Domestic Partnership Benefits and Obligations Act of 2013 - Amends provisions of federal civil service law to extend employment-related and retirement benefits to domestic partners of federal employees and to set forth requirements for establishing and terminating a domestic partnership, including the filing of an affidavit attesting to the existence and legitimacy of the partnership.
Modifies provisions relating to the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to extend eligibility for annuity and survivor benefits to current and former domestic partners of federal employees on the same basis as married employees. Requires the Office of Personnel Management (OPM) to prescribe regulations to provide that domestic partners and former domestic partners shall be considered as spouses or former spouses for purposes of creditable service determinations under CSRS and FERS.
Makes domestic partners of federal employees eligible for: (1) the federal employee group life insurance (FEGLI) program, (2) federal employees health benefits (FEHB), (3) dental and vision benefit plans, and (4) long-term care insurance coverage.
Grants the head of an federal agency authority to reimburse an employee for taxes incurred by the domestic partner of such employee for travel, transportation, or relocation expense reimbursements.
Modifies provisions of the Federal Employees' Compensation Act (FECA) to make domestic partners of federal employees eligible for worker compensation benefits under such Act.
Adds "domestic partner" to the list of relatives subject to restrictions on federal employment of relatives and related prohibitions.
Includes a biological, adopted, or foster child of a domestic partner as a "son or daughter" for purposes of federal employee family and medical leave provisions. Allows a federal employee family and medical leave to care for a domestic partner.
Requires the President to prescribe regulations necessary to ensure that specified provisions relating to the following are administered in a manner consistent with the purposes of this Act: (1) the Family and Medical Leave Act of 1993; (2) travel, transportation, and related payments and benefits under the Foreign Service Act of 1980 and for civilian employees of the Department of Defense (DOD); (3) certain benefits for members of the commissioned officer corps of the National Oceanic and Atmospheric Administration (NOAA); and (4) benefits related to federal employees or annuitants and benefits necessary to carry out the purposes of this Act.
Amends the Ethics in Government Act of 1978 to make provisions of that Act applicable to domestic partners of federal employees to the same extent as married employees, including provisions relating to financial disclosure, government-wide limitations on outside earned income and employment, gifts to superiors and to federal employees, bribery, acceptance of travel expenses from nonfederal sources, taxes on self-dealing, and disqualification of a justice, judge, or magistrate judge.Requires reporting by: (1) the President on the implementation of this Act, and (2) the Government Accountability Office (GAO) on the effect of this Act on premiums or other periodic charges under FEHB and the impact of extending benefits to domestic partners on federal employee retention and recruitment efforts.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3135 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3135
To provide certain benefits to domestic partners of Federal employees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2013
Mr. Pocan (for himself, Ms. Ros-Lehtinen, Mr. Connolly, Mr. Hanna, Ms.
Bonamici, Mr. Brady of Pennsylvania, Mr. Braley of Iowa, Mrs. Capps,
Mr. Cartwright, Ms. Chu, Mr. Cicilline, Mr. Cohen, Mr. Cummings, Ms.
DelBene, Mr. Doyle, Ms. Edwards, Ms. Esty, Ms. Fudge, Mr. Grijalva, Mr.
Honda, Mr. Johnson of Georgia, Ms. Kaptur, Ms. Lee of California, Mr.
Lewis, Mr. Lynch, Mrs. Carolyn B. Maloney of New York, Ms. Matsui, Mr.
McGovern, Mr. Michaud, Ms. Moore, Mr. Moran, Mr. Murphy of Florida, Ms.
Pingree of Maine, Mr. Polis, Mr. Quigley, Mr. Rangel, Mr. Rush, Mr.
Sarbanes, Ms. Schakowsky, Mr. Schneider, Ms. Schwartz, Mr. Serrano, Ms.
Slaughter, Mr. Smith of Washington, Ms. Speier, Mr. Takano, Mr. Tonko,
Ms. Tsongas, Mr. Van Hollen, Mr. Vargas, Ms. Velazquez, Mr. Walz, Mr.
Waxman, and Mr. Welch) introduced the following bill; which was
referred to the Committee on Oversight and Government Reform, and in
addition to the Committees on Education and the Workforce, House
Administration, and the Judiciary, 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 certain 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; REFERENCES; 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; table of contents.
TITLE I--DOMESTIC PARTNERSHIPS
Sec. 101. Domestic partnerships.
TITLE II--CIVIL SERVICE RETIREMENT SYSTEM
Sec. 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 SYSTEM
Sec. 301. Definitions.
Sec. 302. Creditable service.
Sec. 303. Survivor reduction for a current spouse or a current domestic
partner.
Sec. 304. Survivor reduction for a former spouse or former domestic
partner.
Sec. 305. Survivor elections; deposit; offsets.
Sec. 306. Survivor reductions; computation.
Sec. 307. Insurable interest reductions.
Sec. 308. Alternative forms of annuities.
Sec. 309. Lump-sum benefits; designation of beneficiary; order of
precedence.
Sec. 310. Annuities: methods of payment; election; purchase.
Sec. 311. Protections for spouses, domestic partners, former spouses,
and former domestic partners.
Sec. 312. Justices and judges.
Sec. 313. Survivor annuities: definitions.
Sec. 314. Rights of a widow, widower, or surviving partner.
Sec. 315. Rights of a former spouse or former domestic partner.
Sec. 316. Authority of the Office of Personnel Management.
Sec. 317. Cost-of-living adjustments.
Sec. 318. Fiduciary responsibilities; liability and penalties.
TITLE IV--INSURANCE BENEFITS
Sec. 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 SUBSISTENCE
Sec. 501. Reimbursement for taxes incurred on money received for travel
expenses.
Sec. 502. Relocation expenses of employees transferred or reemployed.
Sec. 503. Taxes on reimbursements for travel, transportation, and
relocation expenses of employees
transferred.
Sec. 504. Relocation expenses of an employee who is performing an
extended assignment.
TITLE VI--COMPENSATION FOR WORK INJURIES
Sec. 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. Regulations.
Sec. 609. Effective date.
TITLE VII--PROVISIONS RELATING TO EMPLOYMENT OF RELATIVES AND OTHER
MATTERS
Sec. 701. Employment of relatives; restrictions.
Sec. 702. Settlement of accounts.
Sec. 703. Benefits for captives.
Sec. 704. Compensation for disability or death.
Sec. 705. Family and medical leave.
TITLE VIII--ADDITIONAL PROVISIONS
Sec. 801. Applicability.
Sec. 802. Regulations.
TITLE IX--AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978
Sec. 901. Amendment to the Ethics in Government Act of 1978.
TITLE X--REPORTING REQUIREMENTS
Sec. 1001. Report of the President.
Sec. 1002. GAO report.
TITLE I--DOMESTIC PARTNERSHIPS
SEC. 101. DOMESTIC PARTNERSHIPS.
(a) In General.--Chapter 21 is amended by adding at the end the
following:
``Sec. 2110. Domestic partnerships
``(a) Establishment.--To establish the existence of a domestic
partnership, between an employee, former employee, or annuitant and
another individual, for purposes of the provisions of law to which this
section applies, the employee, former employee, or annuitant (as the
case may be) shall be required to file an affidavit, in such form and
manner as the Office of Personnel Management shall by regulation
prescribe, attesting to the following:
``(1) Both individuals are members of the same sex.
``(2) Both individuals are at least 18 years of age and
competent to contract.
``(3) The filing employee, former employee, or annuitant
(as the case may be) has notified the other individual of the
filing of the affidavit attesting that their partnership
satisfies the requirements of this subsection.
``(4) Such individuals are in a domestic partnership with
one another and intend to remain so indefinitely.
``(5) Such individuals--
``(A) have a common residence; or
``(B) do not have a common residence because of
financial, employment-related, or other reasons, as
identified in the affidavit.
``(6) Neither individual is married to or in a domestic
partnership with anyone outside of the domestic partnership
referred to in paragraph (4).
``(7) The 2 individuals share responsibility for a
significant measure of each other's common welfare and
financial obligations.
``(8) The 2 individuals are not related in a way that, if
they were of the opposite sex, would prohibit legal marriage in
any jurisdiction in which the individuals have a common
residence.
``(9) Neither individual resides in a covered State.
``(10) The filing employee, former employee, or annuitant
(as the case may be) understands that willful falsification of
information set forth in the affidavit or failure to provide
appropriate notification of the termination of the domestic
partnership may lead to the recovery of amounts obtained as a
result of such falsification or failure (as the case may be),
criminal or other penalties, and (in appropriate cases)
disciplinary action.
An affidavit shall not be effective for purposes of establishing the
existence of a domestic partnership under this section unless the
filing individual is an employee, former employee, or annuitant as of
the time of filing. No two individuals shall, for purposes of the
provisions of law to which this section applies, be treated as being in
a domestic partnership with one another unless there is in effect, in
accordance with regulations prescribed by the Office, an affidavit
filed in accordance with the preceding provisions of this subsection.
``(b) Termination.--
``(1) In general.--A domestic partnership established under
subsection (a) terminates--
``(A) upon the death of either domestic partner;
``(B) if the condition set forth in subsection
(a)(9) has ceased to exist for a period of 6 months; or
``(C) upon the occurrence of such other terminating
event or condition as the Director may by regulation
prescribe.
``(2) Notification.--
``(A) In general.--If a domestic partnership
terminates, either or both of the domestic partners
shall, within 30 days after the date as of which such
partnership terminates, execute and file a
notification, in such form and in such manner the
Director shall by regulation prescribe, stating--
``(i) that the partnership has terminated;
``(ii) the date as of which the partnership
terminated; and
``(iii) the event or condition pursuant to
which termination occurred.
``(B) Regulations.--Regulations to carry out this
subsection shall include provisions--
``(i) for determining the date as of which
a domestic partnership terminates by reason of
each subparagraph of paragraph (1); and
``(ii) under which, one's place of
permanent residence (as defined in such
regulations) shall be used for purposes of
applying paragraph (1)(B).
``(c) Domestic Partner Defined.--For purposes of the provisions of
law to which this section applies, the term `domestic partner' means an
individual who is in a domestic partnership, as described in subsection
(a).
``(d) Other Definitions.--For purposes of this section--
``(1) the term `employee' means an employee as defined by
section 2105, an employee of a nonappropriated fund
instrumentality of the Department of Defense or the Coast Guard
(as described in section 2105(c)), an employee of the United
States Postal Service or of the Postal Regulatory Commission
(as described in section 2105(e)), a Member of Congress, a
member of the commissioned corps of the Public Health Service,
a member of the commissioned corps of the National Oceanic and
Atmospheric Administration, and any other individual who is
employed by the Government (as determined under regulations of
the President or a designee thereof), but does not include a
technician (within the meaning of section 8337(h)) or,
notwithstanding any provision of chapter 43 of title 38, a
member of the armed forces;
``(2) the term `annuitant' means--
``(A) an annuitant within the meaning of section
8331 or 8401; and
``(B) as determined under regulations prescribed by
the President or a designee thereof, any other
individual who is entitled to benefits (based on the
service of such individual) under a retirement system
for employees of the Government;
``(3) 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 such State, country, or political subdivision;
and
``(4) the term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, and
any other territory or possession of the United States.
``(e) Confidentiality.--No individual may--
``(1) use the information obtained under subsection (a) for
any purpose other than the administration of any provision of
law to which this section applies; or
``(2) furnish any information obtained under subsection (a)
to anyone, or permit anyone to examine or otherwise gain access
to any such information, except for--
``(A) an individual who needs such information for
a purpose that satisfies paragraph (1); or
``(B) a member of the domestic partnership to which
the information pertains or an authorized
representative thereof.
``(f) Applicability.--This section applies for purposes of the
provisions of this title (excluding chapter 81) and any provision of
law identified in or under title VIII of the Domestic Partnership
Benefits and Obligations Act of 2013.''.
(b) Clerical Amendment.--The table of sections for chapter 21 is
amended by adding at the end the following:
``2110. Domestic partnerships.''.
TITLE II--CIVIL SERVICE RETIREMENT SYSTEM
SEC. 201. DEFINITIONS.
(a) Former Spouse.--Subparagraph (B) of section 8331(23) is amended
to read as follows:
``(B) if the former spouse--
``(i) was married to such individual for at
least 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 at
least 9 months;''.
(b) Former Domestic Partner.--Section 8331 is amended--
(1) in paragraph (31), by striking ``and'' at the end;
(2) in paragraph (32), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(33) `former domestic partner' means a former domestic
partner of an individual--
``(A) if such individual performed at least 18
months of civilian service as an employee or Member;
and
``(B) if the former domestic partner--
``(i) was in a domestic partnership with
such individual for at least 9 months; or
``(ii) was married to such individual
immediately after being in a domestic
partnership with such individual, and the
combined duration of the marriage and domestic
partnership was at least 9 months.''.
SEC. 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, domestic partner,''.
SEC. 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 the former domestic partner
enters into a subsequent domestic partnership) 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 remarriage (or entry into a 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--
``(I) within 2 years after such remarriage (or such
subsequent domestic partnership), or
``(II) if later, within 2 years after--
``(aa) the death or remarriage of any former spouse
(or the death of or entry into a subsequent domestic
partnership by any 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, the death or
remarriage of the last such surviving former spouse (or
the death of or entry into a subsequent domestic
partnership by the last such 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 remarriage (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 or remarriage of any former spouse
(or the death of or entry into a subsequent domestic
partnership by any 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, the death (or
entry into a subsequent 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''.
SEC. 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''.
SEC. 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 at
least 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 at least 9
months; or
``(C) is the mother of issue by the marriage
referred to in subparagraph (A) or (B), as the case may
be;
``(2) `widower' means the surviving husband of an employee
or Member who--
``(A) was married to such employee or Member for at
least 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 at least 9
months; or
``(C) is the father of issue by the marriage
referred to in subparagraph (A) or (B), as the case may
be;'';
(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 at least 9 months immediately
before the death of such employee or Member; or
``(B) satisfies such other requirement, based on
parenthood, as the Office of Personnel Management shall
by regulation prescribe based on the definition of a
widow or widower under this section;''; and
(D) in paragraph (5) (as so redesignated by
subparagraph (B))--
(i) in subparagraph (A), by inserting ``(or
surviving domestic partner)'' after ``the
surviving spouse''; and
(ii) by adding at the end the following:
``The Office shall prescribe regulations to
provide that, for purposes of applying the
provisions of paragraph (5)(A)(ii) (relating to
the treatment of a stepchild) in the case of a
domestic partnership, rules similar to those
prescribed to carry out section 8901(5)(B) in
similar circumstances shall apply.'';
(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 enters into a subsequent domestic
partnership)'' 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 enters into
a subsequent domestic partnership)'' 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, 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 the surviving
domestic partner dies or enters into a subsequent domestic
partnership); 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
remarriage (or entry into a subsequent 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
remarriage (or subsequent 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
former domestic partner enters into a subsequent
domestic partnership) 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 dies (or the former domestic partner
enters into a subsequent domestic partnership 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)(1) The requirement--
``(A) in subsection (a)(1) or (a)(2) that the widow or
widower of an employee or Member have been--
``(i) married to such employee or Member for at
least 9 months, or
``(ii) married to such employee or Member after
having been in a domestic partnership with such
employee or Member for a combined total of at least 9
months,
immediately before the employee's or Member's death in order to
qualify as the widow or widower of such employee or Member, or
``(B) in subsection (a)(3) that the surviving partner of an
employee or Member have been in a domestic partnership with
such employee or Member immediately before the employee's or
Member's death in order to qualify as the surviving partner of
such employee or Member,
shall be deemed satisfied if the employee or Member dies within the
applicable 9-month period, and either of the conditions described in
paragraph (2) is met.
``(2) The alternative conditions described in this paragraph are
the following:
``(A) The death of the employee or Member was accidental.
``(B) The surviving widow or widower (or surviving domestic
partner) of such individual was previously in a marriage (or a
domestic partnership) with the individual that was subsequently
dissolved (or terminated), and the aggregate time married (or
in a domestic partnership) is at least 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 remarriage (or entry into a subsequent domestic partnership)
before age 55, shall not apply if the widow, widower or former spouse
was married to (or if the surviving partner or former domestic partner
was in a domestic partnership with) the individual on whose service the
survivor annuity is based for at least 30 years or a combined total of
at least 30 years.
``(2) A remarriage (or entry into a subsequent 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.''.
SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENEFICIARY; ORDER OF
PRECEDENCE.
Section 8342 is amended--
(1) in subsection (c), by inserting ``(or surviving
partner)'' after ``widow or widower''; and
(2) in subsection (j)--
(A) in paragraph (1)(A), by inserting ``(or the
domestic partner, if any, and any former domestic
partner)'' after ``the spouse, if any, and any former
spouse''; and
(B) by inserting ``(or domestic partner or former
domestic partner)'' after ``spouse or former spouse''
each place it appears.
SEC. 207. ALTERNATIVE FORMS OF ANNUITIES.
Section 8343a is amended--
(1) in subsection (b)(2), by inserting ``(or in a domestic
partnership)'' after ``married'';
(2) in subsection (b)(2)(B), by inserting ``(or surviving
domestic partner)'' after ``surviving spouse''; and
(3) in subsection (e), by inserting ``(or in a domestic
partnership)'' after ``married''.
SEC. 208. ADMINISTRATION; REGULATIONS.
Section 8347(n)(1)(D) is amended by striking ``their spouses, and
their former spouses'' and inserting ``their spouses, domestic
partners, former spouses, and former domestic partners''.
SEC. 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''.
TITLE III--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
SEC. 301. DEFINITIONS.
(a) Former Spouse.--Subparagraph (B) of section 8401(12) is amended
to read as follows:
``(B) if the former spouse--
``(i) was married to such individual for at
least 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 at
least 9 months;''.
(b) Former Domestic Partner.--Section 8401 is amended--
(1) in paragraph (36), by striking ``and'' at the end;
(2) in paragraph (37), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(38) `former domestic partner' means a former domestic
partner of an individual--
``(A) if such individual performed at least 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 at least 9 months; or
``(ii) was married to such individual
immediately after being in a domestic
partnership with such individual, and the
combined duration of the marriage and domestic
partnership was at least 9 months.''.
SEC. 302. 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.
SEC. 303. SURVIVOR REDUCTION FOR A CURRENT SPOUSE OR A CURRENT DOMESTIC
PARTNER.
(a) In General.--Section 8416 is amended--
(1) in the heading, by inserting ``or a current 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 amending subsection (b) to read as follows:
``(b)(1) Upon remarriage (or entry into a 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 remarriage (or entry into a
subsequent domestic partnership), or
``(B) if later, within 2 years after--
``(i) the death or remarriage of any former spouse
(or the death of or entry into a subsequent domestic
partnership by any 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, the death or
remarriage of the last such surviving former spouse (or
the death of or entry into a subsequent domestic
partnership by the last such 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 remarriage (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 or remarriage of any former spouse
(or the death of or entry into a subsequent domestic
partnership by any domestic partner) of such employee
or Member who was entitled to a survivor annuity under
section 8445, or
``(ii) if more than 1, the death or remarriage of
the last such surviving former spouse (or the death of
or the entry into a subsequent domestic partnership by
the last such surviving 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) Clerical Amendment.--The table of sections for chapter 84, is
amended by striking the item relating to section 8416 and inserting the
following:
``8416. Survivor reduction for a current spouse or a current domestic
partner.''.
SEC. 304. SURVIVOR REDUCTION FOR A FORMER SPOUSE OR FORMER DOMESTIC
PARTNER.
(a) In General.--Section 8417 is amended--
(1) in the heading, by inserting ``or a 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) Clerical 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 a former domestic
partner.''.
SEC. 305. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS.
Section 8418(b) is amended--
(1) by inserting ``(or domestic partnership)'' after
``marriage''; and
(2) by striking ``former spouse.'' and inserting ``former
spouse (or former domestic partner).''.
SEC. 306. 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 the former domestic partner
enters into a subsequent domestic partnership) 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.''.
SEC. 307. 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''.
SEC. 308. 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.'' and inserting ``surviving spouse (or
surviving domestic partner).'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``married,'' and
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''.
SEC. 309. 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), by striking ``widow or widower'' and
inserting ``widow or widower (or surviving partner)''.
SEC. 310. 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''.
SEC. 311. PROTECTIONS FOR SPOUSES, DOMESTIC PARTNERS, FORMER SPOUSES,
AND FORMER DOMESTIC PARTNERS.
(a) In General.--Section 8435 is amended--
(1) in the heading, by striking ``spouses and former
spouses'' and inserting ``spouses, domestic partners, former
spouses, and former domestic partners'';
(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)(A), by inserting ``(or
surviving domestic partner)'' after ``surviving
spouse''; and
(D) in paragraph (3)(B), by inserting ``(or former
domestic partners)'' after ``former spouses'';
(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) Clerical 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, domestic partners, former spouses, and
former domestic partners.''.
SEC. 312. JUSTICES AND JUDGES.
Section 8440a(b)(6) is amended by inserting ``(or domestic
partners)'' after ``spouses''.
SEC. 313. SURVIVOR ANNUITIES: 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 at
least 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 at least 9
months; or
``(C) is the mother of issue by the marriage
referred to in subparagraph (A) or (B), as the case may
be;
``(2) `widower' means the surviving husband of an employee
or Member who--
``(A) was married to such employee or Member for at
least 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 at least 9
months; or
``(C) is the father of issue by the marriage
referred to in subparagraph (A) or (B), as the case may
be;'';
(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 at least 9 months immediately before the
death of such employee, Member, or annuitant, or former
employee or Member; or
``(B) satisfies such other requirement, based on
parenthood, as the Office of Personnel Management shall
by regulation prescribe based on the definition of a
widow or widower under this section;'';
(3) in paragraph (5) (as so redesignated by paragraph (2))
in subparagraph (A), by inserting ``(or surviving partner)''
after ``widow or widower''; and
(4) by adding after ``interim.'' the following: ``The
Office shall prescribe regulations to provide that, for
purposes of applying the provisions of paragraph (5)(A)(ii)
(relating to the treatment of a stepchild) in the case of a
domestic partnership, rules similar to those prescribed to
carry out section 8901(5)(B) in similar circumstances shall
apply.''.
SEC. 314. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING PARTNER.
(a) In General.--Section 8442 is amended--
(1) in the heading, by striking ``widow or widower'' and
inserting ``widow, widower, or surviving partner'';
(2) in subsection (a)--
(A) by inserting ``(or surviving partner)'' after
``widow or widower'' each place it appears;
(B) in paragraph (1)(B), by inserting ``(or entry
into a domestic partnership)'' after ``marriage''; and
(C) in paragraph (2), 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 paragraph (1), (in the matter before
subparagraph (A)), 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 subsequent domestic partnership)'' after
``remarries'';
(C) in paragraph (2)--
(i) by striking ``remarriage before'' and
inserting ``remarriage (or entry into a
subsequent domestic partnership) before'';
(ii) by striking ``remarriage is dissolved
by death, divorce, or annulment,'' and
inserting ``remarriage is dissolved by death,
divorce, annulment (or subsequent domestic
partnership is terminated),''; and
(iii) in subparagraph (A), by striking
``remarriage;'' and inserting ``remarriage (or
entry into a subsequent domestic
partnership);''; and
(D) in paragraph (3)--
(i) by inserting ``or entry into a
subsequent domestic partnership'' after
``remarriage''; and
(ii) by inserting ``(or in a domestic
partnership for at least 30 years with)'' after
``married for at least 30 years to'';
(6) by striking subsection (e) and inserting the following:
``(e)(1) The requirement--
``(A) in paragraph (1) or (2) of section 8441 that the
widow or widower of an employee or Member have been--
``(i) married to such employee or Member for at
least 9 months, or
``(ii) married to such employee or Member after
having been in a domestic partnership with such
employee or Member for a combined total of at least 9
months,
immediately before the employee's or Member's death in order to
qualify as the widow or widower of such employee or Member, or
``(B) in section 8441(3) that the surviving partner of an
employee or Member have been in a domestic partnership with
such employee or Member for at least 9 months immediately
before the employee's or Member's death in order to qualify as
the surviving partner of such employee or Member,
shall be deemed satisfied if the employee or Member dies within the
applicable 9-month period, and either of the conditions described in
paragraph (2) is met.
``(2) The alternative conditions described in this paragraph are
the following:
``(A) The death of the employee or Member was accidental.
``(B) The surviving widow or widower (or surviving domestic
partner) of such individual was previously in a marriage (or
domestic partnership) with the individual that was subsequently
dissolved (or terminated), and the aggregate time married (or
in a domestic partnership) is at least 9 months or a combined
total of at least 9 months.'';
(7) in subsection (g), by striking ``widow or widower'' and
inserting ``widow, 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) Clerical 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, widower, or surviving partner.''.
SEC. 315. RIGHTS OF A FORMER SPOUSE OR FORMER DOMESTIC PARTNER.
(a) In General.--Section 8445 is amended--
(1) in the heading, by striking ``former spouse'' and
inserting ``former spouse or former domestic partner'';
(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) in paragraph (2), by inserting ``(or surviving
partner)'' after ``widow or widower'';
(4) in subsection (c)(2), by inserting ``(or the former
domestic partner enters into a subsequent domestic
partnership)'' after ``former spouse 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 remarriage (or entry
into a subsequent domestic partnership) before age 55, shall not apply
if the former spouse (or former domestic partner) was married to (or in
a domestic partnership with) the individual on whose service the
survivor annuity is based for at least 30 years or a combined total of
at least 30 years.
``(2) A remarriage (or entry into a subsequent 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) Clerical 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.''.
SEC. 316. 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, domestic partners, former
spouses, former domestic partners, and survivors''.
SEC. 317. 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''.
SEC. 318. 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);''.
TITLE IV--INSURANCE BENEFITS
SEC. 401. LIFE INSURANCE.
(a) In General.--Chapter 87 is amended--
(1) in section 8701(d)--
(A) in paragraph (1)(A), by inserting ``or domestic
partner'' after ``spouse''; and
(B) by adding at the end the following:
``(3) In the case of an individual whose domestic partner has a
child by a previous marriage, domestic partnership (as defined under
regulations of the Office of Personnel Management), or otherwise, such
child shall, unless adopted by such individual, be treated as a
stepchild of such individual.'';
(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.
SEC. 402. HEALTH INSURANCE.
(a) Definitions.--Section 8901 is amended--
(1) in paragraph (5) (in the matter before subparagraph
(A)), by inserting ``or domestic partner'' after ``the
spouse'';
(2) in paragraph (8)(B), by striking ``or former spouses,''
and inserting ``former spouses, or former domestic partners,'';
(3) by striking ``and'' at the end of paragraph (10), by
redesignating paragraph (11) as paragraph (12), and by
inserting after paragraph (10) the following:
``(11) `former domestic partner' means a domestic partner--
``(A) whose domestic partnership with an employee,
former employee, or annuitant has terminated,
``(B) who has not entered into another domestic
partnership before age 55 after the domestic
partnership to the employee, former employee, or
annuitant was terminated,
``(C) 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
``(D)(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, who has not entered into another domestic
partnership, of a former employee whose domestic partnership
was terminated after the former employee's separation from the
service (other than by retirement); and''; and
(4) by adding after paragraph (12) (as so redesignated by
paragraph (3)), as a flush left sentence, the following:
``For purposes of paragraph (5), in the case of an employee or
annuitant whose domestic partner has a child by a previous marriage,
domestic partnership (as defined under regulations of the Office of
Personnel Management), or otherwise, such child shall, unless adopted
by such individual, be treated as a stepchild of such individual.''.
(b) Contracting Authority.--Section 8902 is amended in subsections
(g), (j), and (k)(1), by inserting ``former domestic partner,'' after
``former spouse,'' each place it appears.
(c) Debarment and Other Sanctions.--Section 8902a(a)(1)(B) is
amended by striking ``or former spouse'' and inserting ``former spouse,
or former domestic partner''.
(d) Health Benefits Plans.--Section 8903(1) is amended--
(1) by inserting ``former domestic partners,'' after
``former spouses,''; and
(2) by inserting ``former domestic partner,'' after
``former spouse,''.
(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 domestic partner,''; and
(3) in subsections (f) and (g), by inserting ``former
domestic partner,'' after ``former spouse,'' each place it
appears.
(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--
(1) by inserting ``or surviving domestic partner'' after
``surviving spouse''; and
(2) by inserting ``or a subsequent domestic partnership''
after ``because of remarriage''.
(h) Regulations.--Section 8913(c) is amended--
(1) by striking ``and former spouses'' and inserting
``former spouses, and former domestic partners''; and
(2) by striking ``annuitant or former spouse'' and
inserting ``annuitant, former spouse, or former domestic
partner''.
(i) 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.
SEC. 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 inserting ``surviving domestic
partner,'' after ``surviving spouse,''.
(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.
SEC. 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 inserting ``surviving domestic
partner,'' after ``surviving spouse,''.
(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.
SEC. 405. LONG-TERM CARE INSURANCE.
(a) In General.--Chapter 90 is amended--
(1) in section 9001(5)--
(A) in subparagraph (A), by striking ``or (4).''
and inserting ``or (4) (and the domestic partner of an
individual described in paragraph (1), (2), or (4) or
of an individual who satisfies paragraph (3) by virtue
of having been appointed to a position in the
commissioned corps of the Public Health Service or the
commissioned corps of the National Oceanic and
Atmospheric Administration).''; and
(B) in subparagraph (C), by inserting ``or of the
domestic partner of such an individual,'' after
``(4),''; 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.
TITLE V--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
SEC. 501. REIMBURSEMENT FOR TAXES INCURRED ON MONEY RECEIVED FOR TRAVEL
EXPENSES.
(a) In General.--Section 5706c is amended--
(1) in subsection (a), by striking ``by an employee and
such employee's spouse (if filing jointly),'' and inserting
``by an employee and such employee's spouse (or, where
allowable, such employee's domestic partner), if filing
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.
SEC. 502. 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.
SEC. 503. TAXES ON REIMBURSEMENTS FOR TRAVEL, TRANSPORTATION, AND
RELOCATION EXPENSES OF EMPLOYEES TRANSFERRED.
(a) In General.--Section 5724b(a) is amended--
(1) by striking ``by an employee and such employee's spouse
(if filing jointly),'' and inserting ``by an employee and such
employee's spouse (or, where allowable, such employee's
domestic partner), if filing 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.
SEC. 504. 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.
TITLE VI--COMPENSATION FOR WORK INJURIES
SEC. 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 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 the following: ``brothers or
sisters who are married (or in a domestic partnership);'';
(3) in paragraph (9), by inserting ``children (including
adopted children) of a domestic partner,'' after ``adopted
children,'';
(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 death of the
decedent, or living apart for reasonable cause or because of
desertion by the decedent;'';
(5) in paragraph (19), by striking ``and'' at the end;
(6) in paragraph (20), by striking the period and inserting
a semicolon; and
(7) by adding after paragraph (20) the following:
``(21) `covered State' means a State (within the meaning of
section 2110(d)(4)), 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 such State,
country, or political subdivision;
``(22) `domestic partner' means an individual who is in a
domestic partnership with another individual of the same sex,
as determined by the Secretary of Labor for purposes of this
subchapter pursuant to regulations issued by the Secretary, in
consultation with the Director of the Office of Personnel
Management, consistent with the requirements that--
``(A) both individuals are at least 18 years of age
and competent to contract;
``(B) both individuals intend to remain in the
domestic partnership indefinitely;
``(C) such individuals--
``(i) have a common residence; or
``(ii) do not have a common residence
because of financial, employment-related, or
other reasons;
``(D) neither individual is married to or in a
domestic partnership with anyone outside of the
domestic partnership referred to in subparagraph (B);
``(E) the 2 individuals share responsibility for a
significant measure of each other's common welfare and
financial obligations;
``(F) the 2 individuals are not related in a way
that, if they were of the opposite sex, would prohibit
legal marriage in the jurisdiction in which either of
them resides;
``(G) at least 1 of them is an employee or an
individual otherwise eligible for coverage under this
subchapter based on such individual's employment or
other service;
``(H) 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 individual has resided in a covered State for
more than 6 months; and
``(I) both individuals understand that willful
falsification of information within the affidavit or
failure to provide appropriate notification of the
termination of the domestic partnership may lead to the
recovery of the amounts obtained as a result of such
falsification or failure (as the case may be), criminal
or other penalties, and (in appropriate circumstances)
disciplinary action; and
``(23) `surviving partner' means the domestic partner
living with or dependent for support on the decedent at the
time of his or her death, or living apart for reasonable cause
or because of his or her desertion.''.
SEC. 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).''; and
(2) in paragraph (2)(C), by inserting ``(including children
of a domestic partner)'' after ``stepchildren''.
SEC. 603. BENEFICIARIES OF AWARDS UNPAID AT DEATH; ORDER OF PRECEDENCE.
Section 8109(a)(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),''.
SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS.
Section 8110(a) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period and inserting
``; and''; 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.''.
SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSATION.
Section 8116(c) is amended by striking ``spouse,'' and inserting
``spouse (or domestic partner),''.
SEC. 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 inserting
``surviving partner,'' after ``widow, widower,'' 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 a surviving
partner dies or enters into a subsequent domestic partnership)
before reaching age 55;''; and
(B) in the last sentence--
(i) by inserting ``(or surviving partner)''
after ``widow or widower''; and
(ii) by inserting ``(or more than one
domestic partner)'' after ``husband or wife''.
SEC. 607. LUMP-SUM PAYMENT.
Section 8135(b) is amended to read as follows:
``(b) On remarriage (or entry into a subsequent domestic
partnership) before reaching age 55 a widow or widower (or surviving
partner) entitled to compensation under section 8133 of this title,
shall be paid a lump sum equal to twenty-four times the monthly
compensation payment (excluding compensation on account of another
individual) to which that individual was entitled immediately before
the remarriage (or subsequent domestic partnership).''.
SEC. 608. REGULATIONS.
(a) In General.--The Secretary of Labor may prescribe regulations
to carry out this title and the amendments made by this title.
(b) Consultation.--The Secretary of Labor shall consult with the
Director of the Office of Personnel Management and the heads of any
other agencies whose programs are affected by this Act in order to
standardize, to the extent possible, the process for establishing the
existence of a domestic partnership under each such program.
SEC. 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 sections 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 implementing regulations under section
608 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.
TITLE VII--PROVISIONS RELATING TO EMPLOYMENT OF RELATIVES AND OTHER
MATTERS
SEC. 701. EMPLOYMENT OF RELATIVES; RESTRICTIONS.
Section 3110(a)(3) is amended by inserting ``domestic partner,''
after ``husband, wife,''.
SEC. 702. SETTLEMENT OF ACCOUNTS.
(a) Definition.--Section 5581 is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking ``by Federal statute.''
at the end and inserting ``by Federal statute; and''; and
(3) by adding at the end the following:
``(3) `surviving partner' has the meaning given it by
sections 8341 and 8441, respectively.''.
(b) Order of Precedence.--Section 5582(b) is amended by inserting
``(or surviving partner)'' after ``widow or widower''.
SEC. 703. BENEFITS FOR CAPTIVES.
Section 5569(j) is amended by adding at the end the following:
``Such regulations shall include provisions to ensure that, in the
administration of this section, a domestic partner shall be afforded
the same status as a spouse.''.
SEC. 704. COMPENSATION FOR DISABILITY OR DEATH.
Section 5570 is amended by adding at the end the following:
``(h) Regulations to carry out this section shall include
provisions to ensure that, in the administration of this section, a
domestic partner shall be afforded the same status as a spouse.''.
SEC. 705. FAMILY AND MEDICAL LEAVE.
(a) Definition.--Section 6381(6) is amended (in the matter before
subparagraph (A)), by inserting ``or a biological, adopted, or foster
child of the domestic partner of the employee,'' before ``who is''.
(b) Leave Requirement.--Section 6382 is amended in subsections
(a)(1)(C) and (e)(2)(A) by striking ``spouse,'' and inserting ``spouse
(or domestic partner),''.
(c) 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),''.
TITLE VIII--ADDITIONAL PROVISIONS
SEC. 801. APPLICABILITY.
This title applies with respect to--
(1) benefits in the nature of family, medical, and
emergency leave, as provided for under--
(A) the Family and Medical Leave Act of 1993 (29
U.S.C. 2601 et seq.), insofar as that Act applies to
the Government Accountability Office and the Library of
Congress;
(B) section 202 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1312); or
(C) section 412 of title 3, United States Code;
(2) travel, transportation, and related payments and
benefits, as provided for under--
(A) chapter 9 of title I of the Foreign Service Act
of 1980 (22 U.S.C. 4081 et seq.); or
(B) section 1599b of title 10, United States Code;
(3) benefits for members of the commissioned officer corps
of the National Oceanic and Atmospheric Administration, as
provided for under--
(A) section 261 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 (33 U.S.C. 3071); or
(B) any other provisions of title 10, United States
Code (apart from those made applicable by the provision
of law cited in subparagraph (A)); and
(4) benefits, provided for under any other provisions of
law, which (as determined by the President or a designee)--
(A) relate to employees or annuitants (as those
terms are defined by section 2110 of title 5, United
States Code); and
(B) are necessary to carry out the purposes of this
Act with respect to benefits.
SEC. 802. REGULATIONS.
The President (or designee) shall prescribe any regulations
necessary to ensure that the provisions of law identified in or under
section 801 are administered in a manner consistent with the purposes
of this Act.
TITLE IX--AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978
SEC. 901. AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978.
The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by
adding at the end of title I the following:
``domestic partners
``Sec. 112. (a) An employee, former employee, or annuitant and the
domestic partner of such employee, former employee, or annuitant (as
the case may be) shall be subject to the provisions of law cited in
subsection (b) to the same extent and in the same manner as in the case
of a married employee, former employee, or annuitant and the spouse of
such employee, former employee, or annuitant (as the case may be).
``(b) The provisions of law cited in this subsection are as
follows:
``(1) The preceding provisions of this title (relating to
financial disclosure requirements of Federal personnel) and the
provisions of title V (relating to Government-wide limitations
on outside earned income and employment).
``(2) Regulations prescribed under section 7301 of title 5,
United States Code (relating to regulations for the conduct of
employees in the executive branch).
``(3) Section 7351 of title 5, United States Code (relating
to gifts to superiors).
``(4) Section 7353 of title 5, United States Code (relating
to gifts to Federal employees).
``(5) Chapter 11 of title 18, United States Code (relating
to bribery, graft, and conflicts of interest).
``(6) Section 7342 of title 5, United States Code (relating
to receipt and disposition of foreign gifts and decorations).
``(7) Section 1353 of title 31, United States Code
(relating to acceptance of travel and related expenses from
non-Federal sources).
``(8) Sections 4941 and 4946 of the Internal Revenue Code
of 1986 (relating to taxes on self-dealing and definitions and
special rules).
``(9) Section 455 of title 28, United States Code (relating
to disqualification of justice, judge, or magistrate judge).
``(c) For purposes of this section, the term `domestic partner' has
the meaning given such term by section 2110 of title 5, United States
Code.''.
TITLE X--REPORTING REQUIREMENTS
SEC. 1001. REPORT OF THE PRESIDENT.
Not later than 6 months after the date of the enactment of this
Act, the President shall transmit to the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate--
(1) a report on the implementation of this Act, including
the amendments made by this Act; and
(2) a description of any further measures that should be
taken in order to carry out the purposes of this Act, including
recommendations for any legislation or administrative action
that may be necessary.
SEC. 1002. GAO REPORT.
Not later than 2 years after the date of the enactment of this Act,
the Government Accountability Office shall transmit to the Committee on
Oversight and Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report on the effect that this Act and any amendments made by this Act
have had on premiums or any other periodic charges payable by enrollees
under chapter 89 of title 5, United States Code (relating to the
Federal employees health benefits program), and the impact of extending
benefits to domestic partners on the employee retention and recruitment
efforts by the Federal Government.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Education and the Workforce, House Administration, and the Judiciary, 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 Oversight and Government Reform, and in addition to the Committees on Education and the Workforce, House Administration, and the Judiciary, 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 Oversight and Government Reform, and in addition to the Committees on Education and the Workforce, House Administration, and the Judiciary, 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 Oversight and Government Reform, and in addition to the Committees on Education and the Workforce, House Administration, and the Judiciary, 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 Subcommittee on the Constitution and Civil Justice.
Referred to the Subcommittee on Workforce Protections.
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