuity computed under subsections (a) through (i), (n), (q),
and (r), including adjustments under section 8340. The reduction required by
this clause, which shall be effective on the same date as the election under
clause (i), shall be permanent and unaffected by any future dissolution of the
marriage (or termination of the domestic partnership). Such reduction shall be
independent of and in addition to the reduction required under clause
(i).
(iv) Notwithstanding any other provision of this
subparagraph, an election under this subparagraph may not be made for the
purpose of providing an annuity in the case of a spouse by remarriage (or a
domestic partner by a subsequent domestic partnership) if such spouse was
married to (or if such domestic partner was in a domestic partnership with) the
employee or Member at the time of such employee’s or Member's retirement, and
all rights to survivor benefits for such spouse (or domestic partner) under
this subchapter based on marriage (or domestic partnership) to such employee or
Member were then waived under paragraph (1) or a similar prior provision of
law.
(v) An election to provide a survivor annuity
to a person under this subparagraph—
(I) shall prospectively void any election made
by the employee or Member under subsection (k)(1) with respect to such person;
or
(II) shall, if an election was made by the
employee or Member under such subsection (k)(1) with respect to a different
person, prospectively void such election if appropriate written application is
made by such employee or Member at the time of making the election under this
subparagraph.
(vi) The deposit provisions of clauses (ii) and
(iii) shall not apply if—
(I) the employee or Member makes an election
under this subparagraph after having made an election under subsection (k)(1);
and
(II) the election under subsection (k)(1)
becomes void under clause (v).
;
(2) in subsection
(k)—
(A) in paragraph
(1)—
(i) by striking a married employee or
Member and inserting an employee or Member who is married (or in
a domestic partnership); and
(ii) by inserting
(or domestic partner) after spouse each place it
appears; and
(B) in paragraph
(2)—
(i) by striking
the matter before subparagraph (B) and inserting the following:
(2)
(A) An employee or
Member, who is unmarried (and not in a domestic partnership) at the time of
retiring under a provision of law which permits election of a reduced annuity
with a survivor annuity payable to such employee’s or Member's spouse (or
domestic partner) and who later marries (or enters into a domestic
partnership), may irrevocably elect, in a signed writing received in the
Office—
(i) within 2 years after such employee or
Member marries (or enters into a domestic partnership); or
(ii) if later, within 2 years
after—
(I) the death of, or entry into a
subsequent marriage (or domestic partnership) by, any former spouse (or former
domestic partner) of such employee or Member who was entitled to a survivor
annuity under section 8341(h); or
(II) if there was more than 1 surviving
former spouse (or surviving former domestic partner), the death of or entry
into a subsequent marriage (or domestic partnership) by the last such surviving
former spouse (or surviving former domestic partner),
a
reduction in the retired employee or Member's current annuity as provided in
subsection
(j).
;
(ii) in
subparagraph (B)(i) (in the matter before subclause (I)), by striking
marriage. and inserting marriage (or entry into a
domestic partnership).;
(iii) in
subparagraph (B)(ii), by inserting (or in a domestic
partnership) after married; and
(iv) in
subparagraph (C), by striking marriage. and inserting
marriage (or domestic partnership).; and
(3) in subsection
(o)(1)—
(A) in
subparagraphs (A)(i) and (B)(i), by striking is married, and
inserting is married (or is in a domestic partnership),;
and
(B) in
subparagraph (A) (in the matter following clause (ii)), by inserting (or
domestic partner) after spouse.
204.
Cost-of-living
adjustment of annuities
Section 8340 is amended—
(1) in subsection
(a)—
(A) by striking
and at the end of paragraph (1);
(B) by striking
the period at the end of paragraph (2) and inserting ; and;
and
(C) by adding at
the end the following:
(3) the terms widow,
widower, and surviving partner have the respective
meanings given them under section 8341.
;
and
(2) in subsection
(c)(1)—
(A) in the matter
before subparagraph (A), by striking all after who retires, and
before of a deceased annuitant and inserting to the
widow, widower, or former spouse (or the surviving partner or former domestic
partner) of a deceased employee or Member, or to the widow, widower, or former
spouse (or the surviving partner or former domestic partner), or insurable
interest designee; and
(B) in
subparagraph (B)(ii), by striking a widow, widower, former spouse, or
insurable interest designee and inserting a widow, widower, or
former spouse (or surviving partner or former domestic partner) or insurable
interest designee.
205.
Survivor
annuities
Section 8341 is
amended—
(1) in subsection
(a)—
(A) by striking
paragraphs (1) and (2) and inserting the following:
(1) widow
means the surviving wife of an employee or Member who—
(A) was married to
such employee or Member for not less than 9 months immediately before the death
of such employee or Member;
(B) was married to
such employee or Member immediately before the death of such employee or
Member, was in a domestic partnership with such employee or Member immediately
before the marriage to such employee or Member, and the combined duration of
the domestic partnership and marriage was not less than 9 months; or
(C) is the mother of
issue by that marriage;
(2) widower
means the surviving husband of an employee or Member who—
(A) was married to
the employee or Member for not less than 9 months immediately before the death
of the employee or Member;
(B) was married to
such employee or Member immediately before the death of such employee or
Member, was in a domestic partnership with the employee or Member immediately
before the marriage to such employee or Member, and the combined duration of
the domestic partnership and marriage was not less than 9 months; or
(C) is the father of
issue in that
marriage;
;
(B) by redesignating
paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
(C) by inserting
after paragraph (2) the following:
(3) surviving
partner means the surviving domestic partner of an employee or Member
who—
(A) was in a
domestic partnership with such employee or Member for not less than 9 months
immediately before the death of such employee or Member; or
(B) satisfies
such other requirements, related to parenthood and the domestic partnership, as
the Director of the Office of Personnel Management shall by regulation
prescribe based on the definition of a widow or widower under paragraphs (1)(B)
and (2)(B) of this section;
;
and
(D) in paragraph
(5) (as so redesignated by subparagraph (A))—
(i) in
subparagraph (A)—
(I) by striking
an unmarried dependent child and inserting a dependent
child who is unmarried (and not in a domestic partnership) and;
(II) in clause
(ii), by striking stepchild but only if the stepchild and
inserting stepchild (or child of the domestic partner not adopted by or
otherwise the child of the employee or Member) but only if the stepchild (or
the child of the domestic partner); and
(III) in clause
(iv), by inserting (or surviving domestic partner) after
the surviving spouse; and
(ii) in
subparagraphs (B) and (C), by striking unmarried dependent child
and inserting dependent child who is unmarried (and not in a domestic
partnership);
(2) in subsection
(b)—
(A) in paragraph
(1)—
(i) by striking
widow or widower each place it appears and inserting
widow or widower (or surviving partner); and
(ii) by striking
remarriage, and inserting remarriage (or entry into a
subsequent domestic partnership);
(B) in paragraph
(2)—
(i) by striking widow or widower
each place it appears and inserting widow or widower (or surviving
partner); and
(ii) by inserting
(or in a domestic partnership with) after married
to;
(C) in paragraph
(3)—
(i) in the matter
before subparagraph (A), by inserting (or domestic partner)
after spouse;
(ii) by striking widow or widower
each place it appears and inserting widow or widower (or surviving
partner); and
(iii) in
subparagraph (B), by inserting (or, in the case of a widow or widower,
enters into a domestic partnership) (or, in the case of a surviving partner,
enters into a subsequent domestic partnership or marries) after
remarries; and
(D) in paragraph
(4)—
(i) by striking widow or widower
each place it appears and inserting widow or widower (or surviving
partner); and
(ii) in
subparagraph (B), by inserting (or former domestic partner)
after former spouse;
(3) in subsection
(d)—
(A) by striking widow or widower
each place it appears and inserting widow or widower (or surviving
partner);
(B) in subparagraph (B), by inserting
(or former domestic partner) after former spouse;
and
(C) in clause
(ii), by inserting (or, in the case of a widow or widower, enters into a
domestic partnership) (or, in the case of a surviving partner, enters into a
subsequent domestic partnership or marries) after
remarries;
(4) in subsection
(e)—
(A) by striking
the matter before paragraph (2) and inserting the following:
(e)
(1) For the purposes of
this subsection—
(A) the term former spouse
includes a former spouse who was married to an employee or Member for less than
9 months and a former spouse of an employee or Member who completed less than
18 months of service covered by this subchapter; and
(B) the term former domestic
partner includes a former domestic partner who was in a domestic
partnership with an employee or Member for less than 9 months and a former
domestic partner of an employee or Member who completed less than 18 months of
service covered by this
subchapter.
;
(B) in paragraph
(2), by striking a spouse or a former spouse each place it
appears and inserting a spouse or former spouse (or a domestic partner
or former domestic partner);
(C) in paragraph
(3)—
(i) in
subparagraph (E), by striking dies or marries; and inserting
dies or marries (or enters into a domestic partnership);;
and
(ii) in the
matter following subparagraph (E)—
(I) by inserting
(or domestic partner or former domestic partner) after
spouse or former spouse; and
(II) by striking
spouse, former spouse, or child and inserting spouse or
former spouse (or domestic partner or former domestic partner) or
child,; and
(D) in paragraph
(4), by striking marriage, then, if such marriage and inserting
marriage, then, if such marriage (or a domestic partnership, then, if
such domestic partnership);
(5) by striking
subsection (f) and inserting the following:
(f) If a Member heretofore or hereafter
separated from the service with title to deferred annuity from the Fund
hereafter dies before having established a valid claim for annuity and is
survived by a spouse to whom married (or a domestic partner to whom in a
domestic partnership) at the date of separation, the surviving spouse (or
surviving partner)—
(1) is entitled to an annuity equal to 55
percent of the deferred annuity of the Member commencing on the day after the
Member dies and terminating on the last day of the month before the surviving
spouse dies or remarries (or enters into a domestic partnership) (or the
surviving domestic partner dies or enters into a subsequent domestic
partnership or marries); or
(2) may elect to
receive the lump-sum credit instead of annuity if the spouse (or domestic
partner) is the individual who would be entitled to the lump-sum credit and
files application therefor with the Office before the award of the
annuity.
Notwithstanding the preceding
sentence, an annuity payable under this subsection to the surviving spouse (or
surviving domestic partner) of a Member may not exceed the difference
between—
(A) the annuity
which would otherwise be payable to such surviving spouse (or such surviving
domestic partner) under this subsection; and
(B) the amount of
the survivor annuity payable to any former spouse (or any former domestic
partner) of such Member under subsection
(h).
;
(6) by striking
subsection (g) and inserting the following:
(g) In the case of a surviving spouse (or
surviving domestic partner) whose annuity under this section is terminated
because of a subsequent entry into a marriage (or domestic partnership) before
becoming 55 years of age, annuity at the same rate shall be restored commencing
on the day the remarriage (or subsequent domestic partnership) is dissolved by
death, annulment, or divorce (or terminated), if—
(1) the surviving spouse (or surviving domestic
partner) elects to receive this annuity instead of a survivor benefit to which
he may be entitled, under this subchapter or another retirement system for
Government employees, by reason of the subsequent entry into a marriage (or
domestic partnership); and
(2) any lump sum
paid on termination of the annuity is returned to the
Fund.
;
(7) by striking
subsection (h) and inserting the following:
(h)
(1) Subject to paragraphs (2) through (5), a
former spouse (or former domestic partner) of a deceased employee, Member,
annuitant, or former Member who was separated from the service with title to a
deferred annuity under section 8338(b) is entitled to a survivor annuity under
this subsection, if and to the extent expressly provided for in an election
under section 8339(j)(3), or in the terms of any decree of divorce or annulment
or any court order or court-approved property settlement agreement incident to
such decree.
(2)
(A) The annuity payable to a former spouse (or
former domestic partner) under this subsection may not exceed the difference
between—
(i) the amount applicable in the case of
such former spouse (or former domestic partner), as determined under
subparagraph (B); and
(ii) the amount of any annuity payable
under this subsection to any other former spouse (or former domestic partner)
of the employee, Member, or annuitant, based on an election previously made
under section 8339(j)(3), or a court order previously issued.
(B) The applicable amount, for purposes of
subparagraph (A)(i) in the case of a former spouse (or former domestic
partner), is the amount which would be applicable—
(i) under subsection (b)(4)(A) in the case
of a widow or widower (or surviving partner), if the deceased was an employee
or Member who died after retirement;
(ii) under subparagraph (A) of subsection
(d) in the case of a widow or widower (or surviving partner), if the deceased
was an employee or Member described in the first sentence of such subsection;
or
(iii) under subparagraph (A) of subsection (f) in
the case of a surviving spouse (or surviving domestic partner), if the deceased
was a Member described in the first sentence of such subsection.
(3) The commencement and termination of an
annuity payable under this subsection shall be governed by the terms of the
applicable order, decree, agreement, or election, as the case may be, except
that any such annuity—
(A) shall not commence before—
(i) the day after the employee, Member,
or annuitant dies; or
(ii) the first day of the second month
beginning after the date on which the Office receives written notice of the
order, decree, agreement, or election, as the case may be, together with such
additional information or documentation as the Office may prescribe,
whichever is later, and
(B) shall terminate—
(i) except as provided in subsection
(k), in the case of an annuity computed by reference to clause (i) or (ii) of
paragraph (2)(B), no later than the last day of the month before the former
spouse remarries (or enters into a domestic partnership) (or former domestic
partner enters into a subsequent domestic partnership or marries) before
becoming 55 years of age or dies; or
(ii) in the case of an annuity computed by
reference to clause (iii) of such paragraph, no later than the last day of the
month before the former spouse remarries (or enters into a domestic
partnership) or dies (or the former domestic partner enters into a subsequent
domestic partnership or marries or dies).
(4) For purposes of this subchapter, a
modification in a decree, order, agreement, or election referred to in
paragraph (1) shall not be effective—
(A) if such modification is made after the
retirement or death of the employee or Member concerned, and
(B) to the extent that such modification
involves an annuity under this subsection.
(5) For purposes of this subchapter, a
decree, order, agreement, or election referred to in paragraph (1) shall not be
effective, in the case of a former spouse (or former domestic partner), to the
extent that it is inconsistent with any joint designation or waiver previously
executed with respect to such former spouse (or former domestic partner) under
section 8339(j)(1) or a similar prior provision of law.
(6) Any payment under this subsection to
a person bars recovery by any other person.
(7) As used in this subsection,
court means any court of any State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin
Islands, and any Indian
court.
;
(8) by striking
subsection (i) and inserting the following:
(i) The
requirement in subsections (a)(1), (a)(2), and (a)(3) that the surviving spouse
(or surviving domestic partner) of an employee or Member have been married to
(or in a domestic partnership with, or a combination thereof) such employee or
Member for not less than 9 months immediately before the death of the employee
or Member in order to qualify as the widow or widower (or surviving partner) of
such employee or Member shall be deemed satisfied in any case in which the
employee or Member dies within the applicable 9-month period, if—
(1) the death of
the employee or Member was accidental; or
(2) the surviving
spouse (or surviving domestic partner) of such individual had been previously
married to (or in a domestic partnership with) the individual that was
subsequently dissolved (or terminated), and the aggregate time married (or in a
domestic partnership) is not less than 9
months.
;
and
(9) by
redesignating subsection (k) as subsection (j) and amending such subsection to
read as follows:
(j)
(1) Subsections
(b)(3)(B), (d)(ii), and (h)(3)(B)(i), to the extent that they provide for
termination of a survivor annuity because of a subsequent entry into a marriage
(or domestic partnership) before age 55, shall not apply if—
(A) the widow, widower, or former
spouse—
(i) was married to the individual on
whose service the survivor annuity is based for not less than 30 years;
or
(ii) was in a domestic partnership with
the individual on whose service the survivor annuity is based immediately
before marriage to such individual, and the combined duration of the domestic
partnership and marriage was not less than 30 years; or
(B) the surviving partner or former
domestic partner—
(i) was in a domestic partnership with
the individual on whose service the survivor annuity is based for not less than
30 years; or
(ii) was married to the individual on
whose service the survivor annuity is based immediately before entering into a
domestic partnership with such individual, and the combined duration of the
marriage and the domestic partnership was not less than 30 years.
(2) A subsequent entry into a marriage
(or domestic partnership) described in paragraph (1) shall not be taken into
account for purposes of subparagraph (B) or (C) of section 8339(j)(5) or any
other provision of this chapter which the Director of the Office of Personnel
Management may by regulation identify in order to carry out the purposes of
this
subsection.
.
206.
Lump-sum benefits;
designation of beneficiary; order of precedence
Section 8342 is amended—
(1) in subsection
(c)—
(A) by inserting
(or surviving partner) after widow or widower;
and
(B) by striking
stepchild. and inserting stepchild (or a child of a
domestic partner which child is not adopted by or otherwise a child of the
employee or Member).; and
(2) in subsection
(j)—
(A) in paragraph
(1)(A), by inserting (or the domestic partner, if any) after
the spouse, if any;
(B) by inserting (or domestic
partner) after spouse each place it appears; and
(C) by inserting
(or former domestic partner) after former spouse
each place it appears.
207.
Alternative
forms of annuities
Section
8343a is amended—
(1) in subsection
(b)(2)—
(A) (in the
material before subparagraph (A)), by inserting (or in a domestic
partnership) after married; and
(B) in
subparagraph (B), by inserting (or surviving domestic partner)
after surviving spouse;
(2) in subsection
(d)—
(A) in paragraph
(1), by striking married, each place it appears and inserting
married (or in a domestic partnership),; and
(B) in paragraph
(2), by striking former spouse, and inserting former
spouse (or former domestic partner),; and
(3) in subsection
(e), by inserting (or in a domestic partnership) after
married.
208.
Administration;
regulations
Section
8347(n)(1)(D) is amended by striking their spouses, and their former
spouses and inserting their spouses (and domestic partners), and
their former spouses (and former domestic partners).
209.
Participation
in the Thrift Savings Plan
Section 8351(b)(5) is amended—
(1) in
subparagraphs (A), (B), and (C), by inserting (or domestic
partner) after spouse each place it appears;
(2) in
subparagraph (B), by striking a married employee or Member and
inserting an employee or Member who is married (or in a domestic
partnership); and
(3) in
subparagraph (D), by inserting (or domestic partner or former domestic
partner) after spouse or former spouse.
III
Federal
Employees’ Retirement System
A
General
provisions
301.
Definitions
Section 8401 is amended—
(1) in paragraph
(12), by striking subparagraph (B) and inserting the following:
(B) if the former
spouse—
(i) was married to
such individual for not less than 9 months; or
(ii) was in a
domestic partnership with the individual immediately before a marriage to such
individual, and the combined duration of the domestic partnership and marriage
was not less than 9
months;
;
(2) in paragraph
(36), by striking and at the end;
(3) in paragraph
(37), by striking the period at the end and inserting a semicolon; and
(4) by adding at
the end the following:
(38) domestic
partner and domestic partnership have the meanings given
under section 2501; and
(39) former
domestic partner means a former domestic partner of an
individual—
(A) if such
individual performed not less than 18 months of civilian service creditable
under section 8411 as an employee or Member; and
(B) if the former
domestic partner—
(i) was in a domestic
partnership with such individual for not less than 9 months; or
(ii) was married to
the individual immediately before entering into a domestic partnership with
such individual, and the combined duration of the marriage and domestic
partnership was not less than 9
months.
.
B
Creditable
service
311.
Creditable
service
Section 8411 is
amended—
(1) in subsection
(c)(4)(C)(ii), by inserting (or former domestic partner) after
former spouse;
(2) in subsection
(l)(4)(B)(i), by inserting (or domestic partner) after
spouse; and
(3) in subsection
(l)(5), by inserting (or domestic partner) after
spouse each place it appears.
312.
Survivor
reduction for a current spouse or a current domestic partner
(a)
In
general
Section 8416 is
amended—
(1) in the
section heading, by inserting (or domestic partner) after
spouse;
(2) in subsection
(a)—
(A) by inserting
(or in a domestic partnership) after married each
place it appears;
(B) by inserting
(or domestic partner) after spouse each place it
appears; and
(C) by inserting
(or domestic partner’s) after spouse’s each place
it appears;
(3) by striking
subsection (b) and inserting the following:
(b)
(1) Upon entry into a
subsequent marriage (or subsequent domestic partnership), a retired employee or
Member who was married (or in a domestic partnership) at the time of
retirement, including an employee or Member whose annuity was not reduced to
provide a survivor annuity for the employee’s or Member’s spouse or former
spouse (or domestic partner or former domestic partner) as of the time of
retirement, may irrevocably elect during such marriage (or domestic
partnership), in a signed writing received by the Office—
(A) within 2 years after such entry into a
subsequent marriage (or domestic partnership); or
(B) if later, within 2 years after—
(i) the death of or entry into a
subsequent marriage (or domestic partnership) by any former spouse (or former
domestic partner) of such employee or Member who was entitled to a survivor
annuity under section 8445, or
(ii) if there was more than 1 surviving former
spouse (or surviving former domestic partner), the death of or entry into a
subsequent marriage (or domestic partnership) by the last such surviving former
spouse (or surviving former domestic partner),
a reduction in the employee’s or Member’s annuity
under section 8419(a) for the purpose of providing an annuity for such
employee’s or Member’s spouse (or domestic partner) in the event such spouse
(or domestic partner) survives the employee or Member.
(2) The election and reduction shall be
effective the first day of the second month after the election is received by
the Office, but not less than 9 months after the date of the subsequent
marriage (or entry into the subsequent domestic partnership).
(3) An election to provide a survivor annuity
to an individual under this subsection—
(A) shall prospectively void any election
made by the employee or Member under section 8420 with respect to such
individual; or
(B) shall, if an election was made by the
employee or Member under section 8420 with respect to a different individual,
prospectively void such election if appropriate written application is made by
such employee or Member at the time of making the election under this
subsection.
(4) Any election under this subsection made by
an employee or Member on behalf of an individual after the retirement of such
employee or Member shall not be effective if—
(A) the employee or Member was married to
(or in a domestic partnership with) such individual at the time of retirement;
and
(B) the annuity rights of such individual
based on the service of such employee or Member were then waived under
subsection
(a).
;
(4) in subsection
(c)—
(A) by striking
the matter before paragraph (2) and inserting the following:
(c)
(1) An employee or
Member who is unmarried (and not in a domestic partnership) at the time of
retiring under this chapter and who later marries (or enters into a domestic
partnership) may irrevocably elect, in a signed writing received by the
Office—
(A) within 2 years after such employee or
Member marries (or enters into a domestic partnership); or
(B) if later, within 2 years after—
(i) the death of or entry into a
subsequent remarriage (or entry into a subsequent domestic partnership or a
marriage by any former domestic partner) by of any former spouse (or domestic
partner) of such employee or Member who was entitled to a survivor annuity
under section 8445,
(ii) if more than 1 surviving former
spouse (or surviving former domestic partner), the death of or entry into a
subsequent marriage (or domestic partnership) by the last such surviving former
spouse (or surviving former domestic partner),
a reduction in the current annuity of the retired
employee or Member, in accordance with section
8419(a).
;
and
(B) in paragraph
(2), by striking marriage. and inserting marriage (or
domestic partnership).; and
(5) in subsection
(d)(1)—
(A) by inserting
(or in a domestic partnership) after married;
and
(B) by inserting
(or domestic partner) after spouse each place it
appears.
(b)
Technical
and conforming amendment
The table of sections for chapter 84 of
title 5, United States Code, is amended by striking the item relating to
section 8416 and inserting the following:
8416. Survivor reduction for a current
spouse (or domestic
partner).
.
313.
Survivor
reduction for a former spouse or former domestic partner
(a)
In
general
Section 8417 is
amended—
(1) in the
section heading, by inserting (or former domestic partner) after
former
spouse;
(2) in subsection
(a), by inserting (or a former domestic partner) after
former spouse; and
(3) in subsection
(b)—
(A) in paragraph
(1), by inserting (or former domestic partner) after
former spouse each place it appears;
(B) by amending
paragraph (2) to read as follows:
(2) An election under this subsection shall be
made at the time of retirement or, if the marriage is dissolved (or the
domestic partnership is terminated) after the date of retirement, within 2
years after the date on which the marriage of the former spouse to the employee
or Member is so dissolved (or the domestic partnership of the former domestic
partner with the employee or Member is so
terminated).
;
and
(C) in paragraph
(3)—
(i) in
subparagraph (A)(ii), by inserting (or a surviving partner)
after a widow or widower; and
(ii) by amending
subparagraph (B) to read as follows:
(B) shall not be effective, in the case of
an employee or Member who is then married (or in a domestic partnership),
unless it is made with the spouse’s (or domestic partner’s) written
consent.
.
(b)
Technical
and conforming amendment
The table of sections for chapter 84 of
title 5, United States Code, is amended by striking the item relating to
section 8417 and inserting the following:
8417. Survivor reduction for a former
spouse (or former domestic
partner).
.
314.
Survivor
elections; deposit; offsets
Section 8418(b) is amended—
(1) by inserting
(or domestic partnership) after marriage;
and
(2) by striking
former spouse. inserting former spouse (or former
domestic partner)..
315.
Survivor
reductions; computation
Section 8419 is amended—
(1) in subsection
(a), by inserting (or domestic partner) after
spouse each place it appears; and
(2) by amending
subsection (b) to read as follows:
(b)
(1) Any reduction in an
annuity for the purpose of providing a survivor annuity for the current spouse
(or current domestic partner) of a retired employee or Member shall be
terminated for each full month—
(A) after the death of the spouse (or
domestic partner); or
(B) after the dissolution of the spouse’s
marriage to (or the termination of the domestic partner’s domestic partnership
with) the employee or Member, except that an appropriate reduction shall be
made thereafter if the spouse (or domestic partner) is entitled, as a former
spouse (or former domestic partner), to a survivor annuity under section
8445.
(2) Any reduction in an annuity for the purpose
of providing a survivor annuity for a former spouse (or former domestic
partner) of a retired employee or Member shall be terminated for each full
month after the former spouse remarries (or enters into a domestic partnership)
(or the former domestic partner enters into a subsequent domestic partnership
or marries) before reaching age 55 or dies. This reduction shall be replaced by
appropriate reductions under subsection (a) if the retired employee or Member
has—
(A) another former spouse (or former
domestic partner) who is entitled to a survivor annuity under section
8445;
(B) a
current spouse to whom the employee or Member was married (or a current
domestic partner with whom the employee or Member was in a domestic
partnership) at the time of retirement and with respect to whom a survivor
annuity was not waived under section 8416(a) or, if waived, with respect to
whom an election under section 8416(d) has been made; or
(C) a
current spouse whom the employee or Member married (or current domestic partner
with whom the employee or Member entered into a domestic partnership) after
retirement and with respect to whom an election has been made under subsection
(b) or (c) of section
8416.
.
316.
Insurable
interest reductions
Section
8420 is amended—
(1) in subsection
(b)(1)—
(A) by striking
married employee or Member and inserting employee or
Member who is married (or in a domestic partnership); and
(B) by inserting
(or domestic partner) after spouse each place it
appears; and
(2) in subsection
(b)(2), by inserting (or former domestic partner) after
former spouse.
317.
Alternative
forms of annuities
Section
8420a is amended—
(1) in subsection
(b)(2)—
(A) in the matter
before subparagraph (A), by inserting (or in a domestic
partnership) after married; and
(B) in
subparagraph (B), by striking surviving spouse. inserting
surviving spouse (or surviving domestic partner).;
(2) in subsection
(d)—
(A) in paragraph
(1), by striking married, inserting married (or in a
domestic partnership), and
(B) in paragraph (2), by inserting (or
former domestic partner) after former spouse each place
it appears; and
(3) in subsection
(e), by inserting (or in a domestic partnership) after
married.
318.
Lump-sum
benefits; designation of beneficiary; order of precedence
Section 8424 is amended—
(1) in subsection
(b)—
(A) in paragraph
(1)—
(i) in
subparagraph (A), by striking the spouse, if any, and any former
spouse and inserting any spouse or former spouse (and any
domestic partner or former domestic partner); and
(ii) in
subparagraph (B), by striking spouse or former spouse each place
it appears and inserting spouse or former spouse (or domestic partner or
former domestic partner); and
(B) in paragraph
(2), by striking spouse or former spouse each place it appears
and inserting spouse or former spouse (or domestic partner or former
domestic partner); and
(2) in subsection
(d)—
(A) by striking
widow or widower and inserting widow or widower (or
surviving partner); and
(B) by striking
“stepchild.” and inserting stepchild (or a child of a domestic partner
which child is not adopted by or otherwise a child of the employee or
Member)..
C
Thrift
Savings Plan
321.
Benefits
and election of benefits
Section 8433(e) is amended by striking
paragraph (2) and inserting the following:
(2) Notwithstanding
section 8424(d), if an employee, Member, former employee, or former Member dies
and has designated as sole or partial beneficiary his or her spouse (or
domestic partner) at the time of death, or, if an employee, Member, former
employee, or former Member, dies with no designated beneficiary and is survived
by a spouse (or domestic partner), the spouse (or domestic partner) may
maintain the portion of the employee's or Member's account to which the spouse
(or domestic partner) is entitled in accordance with the following
terms:
(A) Subject to
the limitations of subparagraph (B), the spouse (or domestic partner) shall
have the same withdrawal options under subsection (b) as the employee or Member
were the employee or Member living.
(B) The spouse
(or domestic partner) may not make withdrawals under subsection (g) or
(h).
(C) The spouse
(or domestic partner) may not make contributions or transfers to the
account.
(D) The account
shall be disbursed upon the death of the surviving spouse (or surviving
domestic partner). A beneficiary or surviving spouse (or surviving domestic
partner) of a deceased spouse (or domestic partner) who has inherited an
account is ineligible to maintain the inherited spousal
account.
.
322.
Annuities:
methods of payment; election; purchase
Section 8434(a)(2) is amended—
(1) in
subparagraph (B), by inserting (or domestic partner) after
spouse; and
(2) in
subparagraph (E)(i), by inserting (or former domestic partner)
after former spouse.
323.
Protections
for spouses, domestic partners, former spouses, and former domestic
partners
(a)
In
general
Section 8435 is
amended—
(1) in the
section heading, by inserting (and domestic partners and former domestic
partners) after spouses and former spouses;
(2) in subsection
(a)—
(A) in paragraph
(1)—
(i) in
subparagraph (A), by striking A married employee or Member (or former
employee or Member) each place it appears and inserting An
employee or Member, or former employee or former Member, who is married (or in
a domestic partnership); and
(ii) in
subparagraph (B), by inserting (or domestic partner) after
spouse each place it appears; and
(B) in paragraph
(2), by inserting (or domestic partner’s) after
spouse’s each place it appears;
(3) in subsection
(b)—
(A) in paragraph
(1)—
(i) by inserting
(or surviving domestic partner) after surviving
spouse each place it appears; and
(ii) by inserting
(or in a domestic partnership) after married;
and
(B) in paragraph
(2)(A), by inserting (or domestic partner) after
spouse;
(4) in subsection
(d)—
(A) in paragraph
(1), by inserting (or former domestic partner) after
former spouse the first two places it appears;
(B) in paragraphs
(3) through (6), by inserting (or former domestic partner) after
former spouse each place it appears;
(C) in paragraph
(3)(B), by inserting (or former domestic partners) after
former spouses; and
(D) in paragraph
(3)(A), by inserting (or surviving domestic partner) after
surviving spouse;
(5) in subsection
(e)(1)—
(A) by striking
the matter before subparagraph (B) and inserting the following:
(e)
(1)
(A) A loan or withdrawal under subsection (g)
or (h) of section 8433 may be made to an employee or Member who is married (or
in a domestic partnership) only if the employee's or Member’s spouse (or
domestic partner) consents to such loan or withdrawal in
writing.
;
and
(B) in
subparagraph (C), by inserting (or domestic partner’s) after
spouse’s each place it appears; and
(6) in subsection
(g), by inserting (or domestic partner or former domestic
partner) after spouse or former spouse.
(b)
Technical
and conforming amendment
The table of sections for chapter 84 is
amended by striking the item relating to section 8435 and inserting the
following:
8435. Protections for spouses and former
spouses (and domestic partners and former domestic
partners).
.
324.
Justices
and judges
Section 8440a(b)(6)
is amended by inserting (or domestic partners) after
spouses.
D
Survivor
annuities
331.
Definitions
Section 8441 is amended—
(1) by striking
paragraphs (1) and (2) and inserting the following:
(1) widow
means the surviving wife of an employee or Member who—
(A) was married to
such employee or Member for not less than 9 months immediately before the death
of such employee or Member;
(B) was married to
such employee or Member immediately before the death of such employee or
Member, was in a domestic partnership with such employee or Member immediately
before the marriage to such employee or Member, and the combined duration of
the domestic partnership and marriage was not less than 9 months; or
(C) is the mother of
issue by that marriage;
(2) widower
means the surviving husband of an employee or Member who—
(A) was married to
the employee or Member for not less than 9 months immediately before the death
of the employee or Member;
(B) was married to
such employee or Member immediately before the death of such employee or
Member, was in a domestic partnership with the employee or Member immediately
before the marriage to such employee or Member, and the combined duration of
the domestic partnership and marriage was not less than 9 months; or
(C) is the father of
issue in that
marriage;
;
(2) by redesignating
paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by
inserting after paragraph (2) the following:
(3) the term surviving partner
means the surviving domestic partner of an employee, Member, or annuitant, or
of a former employee or Member, who—
(A) was in a domestic partnership with such
employee, Member, or annuitant, or former employee or Member, for not less than
9 months immediately before the death of such employee, Member, or annuitant,
or former employee or Member; or
(B) satisfies
such other requirements, based on parenthood and the domestic partnership, as
the Director of the Office of Personnel Management shall by regulation
prescribe based on the definition of a widow or widower under paragraphs (1)(B)
and (2)(B) of this section; and
;
and
(3) in paragraph
(5) (as so redesignated by paragraph (1))—
(A) in
subparagraph (A)—
(i) by striking
an unmarried dependent child and inserting a dependent
child who is unmarried (and not in a domestic partnership);
(ii) in clause
(ii), by striking stepchild but only if the stepchild and
inserting stepchild (or child of the domestic partner not adopted by or
otherwise the child of the employee or Member) but only if the stepchild (or
the child of the domestic partner); and
(iii) in clause
(iv), by inserting (or surviving partner) after widow or
widower; and
(B) in
subparagraphs (B) and (C), by striking unmarried dependent child
each place that term appears and inserting dependent child who is
unmarried (and not in a domestic partnership).
332.
Rights of
a widow, widower, or surviving partner
(a)
In
general
Section 8442 is
amended—
(1) in the
section heading, by inserting (or surviving partner) after
widow or
widower;
(2) in subsection
(a)—
(A) by inserting
(or surviving partner) after widow or widower
each place it appears;
(B) by inserting
(or entry into a domestic partnership) after
marriage; and
(C) by inserting
(or domestic partner) after spouse each place it
appears;
(3) in subsection
(b), by inserting (or surviving partner) after widow or
widower each place it appears;
(4) in subsection
(c)—
(A) in the matter
in paragraph (1) before subparagraph (A) thereof, by inserting (or a
surviving partner with whom in a domestic partnership) after
widow or widower to whom married; and
(B) by striking
widow or widower each place it appears (other than where amended
by subparagraph (A)) and inserting widow or widower (or surviving
partner);
(5) in subsection
(d)—
(A) by striking
widow or widower each place it appears and inserting
widow or widower (or surviving partner);
(B) in paragraph
(1)(B), by inserting (or enters into a domestic partnership) (or in the
case of a surviving partner, enters into a subsequent domestic partnership or
marries) after remarries;
(C) in paragraph
(2)—
(i) by striking
remarriage before and inserting subsequent entry into a
marriage (or domestic partnership) before;
(ii) by striking
remarriage is dissolved by death, divorce, or annulment, and
inserting subsequent marriage is dissolved by death, divorce, annulment
(or subsequent domestic partnership is terminated),; and
(iii) in
subparagraph (A), by striking remarriage; and inserting
subsequent marriage (or domestic partnership);; and
(D) in paragraph
(3)—
(i) by striking
“remarriage” and inserting “subsequent entry into a marriage (or domestic
partnership)”; and
(ii) by inserting
(or in a domestic partnership for not less than 30 years with)
after married for at least 30 years to;
(6) in subsection
(e)—
(A) in the matter
preceding paragraph (1)—
(i) by
striking paragraphs (1)(A) and (2)(A) and inserting
paragraphs (1), (2), and (3);
(ii) by inserting
(or surviving partner) after widow or widower
each place it appears; and
(iii) by
inserting (or in a domestic partnership with) after been
married to; and
(B) by amending
paragraph (2) to read as follows:
(2) the surviving
spouse of such individual had been previously married to such individual and
subsequently divorced (or the surviving partner of such individual had been
previously in a domestic partnership with such individual which domestic
partnership was subsequently terminated), and the time married (or in a
domestic partnership, or combination thereof) is not less than 9
months.
;
(7) in subsection
(g), by striking widow or widower and inserting widow or
widower (or surviving partner) each place it appears; and
(8) in subsection
(h)—
(A) by striking
widow or widower each place it appears and inserting
widow or widower (or surviving partner); and
(B) by inserting
(or former domestic partner) after former spouse
each place it appears.
(b)
Technical
and conforming amendment
The table of sections for chapter 84 is
amended by striking the item relating to section 8442 and inserting the
following:
8442. Rights of a widow or widower (or
surviving
partner).
.
333.
Rights of
a child
Section 8443(b) is
amended by striking subparagraph (E) and the matter following that subparagraph
and inserting the following:
(E) dies or
marries (or enters into a domestic partnership);
whichever
occurs first. On the death of the surviving wife or husband (or surviving
domestic partner), or former wife or husband (or former domestic partner), or
termination of the annuity of a child, the annuity of any other child or
children shall be recomputed and paid as though the wife or husband (or
domestic partner), former wife or husband (or former domestic partner), or
child had not survived the annuitant, employee, or Member. If the annuity of a
child under this subchapter terminates under subparagraph (E) because of
marriage (or domestic partnership), then, if such marriage (or domestic
partnership) ends, such annuity shall resume on the first day of the month in
which it ends, but only if any lump sum paid is returned to the Fund, and that
individual is not otherwise ineligible for such
annuity.
.
334.
Rights of
a former spouse or former domestic partner
(a)
In
general
Section 8445 is
amended—
(1) in the
section heading, by inserting (or former domestic partner) after
former
spouse;
(2) in subsection
(a), by inserting (or former domestic partner) after
former spouse;
(3) in subsection
(b)—
(A) by inserting
(or former domestic partner) after former spouse
each place it appears; and
(B) by inserting
(or surviving partner) after widow or
widower;
(4) in subsection
(c)(2), by inserting “(or enters into a domestic partnership) (or the former
domestic partner enters into a subsequent domestic partnership or marries)”
after “remarries”;
(5) in subsection
(e), by inserting (or former domestic partner) after
former spouse each place it appears; and
(6) by amending
subsection (h) to read as follows:
(h)
(1) Subsection (c)(2),
to the extent that it provides for termination of a survivor annuity because of
a subsequent entry into a marriage (or domestic partnership) before age 55,
shall not apply if—
(A) the former spouse—
(i) was married to the individual on
whose service the survivor annuity is based for not less than 30 years;
or
(ii) was in a domestic partnership with
the individual on whose service the survivor annuity is based immediately
before marriage to such individual, and the combined duration of the domestic
partnership and marriage was not less than 30 years; or
(B) the former domestic partner—
(i) was in a domestic partnership with
the individual on whose service the survivor annuity is based for not less than
30 years; or
(ii) was married the individual on
whose service the survivor annuity is based immediately before entering into a
domestic partnership with such individual, and the combined duration of the
marriage and the domestic partnership was not less than 30 years.
(2) A subsequent entry into a marriage
(or domestic partnership) described in paragraph (1) shall not be taken into
account for purposes of section 8419(b)(1)(B) or any other provision of this
chapter which the Director may by regulation identify in order to carry out the
purposes of this
subsection.
.
(b)
Technical
and conforming amendment
The table of sections for chapter 84 is
amended by striking the item relating to section 8445 and inserting the
following:
8445. Rights of a former spouse (or former
domestic
partner).
.
E
General
administrative provisions
341.
Authority
of the Office of Personnel Management
Section 8461(j)(1)(D) is amended by striking
such employees, their spouses, their former spouses, and their
survivors and inserting such employees and their spouses (and
domestic partners), former spouses (and former domestic partners), and
survivors.
342.
Cost-of-living
adjustments
Section 8462(c) is
amended—
(1) in paragraph
(2), by striking survivor (other than a widow or widower whose annuity
is computed under section 8442(g) or a child under section 8443) and
inserting the following: survivor, other than a widow or widower (or
surviving partner) whose annuity is computed under section 8442(g) or a child
under section 8443,;
(2) in paragraph
(4) (in the matter before subparagraph (A)), by inserting (or surviving
partner) after widow or widower; and
(3) in paragraph
(4)(B)(i), by inserting (or surviving partner’s) after
widow’s or widower’s.
F
Federal
Retirement Thrift Investment Management System
351.
Fiduciary
responsibilities; liability and penalties
Section 8477(a)(4)(F) is amended to read as
follows:
(F) a spouse (or
domestic partner), sibling, ancestor, lineal descendant, or spouse (or domestic
partner) of a lineal descendant of a person described in subparagraph (A), (B),
or
(D);
.
IV
Insurance
benefits
401.
Life
insurance
(a)
In
general
Chapter 87 is
amended—
(1) in section
8701(d)—
(A) in paragraph
(1)—
(i) in
subparagraph (A), by inserting (or domestic partner) after
spouse; and
(ii) in
subparagraph (B), by striking stepchild or foster child (but only if the
stepchild and inserting stepchild (or child of the domestic
partner of the individual not adopted by or otherwise the child of the
individual) or foster child (but only if the stepchild (or the child of the
domestic partner); and
(B) by adding at
the end the following:
(3) For the
purpose of this subsection, domestic partner has the meaning given
under section
2501.
;
(2) in section
8705(a), by inserting (or surviving domestic partner) after
widow or widower; and
(3) in section
8714c(b)(1)(A), by striking spouse; and inserting spouse
(or domestic partner);.
(b)
Effective
date
The amendments made by this section shall apply with respect
to calendar years beginning after the end of the 6-month period beginning on
the date of the enactment of this Act.
402.
Health
insurance
(a)
Definitions
Section 8901 is amended—
(1) in paragraph
(5)—
(A) in the matter
before subparagraph (A)—
(i) by inserting
(or domestic partner) after spouse; and
(ii) by striking
an unmarried dependent child and inserting a dependent
child who is unmarried (and not in a domestic partnership) and
is;
(B) in
subparagraph (B), by inserting (or a child of the domestic partner not
adopted by or otherwise the child of the employee or annuitant) after
stepchild; and
(C) in the matter
following subparagraph (B), by striking an unmarried dependent child
regardless of age and inserting a dependent child regardless of
age who is unmarried (and not in a domestic partnership);
(2) in paragraph
(8)(B), by striking or former spouses, and inserting
former spouses (or former domestic partners),;
(3) in paragraph
(10)—
(A) in
subparagraph (A), by inserting (or entered into a domestic
partnership) after remarried; and
(B) by striking
and at the end;
(4) by
redesignating paragraph (11) as paragraph (12), and by inserting after
paragraph (10) the following:
(11) former
domestic partner means a former domestic partner of an employee, former
employee, or annuitant—
(A) who has not
entered into another domestic partnership (or married) before age 55 after the
domestic partnership to the employee, former employee, or annuitant was
terminated;
(B) who was
enrolled in an approved health benefits plan under this chapter as a family
member at any time during the 18-month period before the date of the
termination of the domestic partnership to the employee, former employee, or
annuitant; and
(C)
(i) who is receiving
any portion of a survivor annuity under section 8341(h) or 8445 (or benefits
similar to either of the aforementioned annuity benefits under a retirement
system for Government employees other than the Civil Service Retirement System
or the Federal Employees’ Retirement System);
(ii) for whom an election has been made
under section 8339(j)(3) or 8417(b) (or similar provision of law); or
(iii) who is otherwise entitled to an
annuity or any portion of an annuity as a former domestic partner under a
retirement system for Government employees,
except
that such term shall not include any such former domestic partner of a former
employee whose domestic partnership was terminated after the former employee’s
separation from the service (other than by
retirement).
;
(5) by striking
the period at the end of paragraph (12) (as redesignated) and inserting
; and; and
(6) by adding at
the end the following:
(13) domestic
partner and domestic partnership have the meanings given
under section
2501.
.
(b)
Contracting
authority
Section 8902 is amended in subsections (g), (j), and
(k)(1), by striking former spouse, each place it appears and
inserting former spouse (or former domestic partner),.
(c)
Debarment
and other sanctions
Section 8902a(a)(1)(B) is amended by
inserting (or former domestic partner) after or former
spouse.
(d)
Health
benefits plans
Section 8903(1) is amended—
(1) by striking
former spouses, and inserting former spouses (or former
domestic partners),; and
(2) by striking
“former spouse,” and inserting “former spouse (or former domestic
partner),”.
(e)
Election of
coverage
Section 8905 is amended—
(1) in subsection
(c), by adding at the end the following:
(3) The Office shall prescribe regulations to
ensure that, in the administration of this subsection, parity of treatment is
afforded—
(A) to former spouses and former domestic
partners; and
(B) to the children of a marriage that has
been dissolved and the children of a domestic partnership that has been
terminated.
;
(2) in subsection
(e)—
(A) by inserting
(or domestic partner) after has a spouse;
and
(B) by striking
either spouse, and inserting either spouse (or either
domestic partner, as the case may be),; and
(3) in
subsections (f) and (g), by striking former spouse, each place
it appears and inserting former spouse (or former domestic
partner),.
(f)
Continued
coverage
Section 8905a is amended by adding at the end the
following:
(g) The Office shall prescribe regulations to
ensure that, in the administration of this section, parity of treatment is
afforded—
(1) to former
spouses (and former domestic partners); and
(2) to the children of a marriage that has been
dissolved (and the children of a domestic partnership that has been
terminated).
.
(g)
Coverage of
restored employees and survivor or disability annuitants
Section
8908(b) is amended by striking “remarriage and is later restored” and inserting
having entered into a subsequent marriage (or domestic partnership) and
is later restored (or a surviving domestic partner whose survivor annuity under
this title was terminated because of having entered into a subsequent domestic
partnership or a marriage and is later restored).
(h)
Employees
health benefits fund
Section 8909(d) is amended by striking
former spouse, each place it appears and inserting former
spouse (or former domestic partner),.
(i)
Regulations
Section
8913(c) is amended—
(1) by inserting
(and former domestic partners) after and former
spouses; and
(2) by inserting
(or former domestic partner) after or former
spouse.
(j)
Contract
requirements; Federal court jurisdiction
(1)
Contracts for
health benefits plans
Section
8902 is amended—
(A) in subsection
(j), as amended by subsection (b) of this section—
(i) by
inserting (1) after (j); and
(ii) by
adding at the end the following:
(2) Each contract
under this chapter may require the carrier to obtain recovery of funds through
reimbursement or subrogation with respect to benefits provided to or for an
individual covered under this chapter.
;
and
(B) in subsection
(m)(1), by striking the sentence after (1) and inserting
The provisions of this chapter and, by operation of this chapter, the
terms of any contract established under this chapter shall supersede and
preempt any State or local law, or any regulation issued thereunder, insofar as
those provisions or terms relate to health insurance or any plan. This
paragraph does not apply with respect to State tax or statutory
reserves..
(2)
Jurisdiction of
courts
Chapter 89 is amended by striking section 8912 and
inserting the following:
8912.
Jurisdiction
of courts
The district courts
of the United States shall have exclusive jurisdiction of any civil action or
claim founded on this chapter, except for a civil action or claim against the
United States within the exclusive jurisdiction of the United States Court of
Federal Claims under section 1491 of title 28 or chapter 71 of title
41.
.
(k)
Effective
date
(1)
In
general
Except as provided in paragraph (2), the amendments made
by this section shall apply with respect to contract years beginning after the
end of the 6-month period beginning on the date of enactment of this
Act.
(2)
Federal court
jurisdiction over the Federal Employees Health benefits
Program
The amendments made by subsection (j) shall—
(A) take effect on
the date of enactment of this Act; and
(B) apply with
respect to any civil action or claim pending or filed on or after the date of
enactment of this Act that relates to any injury or illness occurring before,
on, or after the date of enactment of this Act.
403.
Enhanced
dental benefits
(a)
In
general
Chapter 89A is
amended—
(1) in section
8956(a)—
(A) by inserting
or domestic partner after a spouse; and
(B) by striking
either spouse, and inserting either spouse (or either
domestic partner, as the case may be),; and
(2) in section
8957, by striking surviving spouse, and inserting
surviving spouse (or surviving domestic partner),.
(b)
Effective
date
The amendments made by this section shall apply with respect
to contract years beginning after the end of the 6-month period beginning on
the date of the enactment of this Act.
404.
Enhanced
vision benefits
(a)
In
general
Chapter 89B is
amended—
(1) in section
8986(a)—
(A) by inserting
(or domestic partner) after a spouse; and
(B) by striking
either spouse, and inserting either spouse (or either
domestic partner, as the case may be),; and
(2) in section
8987, by striking surviving spouse, and inserting
surviving spouse (or surviving domestic partner),.
(b)
Effective
date
The amendments made by this section shall apply with respect
to contract years beginning after the end of the 6-month period beginning on
the date of the enactment of this Act.
405.
Long-term
care insurance
(a)
In
general
Chapter 90 is
amended—
(1) in section
9001(5), by redesignating subparagraph (D) as subparagraph (E) and by inserting
after subparagraph (C) the following:
(D)
(i) a domestic partner
(as that term is defined in section 2501) of an individual described in
paragraph (1), (2), (3), or (4);
(ii) a child (including an adopted
child, a stepchild, or, to the extent the Office of Personnel Management by
regulation provides, a foster child) of a domestic partner referred to in
clause (i), if such child is not less than 18 years of age; and
(iii) a parent of a domestic partner of
an individual referred to in paragraph (1) or
(3).
;
and
(2) in section
9002(e)(2)—
(A) in the
heading, by striking Spousal parity and inserting the
following: Parity for
spouse (or domestic partner); and
(B) by inserting
(or domestic partner) after spouse.
(b)
Effective
date
The amendments made by this section shall apply with respect
to calendar years beginning after the end of the 6-month period beginning on
the date of the enactment of this Act.
V
Travel,
transportation, and subsistence
501.
Reimbursement
for taxes incurred on money received for travel expenses
(a)
In
general
Section 5706c is
amended—
(1) in subsection
(a), by striking (if filing jointly), and inserting (if
filing jointly) (or by an employee and such employee’s domestic partner (as
that term is defined under section 2501), if joint filing is allowed and they
file jointly),; and
(2) in subsection
(b), by striking employee and spouse, as the case may be, and
inserting employee and spouse (or domestic partner), as the case may
be.
(b)
Effective
date
The amendments made by this section shall apply with respect
to taxable years beginning after the end of the 6-month period beginning on the
date of the enactment of this Act.
502.
Definition
Section 5721 is amended—
(1) in paragraph
(6), by striking and at the end;
(2) in paragraph
(7), by striking the period and inserting ; and; and
(3) by adding at
the end the following:
(8) domestic
partner has the meaning given under section
2501.
.
503.
Relocation
expenses of employees transferred or reemployed
(a)
In
general
Section
5724a(b)(1)(A) is amended by striking employee’s spouse and
inserting employee’s spouse (or domestic partner).
(b)
Effective
date
The amendment made by this section shall apply with respect
to expenses incurred after the end of the 6-month period beginning on the date
of the enactment of this Act.
504.
Taxes on
reimbursements for travel, transportation, and relocation expenses of employees
transferred
(a)
In
general
Section 5724b(a) is
amended—
(1) by striking “(if filing jointly),” and
inserting “(if filing jointly) (or by an employee and the employee's domestic
partner, if joint filing by them is allowed and if they file jointly),”;
and
(2) by striking
employee and spouse, as the case may be, and inserting
employee and spouse (or domestic partner), as the case may
be.
(b)
Effective
date
The amendments made by this section shall apply with respect
to taxable years beginning after the end of the 6-month period beginning on the
date of the enactment of this Act.
505.
Relocation
expenses of an employee who is performing an extended assignment
(a)
In
general
Section 5737(a)(4) is
amended by inserting (or domestic partner) after employee
and spouse.
(b)
Effective
date
The amendment made by
this section shall apply with respect to expenses incurred after the end of the
6-month period beginning on the date of the enactment of this Act.
506.
Transportation
of family members incident to repatriation of employees held
captive
Section 5760(c) is
amended by striking the period at the end and inserting , and includes
the domestic partner (as defined under section 2501) of an employee described
in subsection (b)..
507.
Regulations
to include domestic partners
(a)
In
general
Chapter 57 is amended by adding after section 5761 the
following:
5762.
Regulations
to include domestic partners
Regulations prescribed under, or to
administer provisions of, this chapter shall include a domestic partner (as
defined under section 2501) within the meaning of the terms immediate
family and
dependent.
.
(b)
Technical
and conforming amendment
The table of sections for chapter 57 is
amended by adding after the item relating to section 5761 the following:
5762. Regulations to include domestic
partners.
.
VI
Compensation
for work injuries
601.
Definitions
Section 8101 is amended—
(1) by striking
paragraph (6) and inserting the following:
(6) widow
means the wife living with or dependent for support on the decedent at the time
of the death of the decedent, or living apart for reasonable cause or because
of desertion by the
decedent;
;
(2) in paragraph (8),
by striking married brothers or married sisters; and inserting
any brother or sister who is married (or is in a domestic
partnership);;
(3) in paragraph
(9)—
(A) by inserting
(or children of the employee’s domestic partner not adopted by or
otherwise the children of the employee) after
stepchildren; and
(B) by striking
“married children” and inserting any child who is married (or in a
domestic partnership);
(4) by striking
paragraph (11) and inserting the following:
(11) widower
means the husband living with or dependent for support on the decedent at the
time of the death of the decedent, or living apart for reasonable cause or
because of desertion by the
decedent;
;
(5) in paragraph
(18), by striking and at the end;
(6) in paragraph
(19), by striking and at the end;
(7) in paragraph
(20), by striking the period and inserting a semicolon; and
(8) by adding at
the end the following:
(21) the term
covered state means a State, foreign country, or political
subdivision of a foreign country in which a marriage between 2 individuals of
the same sex is recognized under the law of that State, country, or political
subdivision; and
(22) domestic
partner means an individual who is in a domestic partnership with
another individual, as determined by the Secretary of Labor for purposes of
this subchapter under regulations issued by the Secretary, in consultation with
the Director of the Office of Personnel Management—
(A) who are of
the same sex;
(B) not less than
1 of whom is an employee or an individual otherwise eligible for coverage under
this subchapter (or any application or extension thereof) based on such
individual’s employment or other service;
(C)
(i) who are in a
committed domestic-partnership relationship with each other satisfying the
conditions in clauses (ii), (iii), and (iv) and intend to remain so
indefinitely;
(ii) who have a common residence and
intend to continue to do so (or would have a common residence, but are
prevented from doing so because of such reasons as an assignment abroad or
other employment-related factors, financial considerations, family
responsibilities or other such reasons);
(iii) who share responsibility for a
significant measure of each other’s welfare and financial obligations;
and
(iv) neither of whom is married to or
in a domestic partnership with anyone except each other;
(D) who are not
less than 18 years of age and mentally competent to consent to a
contract;
(E) who are not
related to each other by blood in a way that would prohibit legal marriage
between individuals otherwise eligible to marry in the jurisdiction (or, if
applicable, in any jurisdiction) in which the individuals have a common
residence; and
(F) on the date on
which the employee is injured or dies, or, for purposes of section 8110, the
date on which the augmented compensation is to be provided, neither of whom has
resided in a covered state for more than 6 months;
(23) the term
State means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, or any other territory or possession of the
United States; and
(24) surviving
partner means the domestic partner in a domestic partnership with the
decedent at the time of his or her
death.
.
602.
Death
gratuity for injuries incurred in connection with employee’s service with an
Armed Force
Section 8102a(d)
is amended—
(1) in paragraph
(1)(A), by striking surviving spouse. and inserting
surviving spouse (or surviving partner).;
(2) in paragraph
(2)(C), by inserting (or children of the employee’s domestic partner not
adopted by or otherwise the children of the employee) after
stepchildren; and
(3) by striking
paragraph (6) and inserting the following:
(6) If a person
covered by this section has a spouse (or a domestic partner), but designates a
person other than the spouse (or domestic partner) to receive all or a portion
of the amount payable under this section, the head of the agency, or other
entity, in which that person is employed shall provide notice of the
designation to the spouse (or the domestic
partner).
.
603.
Beneficiaries
of awards unpaid at death; order of precedence
Section 8109(a)(3)(D) is amended—
(1) in clause
(i), by striking the widow or widower. and inserting the
widow or widower (or the surviving partner).;
(2) in clause
(ii)—
(A) by inserting
(or a surviving partner) after a widow or
widower; and
(B) by inserting
(or the surviving partner) after the widow or
widower; and
(3) in clause
(iii), by striking no widow or widower, and inserting no
widow or widower (and no surviving partner),.
604.
Augmented
compensation for dependents
Section 8110(a) is amended—
(1) in paragraph
(3)—
(A) by striking
an unmarried child and inserting a child who is unmarried
(and not in a domestic partnership); and
(B) by striking
and at the end;
(2) in paragraph
(4), by striking the period and inserting ; and;
(3) by inserting
after paragraph (4) the following:
(5) a domestic
partner, if—
(A) he or she is
a member of the same household as the employee;
(B) he or she is
receiving regular contributions from the employee for his or her support;
or
(C) the employee
has been ordered by a court to contribute to his or her
support.
;
and
(4) in the last
sentence, by striking “he marries.” and inserting “he marries (or enters into a
domestic partnership).”.
605.
Limitations
on right to receive compensation
Section 8116(c) is amended by striking
spouse, and inserting spouse (or domestic
partner),.
606.
Compensation
in case of death
Section 8133
is amended—
(1) in subsection
(a)—
(A) in paragraphs
(1) and (2), by striking the widow or widower, and inserting
the widow or widower (or the surviving partner),;
(B) in paragraph
(2), by inserting (or the surviving partner) after for
the widow or widower;
(C) in paragraph
(3), by striking no widow or widower, and inserting no
widow or widower (and no surviving partner),; and
(D) in paragraphs
(4) and (5), by striking “widower,” and inserting “widower (or surviving
partner),” each place it appears; and
(2) in subsection
(b)—
(A) by amending
paragraph (1) to read as follows:
(1) a widow or widower dies or remarries (or
enters into a domestic partnership) (or a surviving partner dies or enters into
a subsequent domestic partnership or marries) before reaching age
55;
;
(B) in paragraphs
(2) and (3), by striking marries, each place that term appears
and inserting marries (or enters into a domestic partnership),;
and
(C) in the matter
following paragraph (3)—
(i) in the first
sentence, by striking marries. and inserting marries (or
enters into a domestic partnership).; and
(ii) in the
second sentence, by inserting (or domestic partner) (or a surviving
partner who has entitlements to benefits under this title derived from more
than 1 domestic partner or spouse) after husband or
wife.
607.
Lump-sum
payment
Section 8135 is
amended—
(1) in subsection
(a), by inserting (or surviving partner) after widow or
widower; and
(2) by striking
subsection (b) and inserting the following:
(b) A widow or widower on remarriage (or on
entry into a domestic partnership) before reaching age 55 (or a surviving
partner on entry into a subsequent domestic partnership or on marriage before
age 55) who is entitled to compensation under section 8133 of this title, shall
be paid a lump sum equal to 24 times the monthly compensation payment
(excluding compensation on account of another individual) to which that
individual was entitled immediately before the remarriage (or entry into a
domestic partnership) (or, in the case of a surviving partner, immediately
before entry into the subsequent domestic partnership or the
marriage).
.
608.
Employees
of nonappropriated fund instrumentalities
(a)
In
general
Section 8171 is
amended by adding at the end the following:
(e)
(1) For the purpose of
this section—
(A) the term covered state
means a State, foreign country, or political subdivision of a foreign country
in which a marriage between 2 individuals of the same sex is recognized under
the law of that State, country, or political subdivision;
(B) the term domestic partner
means an individual who is in a domestic partnership with another individual,
as determined by the Secretary of Labor for purposes of this subchapter under
regulations issued by the Secretary, in consultation with the Director of the
Office of Personnel Management—
(i) who are of the same sex;
(ii) not less than 1 of whom is an
employee or an individual otherwise eligible for coverage under this subchapter
(or any application or extension thereof) based on such individual’s employment
or other service;
(iii)
(I) who are in a
committed domestic-partnership relationship with each other satisfying the
conditions in subclauses (II), (III), and (IV) and intend to remain so
indefinitely;
(II) who have a common residence and
intend to continue to do so (or would have a common residence, but are
prevented from doing so because of such reasons as an assignment abroad or
other employment-related factors, financial considerations, family
responsibilities or other such reasons);
(III) who share responsibility for a
significant measure of each other’s welfare and financial obligations;
and
(IV) neither of whom is married to or
in a domestic partnership with anyone except each other;
(iv) who are not less than 18 years of
age and mentally competent to consent to a contract;
(v) who are not related to each other
by blood in a way that would prohibit legal marriage between individuals
otherwise eligible to marry in the jurisdiction (or, if applicable, in any
jurisdiction) in which the individuals have a common residence; and
(vi) on the date of the death or injury
of the employee or individual otherwise eligible for coverage under this
subchapter (or any application or extension thereof) or, for the purpose of
applying section 31(b)(2)(C) of the Longshore and Harbor Workers' Compensation
Act under this subchapter, the date of the representation, neither of whom has
resided in a covered state for more than 6 months;
(C) the term State means each
of the several States, the District of Columbia, the Commonwealth of Puerto
Rico, or any other territory or possession of the United States; and
(D) the term surviving
partner means the decedent’s domestic partner at the time of his or her
death.
(2) In the application of the Longshore
and Harbor Workers’ Compensation Act under this subchapter—
(A) section 2(14) of that Act shall apply
as though—
(i) (or child of the domestic
partner of an employee or volunteer referred to in section 8171(a) of title 5,
United States Code) were inserted after ‘stepchild’; and
(ii) (or children in domestic
partnerships) were inserted after married children and
(or brothers or sisters in domestic partnerships) were inserted
after married sisters;
(B) in section 8(d)(1) of that Act—
(i) subparagraphs (A), (C), and (D)
shall apply as though (or surviving partner) were inserted after
widow or widower each place it appears; and
(ii) subparagraph (D) shall apply as
though wife, husband, were struck and wife or husband (or
domestic partner) were inserted; and
(C) in section 9 of that Act—
(i) subsection (b) shall apply as
though the portion of the first sentence up to and including the sixth comma
reads as follows: If there be a widow or widower (or surviving partner)
and no child of the deceased, to such widow or widower (or surviving partner)
50 per centum of the average wages of the deceased, during widowhood, or
dependent widowerhood (or during the life of the surviving partner, as the case
may be), with 2 years’ compensation in 1 sum upon remarriage (or entry into a
domestic partnership) of such widow or widower (or entry into another domestic
partnership or marriage of such surviving partner); and if there be a surviving
child or children of the deceased, the additional amount of
162/3 per centum of such wages for each such child; in
case of the death or remarriage (or entry into a domestic partnership) of such
widow or widower (or entry into another domestic partnership or a marriage of
such surviving partner);
(ii) subsection (c) shall apply as
though the portion of the subsection up to and including the fourth comma reads
as follows: ‘If there be 1 surviving child of the deceased, but no widow or
widower (or surviving partner), then for the support of such child 50 per
centum of the wages of the deceased; and if there be more than 1 surviving
child of the deceased, but no widow or dependent husband (or surviving
partner),’;
(iii) subsection (d) shall apply as
though—
(I) the portion of the first sentence up
through the word children reads as follows: ‘If there be no
surviving wife or husband (or surviving domestic partner) or child, or if the
amount payable to a surviving wife or husband (or surviving domestic partner)
and to children’; and
(II) the second sentence reads as follows:
‘But in no case shall the aggregate amount payable under this subsection exceed
the difference between 662/3 per centum of such wages and
the amount payable as hereinbefore provided to widow or widower (or surviving
partner) and for the support of surviving child or children.’;
(iv) subsection (g) shall apply as
though the term (or surviving domestic partner) were inserted
after surviving wife each place it appears; and
(v) section 31(b)(2)(C) shall apply as
though the term (or domestic partner) were inserted after
spouse.
.
(b)
Exclusive
liability
Section 8173 is amended by striking
spouse, and inserting spouse (or domestic
partner),.
609.
Effective
date
(a)
In
general
Subject to succeeding
provisions of this section, this title and the amendments made by this
title—
(1) shall take
effect on the date of enactment of this Act; and
(2) shall apply
with respect to any injury or death occurring before, on, or after such date of
enactment.
(b)
Timely
claim required; limitation on payments
No compensation shall be
payable, by virtue of the enactment of this title—
(1) unless timely
claim therefor is filed in accordance with the provisions of section 8122 or
8193 of title 5, United States Code (as applicable), and subsection (c);
or
(2) with respect
to any period commencing before the date of enactment of this Act.
(c)
Allowability
of claims
In the case of an original claim for compensation for a
disability or death that occurred before the date of enactment of this Act (and
which would not otherwise be payable, but for the enactment of the amendments
made by this title)—
(1) such claim
shall not be allowed if, as of such date of enactment, a claim based on such
disability or death would no longer be timely (determined in accordance with
such section 8122 or 8193 (as applicable), before the application of paragraph
(2)); and
(2) the
timeliness of any such claim, if not precluded by paragraph (1), shall be
determined—
(A) by applying
the provisions of such section 8122 or 8193 (as applicable); and
(B) as if the
time limitations of such section 8122 or 8193 (as applicable) did not begin to
run until the date on which the provisions of section 2502(a) of title 5,
United States Code (as added by section 101 of this Act) become
effective.
(d)
Payments
for prior periods not affected
No recovery shall be made of
compensation paid to any individual whose entitlement to compensation is
terminated or reduced as a result of the enactment of this title.
VII
Employee
leave; death or captivity compensation; other employee benefits
701.
Voluntary
transfers of leave; Voluntary Leave Bank Program
(a)
Voluntary
transfers of leave
Section 6333 is amended by adding at the end
the following:
(d) Regulations
to carry out this section shall include provisions to ensure that, in the
administration of this section, a domestic partner (as that term is defined in
section 2501) shall be afforded the same status as a
spouse.
.
(b)
Voluntary
leave bank program
Section 6362 is amended—
(1) by inserting
(a) before Notwithstanding; and
(2) by adding at
the end the following:
(b) The
established program under this section shall include provisions to ensure that,
in the administration of this section, a domestic partner (as that term is
defined in section 2501) shall be afforded the same status as a
spouse.
.
702.
Family and
medical leave
(a)
In
general
(1)
Definition
Section 6381 is amended—
(A) in paragraph (6), in the matter before
subparagraph (A), by striking parentis, and inserting
parentis (or a biological, adopted, or foster child of the domestic
partner of the employee),;
(B) in paragraph
(11), by striking and at the end;
(C) in paragraph
(12), by striking the period at the end and inserting ; and;
and
(D) by adding
after paragraph (12) the following:
(13) the term
domestic partner has the meaning given under section
2501.
.
(2)
Leave
requirement
Section 6382 is
amended by striking spouse, each place that term appears and
inserting spouse (or domestic partner),.
(3)
Certification
Section 6383 is amended in subsections (a)
and (b)(4)(A) by striking spouse, each place it appears and
inserting spouse (or domestic partner),.
(b)
Congressional
Accountability
Section 202 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended by
adding at the end the following:
(f)
Coverage of
employees with domestic partners
(1)
Definition
of domestic partner
In this subsection, the term domestic
partner has the meaning given under section 2501 of title 5, United
States Code.
(2)
Application
to covered employees
In the application of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2601 et seq.) under subsection (a)(1) as to a
covered employee who has a domestic partner—
(A) sections 102
through 105 of that Act shall apply as though domestic partner
were inserted after spouse each place it appears in those
sections;
(B) section
101(12) of that Act shall apply as though a child of the domestic partner of a
covered employee, which child meets the conditions of subparagraphs (A) and (B)
of that section, were included in the term son or daughter as
defined in that section; and
(C) if the
covered employee and the domestic partner of the covered employee are employed
by the same employing office, the limit on the aggregate number of workweeks of
leave to which both may be entitled, as stated in section 102(f) of that Act,
shall apply.
(3)
Application
to employees of the Government Accountability Office
In the
application of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et
seq.) as to an employee of the Government Accountability Office who has a
domestic partner—
(A) sections 102
through 105 of that Act shall apply as though domestic partner
were inserted after spouse each place it appears in those
sections;
(B) section
101(12) of that Act shall apply as though a child of the domestic partner of
the employee, which child meets the conditions of subparagraphs (A) and (B) of
that section, were included in the term son or daughter as
defined in that section; and
(C) in any case
in which the employee and the domestic partner of the employee are both
employed by the Government Accountability Office, the limit on the aggregate
number of workweeks of leave to which both may be entitled, as stated in
section 102(f) of that Act, shall
apply.
.
(c)
Presidential
and Executive Office Accountability
Section 412 of title 3, United States Code,
is amended by adding at the end the following:
(e)
Coverage of
employees with domestic partners
(1)
Definition
of domestic partner
In this subsection, the term domestic
partner has the meaning given under section 2501 of title 5.
(2)
Application
to covered employees
In the application of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2601 et seq.) under subsection (a)(1) as to a
covered employee who has a domestic partner—
(A) sections 102
through 105 of that Act shall apply as though domestic partner
were inserted after spouse each place it appears in those
sections;
(B) section
101(12) of that Act shall apply as though a child of the domestic partner of a
covered employee, which child meets the conditions of subparagraphs (A) and (B)
of that section, were included in the term son or daughter as
defined in that section; and
(C) if the
covered employee and the domestic partner of the covered employee are employed
by the same employing office, the limit on the aggregate number of workweeks of
leave to which both may be entitled, as stated in section 102(f) of that Act,
shall
apply.
.
703.
Settlement
of accounts
Section 5582(b) is
amended by inserting (or surviving domestic partner (as defined under
section 2501)) after widow or widower.
704.
Payments
to missing employees
(a)
Definitions
Section
5561 is amended—
(1) in paragraph
(3)—
(A) in
subparagraph (A), by striking wife and inserting spouse
(or domestic partner); and
(B) by striking
subparagraph (B) and inserting—
(B) a child,
including a dependent adopted child (or a dependent child of a domestic partner
not adopted by or otherwise the child of the employee), who is—
(i) unmarried
(and not in a domestic partnership); and
(ii) under 21
years of
age;
;
(2) in paragraph
(5)(E), by striking and at the end;
(3) in paragraph
(6)(F), by striking the period at the end and inserting ; and;
and
(4) by adding at
the end the following:
(7) domestic
partner and domestic partnership have the meanings given
under section
2501.
.
(b)
Benefits
for captives
Section 5569 is amended by inserting (or
domestic partner) after spouse each place it
appears.
705.
Annuity of
the Comptroller General
(a)
Definitions
Section
771 of title 31, United States Code, is amended—
(1) in the matter
preceding paragraph (1), by striking subchapter— and inserting
subchapter:;
(2) in paragraph
(1)—
(A) by inserting
The term after (1); and
(B) by inserting
(or the child of a reporting Comptroller General’s domestic partner not
adopted by or otherwise the child of the Comptroller General) after
including a stepchild; and
(3) by striking
paragraphs (2) and (3) and inserting the following:
(2) The terms
domestic partner and domestic partnership have the
meanings given under section 2501 of title 5.
(3) The term
surviving spouse means a surviving spouse of an individual who was
a Comptroller General or retired Comptroller General and the spouse—
(A) was married
to the individual for not less than 1 year immediately before the individual
died;
(B) was married to
the individual immediately before the individual died, was in a domestic
partnership with the individual immediately before the marriage to such
individual, and the combined duration of the domestic partnership and marriage
was not less than 1 year; or
(C) has not
remarried (or entered into a domestic partnership) before age 55 and is the
parent of issue by the marriage.
(4) The term
surviving partner means a surviving domestic partner of an
individual who was a Comptroller General or retired Comptroller General and the
domestic partner—
(A) was in a
domestic partnership for not less than 1 year immediately before the individual
died;
(B)
(i) has not entered
into a subsequent domestic partnership or married before age 55; and
(ii) satisfies other requirements,
related to parenthood and the domestic partnership, prescribed by the Director
of the Office of Personnel Management by regulation under sections 8341(3)(b)
and 8441(3)(B) of title 5, as determined and applied by the General Counsel of
the Government Accountability Office on the basis of those regulations.
(5) Service as a
Comptroller General equals the number of years and complete months an
individual is Comptroller
General.
.
(b)
Election of
survivor benefits
Section 773 of title 31, United States Code, is
amended—
(1) in subsection
(b)(2)(B), by inserting (or domestic partner’s) after
surviving spouse's;
(2) in subsection
(c), by inserting (or surviving domestic partner) after
surviving spouse; and
(3) in subsection
(d), by inserting (or domestic partner) before the
period.
(c)
Survivor
annuities
Section 774 of title 31, United States Code, is
amended—
(1) in subsection
(c)—
(A) by striking
paragraph (1) and inserting the following:
(1) only by a
spouse (or domestic partner), the surviving spouse (or surviving domestic
partner) shall receive an annuity computed under subsection (d) of this section
beginning on the death of the Comptroller General or retired Comptroller
General or when the spouse (or domestic partner) is 50 years of age, whichever
is
later;
;
(B) in paragraph
(2), by striking by a spouse and a dependent child, the surviving
spouse and inserting by a spouse (or domestic partner) and a
dependent child, the surviving spouse (or surviving domestic partner);
and
(C) in paragraph
(3)(A), by inserting (or surviving domestic partner) after
surviving spouse;
(2) in subsection
(d), by inserting (or surviving domestic partner) after
surviving spouse; and
(3) in subsection
(e)—
(A) by inserting
(or surviving domestic partner's) after A surviving
spouse's;
(B) by inserting
(or surviving domestic partner's) after a surviving
spouse's; and
(C) by inserting
(or domestic partner) after unless the
spouse.
(d)
Refunds
Section
775 of title 31, United States Code, is amended—
(1) in subsection
(d)(2), by inserting (or surviving domestic partner) after
surviving spouse; and
(2) in subsection
(e), by inserting (or surviving domestic partner) after
surviving spouse.
(e)
Payment of
survivor benefits
Section 776(b) of title 31, United States Code,
is amended—
(1) in paragraph
(1), by striking A surviving spouse's annuity ends when the spouse
remarries and inserting A surviving spouse's (or surviving
domestic partner’s) annuity ends when the spouse remarries (or enters into a
domestic partnership) (or when the surviving domestic partner enters into
another domestic partnership or marries);
(2) in paragraph
(2), by striking marries, or dies, whichever is earliest. However, if a
child is not self-supporting because of a physical or mental disability, an
annuity ends when the child recovers, marries and inserting
marries (or enters into a domestic partnership), or dies, whichever is
earliest. However, if a child is not self-supporting because of a physical or
mental disability, an annuity ends when the child recovers, marries (or enters
into a domestic partnership); and
(3) in paragraph
(3), by inserting (or surviving domestic partner) after a
surviving spouse.
(f)
Annuity
increases
Section 777(b) of title 31, United States Code, is
amended by inserting (or surviving domestic partner's) after
A surviving spouse's.
VIII
Ethics in
Government, conflicts of interest, employment of relatives, gifts, and employee
conduct
801.
Ethics in
Government Act of 1978
(a)
Contents of
reports
Section 102 of the
Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—
(1) in subsection (a)—
(A) in paragraph
(2)(A), by inserting (or the domestic partner or a parent, child, or
sibling of the domestic partner) after relative;
(B) in paragraph
(3), by striking spouse, or by a parent, brother, sister, or child of
the reporting individual or of the reporting individual's spouse, and
inserting spouse (or domestic partner), or by a parent, brother, sister,
or child of the reporting individual or of the reporting individual's spouse
(or of the reporting individual’s domestic partner),;
(C) in paragraph
(4)—
(i) in the matter
preceding subparagraph (A), by striking spouse, or a parent, brother,
sister, or child of the reporting individual or of the reporting individual's
spouse and inserting spouse (or domestic partner), or a parent,
brother, sister, or child of the reporting individual or of the reporting
individual's spouse (or of the reporting individual’s domestic
partner),; and
(ii) in
subparagraph (A), by inserting (or domestic partner) after
spouse; and
(D) in paragraph
(5), by inserting (or domestic partner) after
spouse each place that term appears;
(2) in subsection
(e)—
(A) in paragraph
(1)—
(i) in the matter
preceding subparagraph (A) and subparagraphs (A), (B), (C), and (D) by
inserting (or domestic partner) after spouse each
place that term appears;
(ii) in
subparagraph (E), by inserting (or domestic partner's) after
spouse's;
(iii) in
subparagraph (F)—
(I) by inserting
(and domestic partners) after spouses; and
(II) by inserting
(or domestic partner) after spouse; and
(iv) in the
matter following subparagraph (F), by inserting (or domestic
partner) after spouse; and
(B) in paragraph
(2), by inserting (or the termination of the reporting individual's
domestic partnership) after his spouse; and
(3) in subsection
(f), by inserting (or domestic partner) after
spouse each place that term appears.
(b)
Definitions
relating to financial disclosure
(1)
In
general
Section 109 of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended—
(A) in paragraph
(2)—
(i) in the matter
preceding subparagraph (A), by inserting (or who is a son or daughter of
the reporting individual’s domestic partner) after
stepdaughter;
(ii) in
subparagraph (A), by striking unmarried and inserting not
married (and not in a domestic partnership); and
(iii) in
subparagraph (B), by inserting “(or, in the case of a son or daughter of the
reporting individual’s domestic partner, would be a dependent within the
meaning of such section if the requirements of subsections (c)(1)(A) and
(d)(1)(A) of such section were disregarded)” before the semicolon;
(B) by
redesignating paragraphs (4) through (19) as paragraphs (5) through (20),
respectively; and
(C) by inserting
after paragraph (3) the following:
(4) domestic
partner and domestic partnership have the meanings given
under section 2501 of title 5, United States
Code.
.
(2)
Technical
and conforming amendments
(A)
Ethics in
Government Act of 1978
The Ethics in Government Act of 1978 (5
U.S.C. App.) is amended—
(i) in section
101(f)—
(I) in paragraph
(9), by striking section 109(12) and inserting section
109(13);
(II) in paragraph (10), by striking
section 109(13) and inserting section
109(14);
(III) in paragraph (11), by striking
section 109(10) and inserting section 109(11);
and
(IV) in paragraph (12), by striking
section 109(8) and inserting section 109(9);
and
(ii) in section
105(b)(3)(A), by striking section 109(8) or 109(10) and
inserting section 109(9) or (11).
(B)
Other
provisions
(i)
Lobbying
Disclosure Act of 1995
Section 3(4)(D) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by striking section
109(13) and inserting section 109(14).
(ii)
Public
Health Service Act
Section 499(j)(2) of the Public Health Service
Act (42 U.S.C. 290b(j)(2)) is amended by striking section
109(16) and inserting section 109(17).
(c)
Outside
earned income limitation
Section 501(c) of the Ethics in
Government Act of 1978 (5 U.S.C. App.) is amended by striking spouse,
child, or dependent relative of such individual and inserting
spouse (or domestic partner), child, or dependent relative of such
individual (or child, sibling, or parent of such individual's domestic partner,
which child, sibling, or parent is a dependent of such
individual).
(d)
Definitions
relating to outside earned income and employment
Section 505 of
the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—
(1) in paragraph
(3), by inserting (or the individual's domestic partner, or a parent,
child, or sibling of the individual’s domestic partner) after
relative; and
(2) in paragraph (4), by inserting (or
the domestic partner, or a parent, child, or sibling of the domestic
partner) after relative.
802.
Conflicts
of interest
(a)
Compensation
to Members of Congress, officers, and others in matters affecting the
Government
Section 203(d) of
title 18, United States Code, is amended in the matter preceding paragraph (1)
by inserting (or domestic partner, as that term is defined in section
2501 of title 5) after spouse.
(b)
Activities of officers and employees in
claims against and other matters affecting the Government
Section 205(e) of title 18, United States
Code, is amended in the matter preceding paragraph (1) by inserting (or
domestic partner, as that term is defined in section 2501 of title 5)
after spouse.
(c)
Acts
affecting a personal financial interest
Section 208(a) of title
18, United States Code, is amended by inserting (or domestic partner, as
that term is defined in section 2501 of title 5) after
spouse.
803.
Employment
of relatives, restrictions
Section 3110 is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking
and at the end;
(B) in paragraph (3), by striking the period
and inserting ; and; and
(C) by adding at the end the following:
(4) domestic
partner has the meaning given under section
2501.
;
and
(2) in subsection
(b), by inserting The restrictions in this subsection shall apply also
to a public official with respect to any individual, and to any individual with
respect to a public official, if the individual is the public official’s
domestic partner; is a parent, child, or sibling of the public official’s
domestic partner; or is the domestic partner of a child, parent, or sibling of
the public official. at the end.
804.
Receipt
and disposition of foreign gifts and decorations
Section 7342(a)(1) is amended—
(1) in paragraph (1)(G), by inserting
(or domestic partner) after spouse each place it
appears;
(2) in paragraph
(5), by striking and at the end;
(3) in paragraph
(6), by striking the period at the end and inserting ; and;
and
(4) by adding at
the end the following:
(7) domestic
partner has the same meaning given under section
2501.
.
805.
Regulation
of conduct; gifts
(a)
In
general
Regulations under section 7301 of title 5, United States
Code, shall be modified by the President, and regulations under sections 7351
and 7353 of that title shall be modified by the Office of Government Ethics, so
as to provide that any benefits and obligations applicable to married employees
and their spouses shall also apply to employees in domestic partnerships and
their domestic partners.
(b)
Definition
In
this section, the term domestic partner has the meaning given
under section 2501 of title 5, United States Code.
806.
Acceptance of travel
assistance from non-Federal sources
Section 1353(a) of title 31, United States
Code, is amended by inserting (or domestic partner (as defined under
section 2501 of title 5)) after spouse.