Domestic Partnership Benefits and Obligations Act of 2006 - Entitles federal employees and their domestic partners to benefits available to federal married employees and their spouses. Specifies certifications required for benefit eligibility, filing requirements regarding partnership dissolution, and confidentiality requirements.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3955 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3955
To provide benefits to domestic partners of Federal employees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27, 2006
Mr. Lieberman (for himself, Mr. Smith, Mr. Akaka, Ms. Cantwell, Mr.
Chafee, Mrs. Clinton, Mr. Dayton, Mr. Feingold, Mr. Jeffords, Mr.
Kennedy, Mr. Kerry, Mr. Lautenberg, Mr. Leahy, Mr. Levin, Mrs. Murray,
and Mr. Wyden) 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.
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 2006''.
SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.
(a) In General.--An employee who has a domestic partner and the
domestic partner of the employee shall be entitled to benefits
available to and obligations imposed upon a married employee and the
spouse of the employee.
(b) Certification of Eligibility.--In order to obtain benefits and
assume obligations under this Act, an employee shall file an affidavit
of eligibility for benefits and obligations with the Office of
Personnel Management identifying the domestic partner of the employee
and 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 may constitute a criminal violation; and
(7) 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.
(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 receive under this Act such benefits as would be received
by the spouse of an employee.
(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 of the same sex 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;
(E) compensation for work injuries, as provided in
chapter 81 of title 5, United States Code;
(F) family and medical leave, as provided in
subchapter V of chapter 63 of title 5, United States
Code;
(G) long-term care insurance, as provided in
chapter 90 of title 5, United States Code;
(H) enhanced dental benefits, as provided in
chapter 89A of title 5, United States Code; and
(I) enhanced vision benefits, as provided in
chapter 89B 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.
(F) With respect to family and medical leave, the
term ``employee'' shall have the meaning given such
term in section 6381(1) of title 5, United States Code.
(G) With respect to long-term care insurance, the
term ``employee'' shall have the meaning given such
term in section 9001(1) of title 5, United States Code.
(H) With respect to enhanced dental benefits, the
term ``employee'' shall have the meaning given such
term in section 8951(1) of title 5, United States Code.
(I) With respect to enhanced vision benefits, the
term ``employee'' shall have the meaning given such
term in section 8981(1) of title 5 United States Code.
(4) Obligations.--The term ``obligations'' means any duties
or responsibilities with respect to Federal employment that
would be incurred by a married employee or by the spouse of an
employee.
SEC. 3. EFFECTIVE DATE.
This Act including the amendments made by this Act shall apply to
any individual who is employed as an employee on or after the date of
enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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