[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2874 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2874
To provide benefits to domestic partners of Federal employees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2002
Mr. Dayton (for himself, Mr. Corzine, Mr. Inouye, and Mr. Wellstone)
introduced the following bill; which was read twice and referred to the
Committee on Governmental Affairs
_______________________________________________________________________
A BILL
To provide benefits to domestic partners of Federal employees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Partnership Benefits and
Obligations Act of 2002''.
SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.
(a) In General.--A domestic partner of an employee shall be
entitled to benefits available to and obligations imposed upon a spouse
of an employee.
(b) Certification of Eligibility.--In order to obtain benefits
under this Act, an employee shall file an affidavit of eligibility for
benefits with the Office of Personnel Management certifying that the
employee and the domestic partner of the employee--
(1) are each other's sole domestic partner and intend to
remain so indefinitely;
(2) have a common residence, and intend to continue the
arrangement;
(3) are at least 18 years of age and mentally competent to
consent to contract;
(4) share responsibility for a significant measure of each
other's common welfare and financial obligations;
(5) are not married to or domestic partners with anyone
else;
(6) understand that willful falsification of information
within the affidavit may lead to disciplinary action and the
recovery of the cost of benefits received related to such
falsification; and
(7)(A) are same sex domestic partners, and not related in a
way that, if the 2 were of opposite sex, would prohibit legal
marriage in the State in which they reside; or
(B) are opposite sex domestic partners, and are not related
in a way that would prohibit legal marriage in the State in
which they reside.
(c) Dissolution of Partnership.--
(1) In general.--An employee or domestic partner of an
employee who obtains benefits under this Act shall file a
statement of dissolution of the domestic partnership with the
Office of Personnel Management not later than 30 days after the
death of the employee or the domestic partner or the date of
dissolution of the domestic partnership.
(2) Death of employee.--In a case in which an employee
dies, the domestic partner of the employee at the time of death
shall be deemed a spouse of the employee for the purpose of
receiving benefits under this Act.
(3) Other dissolution of partnership.--
(A) In general.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
benefits received by the domestic partner as a result
of this Act shall terminate.
(B) Exception.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
health benefits received by the domestic partner as a
result of this Act shall continue for a period of 60
days after the date of the dissolution of the
partnership. The domestic partner shall pay for such
benefits in the same manner that a former spouse would
pay for such benefits under applicable provisions of
chapter 89 of title 5, United States Code.
(d) Confidentiality.--Any information submitted to the Office of
Personnel Management under subsection (b) shall be used solely for the
purpose of certifying an individual's eligibility for benefits under
subsection (a).
(e) Definitions.--For purposes of this Act:
(1) Domestic partner.--The term ``domestic partner'' means
an adult person living with, but not married to, another adult
person in a committed, intimate relationship.
(2) Benefits.--The term ``benefits'' means--
(A) civil service retirement, as provided in
chapter 83 of title 5, of the United States Code;
(B) Federal Employees' Retirement, as provided in
chapter 84 of title 5, United States Code;
(C) life insurance, as provided in chapter 87 of
title 5, United States Code;
(D) health insurance, as provided in chapter 89 of
title 5, United States Code; and
(E) compensation for work injuries, as provided in
chapter 81 of title 5, United States Code.
(3) Employee.--
(A) With respect to civil service retirement, the
term ``employee'' shall have the meaning given such
term in section 8331(1) of title 5, United States Code.
(B) With respect to Federal employees' retirement,
the term ``employee'' shall have the meaning given such
term in section 8401(11) of title 5, United States
Code.
(C) With respect to life insurance, the term
``employee'' shall have the meaning given such term in
section 8701(a) of title 5, United States Code.
(D) With respect to health insurance, the term
``employee'' shall have the meaning given such term in
section 8901 of title 5, United States Code.
(E) With respect to compensation for work injuries,
the term ``employee'' shall have the meaning given such
term in section 8101(1) of title 5, United States Code.
(4) Obligations.--The term ``obligations'' means any duties
or responsibilities that would be incurred by the spouse of an
employee.
SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED FRINGE BENEFITS TO
DOMESTIC PARTNERS.
Section 106 of the Internal Revenue Code of 1986 (relating to
contributions by employer to accident and health plans) is amended by
adding at the end the following new subsection:
``(d) Treatment of Domestic Partners.--
``(1) In general.--Section 2 of the Domestic Partnership
Benefits and Obligations Act of 2002 shall apply to employees
and domestic partners of employees for purposes of this section
and any other benefit which is not includible in the gross
income of employees by reason of an express provision of this
chapter.
``(2) Definitions.--For purposes of this subsection--
``(A) Domestic partner.--The term `domestic
partner' has the meaning given under section 2(e)(1) of
the Domestic Partnership Benefits and Obligations Act
of 2002.
``(B) Employee.--The term `employee' has the
meaning given under section 2(e)(3) of the Domestic
Partnership Benefits and Obligations Act of 2002.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Governmental Affairs.
Committee on Governmental Affairs referred to Subcommittee on International Security, Proliferation and Federal Services.
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