Domestic Partnership Benefits and Obligations Act - Entitles domestic partners of federal employees to benefits available to spouses of federal employees. Specifies certifications required for benefit eligibility, filing requirements regarding partnership dissolution, and confidentiality requirements. Amends the Internal Revenue Code to extend the tax exemption for employer contributions to accident and health plans to domestic partners under this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3267 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3267
To provide benefits to domestic partners of Federal employees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2005
Mr. Frank of Massachusetts (for himself, Mr. Pastor, Mr. Filner, Ms.
Lee, Mr. Owens, Mr. Schiff, Mr. Dingell, Ms. Moore of Wisconsin, Mr.
McDermott, Mr. Grijalva, Mr. Capuano, Mr. Engel, Ms. Woolsey, Mr.
Emanuel, Mr. Waxman, Mr. Sabo, Mr. George Miller of California, Mr.
Olver, Ms. Schakowsky, Mr. Abercrombie, Mr. Berman, Mr. Case, Mr.
Sherman, Mr. Gutierrez, Ms. Carson, Mr. Stark, Mr. Allen, Mr. McGovern,
Mr. Meek of Florida, Mrs. Jones of Ohio, Ms. Matsui, Mrs. Maloney, Ms.
Baldwin, Ms. Slaughter, Mr. Langevin, Ms. Norton, Ms. Berkley, Mr.
Holt, Mr. Meehan, Mr. Weiner, Mr. Hinchey, Ms. Watson, Mr. Sanders, Mr.
Rangel, Mr. Price of North Carolina, Mrs. Lowey, Mr. Rothman, Mr.
Larson of Connecticut, Mr. Clay, Mr. Inslee, Mr. Farr, Mr. Markey, and
Ms. Harman) introduced the following bill; which was referred to the
Committee on Government Reform, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
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''.
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 benefits under--
(A) chapter 81 of title 5, United States Code
(relating to compensation for work injuries);
(B) subchapter III of chapter 83 of such title
(relating to the Civil Service Retirement System);
(C) chapter 84 of such title (relating to the
Federal Employees' Retirement System);
(D) chapter 87 of such title (relating to life
insurance); and
(E) chapter 89 of such title (relating to health
insurance).
(3) Employee.--The term ``employee'' has the meaning given
such term by--
(A) section 8101(1) of title 5, United States Code,
when used with respect to benefits described in
paragraph (2)(A);
(B) section 8331(1) of such title, when used with
respect to benefits described in paragraph (2)(B);
(C) section 8401(11) of such title, when used with
respect to benefits described in paragraph (2)(C);
(D) section 8701(a) of such title, when used with
respect to benefits described in paragraph (2)(D); and
(E) section 8901(1) of such title, when used with
respect to benefits described in paragraph (2)(E).
(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.
(a) In General.--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:
``(e) Treatment of Domestic Partners.--The provisions of section 2
of the Domestic Partnership Benefits and Obligations Act 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.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2005.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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