Text of US SB 1529 (2013)

II 113TH CONGRESS 1ST SESSION S. 1529 To provide benefits to domestic partners of Federal employees. IN THE SENATE OF THE UNITED STATES SEPTEMBER 19, 2013 Ms. BALDWIN (for herself and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Homeland Secu- rity and Governmental Affairs A BILL To provide benefits to domestic partners of Federal employees. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; REFERENCES; AND TABLE OF 3 CONTENTS. 4 (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘Domestic Partnership Benefits and Obligations Act of 6 2013’’. 7 (b) REFERENCES.—Except as otherwise expressly 8 provided, whenever in this Act an amendment or repeal 9 is expressed in terms of an amendment to, or a repeal 10 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 2 •S 1529 IS of, a section or other provision, the reference shall be con- 1 sidered to be made to a section or other provision of title 2 5, United States Code. 3 (c) TABLE OF CONTENTS.—The table of contents of 4 this Act is as follows: 5 Sec. 1. Short title; references; and table of contents. Sec. 2. Purpose. TITLE I—ESTABLISHMENT AND TERMINATION OF DOMESTIC PARTNERSHIPS; OTHER GENERAL PROVISIONS Sec. 101. Federal employees in domestic partnerships. Sec. 102. Guidance and educational materials. Sec. 103. Review of programs under which employment benefits and obligations are established. Sec. 104. Effective date. TITLE II—CIVIL SERVICE RETIREMENT 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 Subtitle A—General Provisions Sec. 301. Definitions. Subtitle B—Creditable Service Sec. 311. Creditable service. Sec. 312. Survivor reduction for a current spouse or a current domestic part- ner. Sec. 313. Survivor reduction for a former spouse or former domestic partner. Sec. 314. Survivor elections; deposit; offsets. Sec. 315. Survivor reductions; computation. Sec. 316. Insurable interest reductions. Sec. 317. Alternative forms of annuities. Sec. 318. Lump-sum benefits; designation of beneficiary; order of precedence. Subtitle C—Thrift Savings Plan Sec. 321. Benefits and election of benefits. Sec. 322. Annuities: methods of payment; election; purchase. VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 3 •S 1529 IS Sec. 323. Protections for spouses, domestic partners, former spouses, and former domestic partners. Sec. 324. Justices and judges. Subtitle D—Survivor Annuities Sec. 331. Definitions. Sec. 332. Rights of a widow, widower, or surviving partner. Sec. 333. Rights of a child. Sec. 334. Rights of a former spouse or former domestic partner. Subtitle E—General Administrative Provisions Sec. 341. Authority of the Office of Personnel Management. Sec. 342. Cost-of-living adjustments. Subtitle F—Federal Retirement Thrift Investment Management System Sec. 351. 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 ex- penses. Sec. 502. Definition. Sec. 503. Relocation expenses of employees transferred or reemployed. Sec. 504. Taxes on reimbursements for travel, transportation, and relocation expenses of employees transferred. Sec. 505. Relocation expenses of an employee who is performing an extended assignment. Sec. 506. Transportation of family members incident to repatriation of employ- ees held captive. Sec. 507. Regulations to include domestic partners. 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. Employees of nonappropriated fund instrumentalities. Sec. 609. Effective date. TITLE VII—EMPLOYEE LEAVE; DEATH OR CAPTIVITY COMPENSATION; OTHER EMPLOYEE BENEFITS VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 4 •S 1529 IS Sec. 701. Voluntary transfers of leave; Voluntary Leave Bank Program. Sec. 702. Family and medical leave. Sec. 703. Settlement of accounts. Sec. 704. Payments to missing employees. Sec. 705. Annuity of the Comptroller General. TITLE VIII—ETHICS IN GOVERNMENT, CONFLICTS OF INTEREST, EMPLOYMENT OF RELATIVES, GIFTS, AND EMPLOYEE CONDUCT Sec. 801. Ethics in Government Act of 1978. Sec. 802. Conflicts of interest. Sec. 803. Employment of relatives, restrictions. Sec. 804. Receipt and disposition of foreign gifts and decorations. Sec. 805. Regulation of conduct; gifts. Sec. 806. Acceptance of travel assistance from non-Federal sources. SEC. 2. PURPOSE. 1 The purpose of this Act is to apply employment bene- 2 fits and obligations to Federal employees in same-sex do- 3 mestic partnerships and to their domestic partners that 4 are the same as the employment benefits and obligations 5 that apply under existing statutes to married Federal em- 6 ployees and to their spouses. 7 TITLE I—ESTABLISHMENT AND 8 TERMINATION OF DOMESTIC 9 PARTNERSHIPS; OTHER GEN- 10 ERAL PROVISIONS 11 SEC. 101. FEDERAL EMPLOYEES IN DOMESTIC PARTNER- 12 SHIPS. 13 (a) IN GENERAL.—Subpart A of part III is amended 14 by inserting after section 2305 the following: 15 ‘‘CHAPTER 25—FEDERAL EMPLOYEES IN 16 DOMESTIC PARTNERSHIPS 17 ‘‘Sec. VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 5 •S 1529 IS ‘‘2501. Definitions. ‘‘2502. Establishment and termination of domestic partnerships. ‘‘§ 2501. Definitions 1 ‘‘In this chapter— 2 ‘‘(1) the term ‘annuitant’ means— 3 ‘‘(A) an annuitant as defined under section 4 8331, 8401, or 8901(3)(A); and 5 ‘‘(B) as determined under regulations pre- 6 scribed by the President or a designee of the 7 President, any other individual who is entitled 8 to benefits (based on the service of such indi- 9 vidual) under a retirement system for employees 10 of the Government; 11 ‘‘(2) the term ‘covered state’ means a State, 12 foreign country, or political subdivision of a foreign 13 country in which a marriage between 2 individuals 14 of the same sex is recognized under the law of that 15 State, country, or political subdivision; 16 ‘‘(3) the term ‘Director’ means the Director of 17 the Office of Personnel Management; 18 ‘‘(4) the term ‘domestic partner’ means either 19 of the individuals in a domestic partnership; 20 ‘‘(5) the term ‘domestic partnership’ means a 21 relationship between 2 individuals of the same sex, 22 at least 1 of whom is an employee, former employee, 23 or annuitant, that has been established under sec- 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 6 •S 1529 IS tion 2502(a) and not terminated under section 1 2502(b); 2 ‘‘(6) the term ‘employee’ means— 3 ‘‘(A) an employee as defined under section 4 2105, including an employee referred to in sub- 5 section (c) or (e) of that section; 6 ‘‘(B) a Member of Congress; 7 ‘‘(C) the President; 8 ‘‘(D) an individual who is an employee, as 9 defined under section 8331, 8401, 8701, 8901, 10 or 9001; or 11 ‘‘(E) any other individual who is employed 12 by the Government and is included within this 13 definition under regulations prescribed by the 14 President or a designee of the President; and 15 ‘‘(7) the term ‘State’ means each of the several 16 States, the District of Columbia, the Commonwealth 17 of Puerto Rico, or any other territory or possession 18 of the United States. 19 ‘‘§ 2502. Establishment and termination of domestic 20 partnerships 21 ‘‘(a) ESTABLISHMENT OF DOMESTIC PARTNER- 22 SHIP.— 23 ‘‘(1) An employee, former employee, or annu- 24 itant and another individual (who may also be an 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 7 •S 1529 IS employee, former employee, or annuitant) may es- 1 tablish a domestic partnership as provided in this 2 section for the purposes of the provisions of law to 3 which this chapter applies. 4 ‘‘(2) To establish a domestic partnership, the 2 5 individuals referred to in paragraph (1) shall jointly 6 execute, and the employee, former employee, or an- 7 nuitant shall file, an affidavit in such form and filed 8 in such manner as the Director shall by regulation 9 prescribe. 10 ‘‘(3) By the affidavit referred to in paragraph 11 (2), each of the individuals shall attest to the fol- 12 lowing: 13 ‘‘(A)(i) The individuals are of the same 14 sex; and 15 ‘‘(ii) the individual who files the affidavit is 16 an employee, former employee, or annuitant. 17 ‘‘(B)(i) The individuals are in a committed 18 domestic-partnership relationship with each 19 other satisfying the conditions in clauses (ii), 20 (iii), and (iv) and intend to remain so indefi- 21 nitely. 22 ‘‘(ii) The individuals have a common resi- 23 dence and intend to continue to do so (or would 24 have a common residence, but are prevented 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 8 •S 1529 IS from doing so because of an assignment abroad 1 or other employment-related factors, financial 2 considerations, family responsibilities, or other 3 similar reason (which shall be specifically iden- 4 tified in the affidavit)). 5 ‘‘(iii) The individuals share responsibility 6 for a significant measure of each other’s welfare 7 and financial obligations. 8 ‘‘(iv) Neither individual is married to or in 9 a domestic partnership with anyone except each 10 other. 11 ‘‘(C) Each individual is at least 18 years 12 of age and mentally competent to consent to a 13 contract. 14 ‘‘(D) The individuals are not related to 15 each other by blood in a way that would pro- 16 hibit legal marriage between individuals other- 17 wise eligible to marry in the jurisdiction (or, if 18 applicable, in any jurisdiction) in which the in- 19 dividuals have a common residence. 20 ‘‘(E) Neither individual reside in a covered 21 state. 22 ‘‘(F) Each of the individuals understands 23 that— 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 9 •S 1529 IS ‘‘(i) as a domestic partner, each indi- 1 vidual not only gains certain benefits, but 2 also assumes certain obligations, as set 3 forth in the provision of law to which this 4 chapter applies, the violation of which may 5 lead to disciplinary action against an em- 6 ployee and to criminal and other penalties; 7 ‘‘(ii) either or both of the domestic 8 partners are required to file notification 9 under subsection (b)(2) terminating the 10 domestic partnership within 30 days after 11 any condition under clause (ii), (iii), or (iv) 12 of subparagraph (B) ceases to be satisfied, 13 or the condition under subparagraph (E) 14 ceases to be satisfied for not less than 6 15 months, and, if 1 domestic partner dies, 16 the other is required to file a notification 17 under subsection (b)(3) within 30 days 18 after the death; and 19 ‘‘(iii) willful falsification of informa- 20 tion in the affidavit, or willful failure to 21 file notification as required under sub- 22 section (b)(2) or (3), may lead to recovery 23 of amounts obtained as a result of such 24 falsification or failure, disciplinary action 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 10 •S 1529 IS against an employee, and criminal or other 1 penalties. 2 ‘‘(b) TERMINATION OF DOMESTIC PARTNERSHIP.— 3 ‘‘(1) A domestic partnership is terminated 4 upon— 5 ‘‘(A) the death of either domestic partner; 6 ‘‘(B) the filing of a notification under 7 paragraph (2) by either or both domestic part- 8 ners; or 9 ‘‘(C) the satisfaction of such other condi- 10 tions as the Director may by regulation pre- 11 scribe. 12 ‘‘(2)(A) If any condition referred to under 13 clause (ii), (iii), or (iv) of subsection (a)(3)(B) 14 ceases to be satisfied, or if the condition referred to 15 under subsection (a)(3)(E) has ceased to exist for 16 not less than 6 months, either or both of the domes- 17 tic partners shall, within 30 days after the condition 18 ceases to be satisfied, execute and file a notification, 19 in such form and in such manner as prescribed by 20 the Director in regulation, stating that the condition 21 is no longer satisfied and that the domestic partner- 22 ship is terminated. 23 ‘‘(B) Each domestic partner has a duty that the 24 notification under subparagraph (A) be timely filed, 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 11 •S 1529 IS but the duty of 1 domestic partner shall be satisfied 1 if the other domestic partner timely executes and 2 files the required notification. 3 ‘‘(C) The Director shall promulgate regulations 4 establishing the criteria for determining when any 5 condition referred to under clause (ii), (iii), or (iv) 6 of subsection (a)(2)(B) ceases to be satisfied. 7 ‘‘(3) When one domestic partner dies, the other 8 domestic partner shall, within 30 days after the 9 death, execute and file a notification of the death, in 10 such form and in such manner as prescribed by the 11 Director in regulation. 12 ‘‘(c) EFFECTIVENESS OF THE FILING OF AN AFFI- 13 DAVIT.— 14 ‘‘(1) The filing of an affidavit under subsection 15 (a)(2) shall not be effective for purposes of this sec- 16 tion unless the filing individual is an employee, 17 former employee, or annuitant as of the time of the 18 filing. 19 ‘‘(2) No individual shall, for purposes of the 20 provisions of law to which this chapter applies, be 21 treated as being in a domestic partnership— 22 ‘‘(A) unless an affidavit has been filed in 23 accordance with this section and with regula- 24 tions prescribed by the Director; or 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 12 •S 1529 IS ‘‘(B) after the earlier of— 1 ‘‘(i) the date of the death of either in- 2 dividual; or 3 ‘‘(ii) the date as of which the domestic 4 partnership is otherwise terminated, as de- 5 termined under regulations prescribed by 6 the Director. 7 ‘‘(d) ADDITIONAL NOTIFICATIONS TO GOVERNMENT 8 EMPLOYER.—A domestic partner employed by an entity 9 of the United States shall provide such notifications to the 10 employing entity of the formation, existence, or termi- 11 nation of the domestic partnership, in addition to the fil- 12 ings required under subsections (a) and (b), as may be 13 required, and in such form and in such manner as pre- 14 scribed, by the Director in regulation. 15 ‘‘(e) APPLICABILITY.— 16 ‘‘(1) This section applies for purposes of the 17 provisions of this title (excluding chapter 81). 18 ‘‘(2) Two individuals determined under section 19 8101(21) or 8171(e)(1)(A) to be domestic partners 20 for purposes of chapter 81 shall be deemed to be do- 21 mestic partners in a domestic partnership, as de- 22 fined under section 2501, for purposes of any provi- 23 sion of law to which that definition applies. 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 13 •S 1529 IS ‘‘(3) Under regulations prescribed by the Presi- 1 dent, the Secretary of Labor shall inform the Direc- 2 tor of any individuals determined under section 3 8101(21) or 8171(e)(1)(A) to be domestic partners. 4 ‘‘(f) REGULATIONS.—The Director shall issue regula- 5 tions to carry out subsection (a) through (d).’’. 6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 7 The table of chapters for part III of title 5, United States 8 Code, is amended by inserting after the item relating to 9 chapter 23 the following: 10 ‘‘25. Federal Employees in Domestic Partnerships ................................. 2501’’. SEC. 102. GUIDANCE AND EDUCATIONAL MATERIALS. 11 (a) IN GENERAL.—The officers and agencies that 12 have authority to develop and issue guidance and edu- 13 cational materials with respect to benefits and obligations 14 established under the amendments made by this Act and 15 the measures taken under section 103 shall issue the ma- 16 terials— 17 (1) in accordance with subsection (c); and 18 (2) if in the executive branch, under the coordi- 19 nation of the Director of the Office of Personnel 20 Management. 21 (b) OFFICE OF PERSONNEL MANAGEMENT.—The 22 Director of the Office of Personnel Management shall, to 23 the greatest extent practicable— 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 14 •S 1529 IS (1) compile the materials referred to under sub- 1 section (a); 2 (2) prepare and issue guidance and educational 3 materials with respect to benefits and obligations 4 available to domestic partners of certain Secret Serv- 5 ice and Park Police Officers who are covered under 6 the DC Police Officers’ and Firefighters’ Retirement 7 Plan, and include that guidance documentation in 8 the compilation under paragraph (1); and 9 (3) ensure that such materials are readily avail- 10 able to employees and their domestic partners, both 11 in print form and by publicly accessible website. 12 (c) TIMELINESS.—To the maximum extent prac- 13 ticable, the materials shall be— 14 (1) prepared and made readily available not 15 later than 30 days before the effective date of this 16 Act; and 17 (2) updated as necessary. 18 (d) EFFECTIVE DATE.—This section shall take effect 19 on the date of enactment of this Act. 20 SEC. 103. REVIEW OF PROGRAMS UNDER WHICH EMPLOY- 21 MENT BENEFITS AND OBLIGATIONS ARE ES- 22 TABLISHED. 23 (a) DEFINITIONS.—In this section— 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 15 •S 1529 IS (1) the term ‘‘benefit’’ includes any right, 1 power, privilege, immunity, or protection, whether 2 substantive, procedural, remedial, or otherwise; 3 (2) the term ‘‘covered state’’ means a State, 4 foreign country, or political subdivision of a foreign 5 country in which a marriage between 2 individuals 6 of the same sex is recognized under the law of that 7 State, country, or political subdivision; 8 (3) the term ‘‘domestic partner’’ means either 9 of the individuals in a domestic partnership; 10 (4) the term ‘‘domestic partnership’’ means a 11 relationship between 2 individuals— 12 (A) who are of the same sex; 13 (B) at least 1 of whom is an employee; 14 (C)(i) who are in a committed domestic- 15 partnership relationship with each other satis- 16 fying the conditions in clauses (ii), (iii), and (iv) 17 and intend to remain so indefinitely; 18 (ii) who have a common residence and in- 19 tend to continue to do so (or would have a com- 20 mon residence, but are prevented from doing so 21 because of such reasons as an assignment 22 abroad or other employment-related factors, fi- 23 nancial considerations, family responsibilities, 24 or other such reasons); 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 16 •S 1529 IS (iii) who share responsibility for a signifi- 1 cant measure of each other’s welfare and finan- 2 cial obligations; and 3 (iv) neither of whom is married to or in a 4 domestic partnership with anyone except each 5 other; 6 (D) each of whom are at least 18 years of 7 age and mentally competent to consent to a 8 contract; 9 (E) who are not related to each other by 10 blood in a way that would prohibit legal mar- 11 riage between individuals otherwise eligible to 12 marry in the jurisdiction (or, if applicable, in 13 any jurisdiction) in which the individuals have 14 a common residence; and 15 (F) neither of whom reside in a covered 16 state; 17 (5) the term ‘‘employee’’ means— 18 (A) an employee as defined under section 19 2501 of title 5, United States Code, as added 20 by section 101 of this Act; 21 (B) a member of the commissioned corps 22 of the Public Health Service or of the commis- 23 sioned corps of the National Oceanic and At- 24 mospheric Administration; or 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 17 •S 1529 IS (C) any other individual performing per- 1 sonal service to the Government (including an 2 instrumentality wholly owned by the United 3 States), whether for pay, for nominal pay, or as 4 a volunteer, who is not performing such service 5 as an employee of any employer other than the 6 Government or as a member of the Armed 7 Forces; 8 (6) the term ‘‘obligation’’ includes any duty, 9 disability, or liability, whether substantive, proce- 10 dural, remedial, or otherwise; and 11 (7) the term ‘‘State’’ means each of the several 12 States, the District of Columbia, the Commonwealth 13 of Puerto Rico, or any other territory or possession 14 of the United States. 15 (b) REVIEWS, ADDITIONAL MEASURES, REC- 16 OMMENDATIONS, AND REPORTS TO CONGRESS.—Not later 17 than 180 days after the date of enactment of this Act, 18 and not less frequently than once every 2 years thereafter, 19 the President and designees of the President shall— 20 (1) conduct a review of the employment benefits 21 and of the employment obligations applied to mar- 22 ried employees and their spouses to determine what 23 authority exists for the President and designees of 24 the President to apply such benefits and obligations 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 18 •S 1529 IS to employees who have domestic partners and the 1 domestic partners of those employees; 2 (2) include within the review under paragraph 3 (1) all employment benefits and obligations under 4 regulations prescribed by the President or a designee 5 of the President, or promulgated by the head of any 6 agency or department of the executive branch; 7 (3) take any additional measures that can be 8 taken, to the greatest extent practicable and con- 9 sistent with law, to apply such benefits and obliga- 10 tions to employees with domestic partners and the 11 domestic partners of those employees; 12 (4) develop recommendations for any legislation 13 to further apply such benefits and obligations to em- 14 ployees with domestic partners and the domestic 15 partners of those employees; and 16 (5) submit a report to Congress summarizing 17 the review, determinations, and recommendations 18 under paragraphs (1), (2), (3), and (4). 19 (c) EFFECTIVE DATE.—This section shall take effect 20 on the date of enactment of this Act. 21 SEC. 104. EFFECTIVE DATE. 22 (a) IN GENERAL.—Except as otherwise specifically 23 provided, this Act and amendments made by this Act shall 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 19 •S 1529 IS take effect 180 days after the date of enactment of this 1 Act. 2 (b) APPLICATION TO CURRENT AND FUTURE EM- 3 PLOYEES.—An employee, former employee, or annuitant 4 shall be eligible to establish a domestic partnership by fil- 5 ing an affidavit under section 2502(a)(2) of title 5, United 6 States Code, as added by section 101 of this Act, only 7 if the employee, former employee, or annuitant is or has 8 been employed as an employee on or after the effective 9 date of this Act. 10 TITLE II—CIVIL SERVICE 11 RETIREMENT SYSTEM 12 SEC. 201. DEFINITIONS. 13 Section 8331 is amended— 14 (1) in paragraph (23), by striking subpara- 15 graph (B) and inserting the following: 16 ‘‘(B) if the former spouse— 17 ‘‘(i) was married to the individual for 18 not less than 9 months; or 19 ‘‘(ii) was in a domestic partnership 20 with the individual immediately before a 21 marriage to such individual, and the com- 22 bined duration of the domestic partnership 23 and marriage was not less than 9 24 months;’’; 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 20 •S 1529 IS (2) in paragraph (30), by striking ‘‘and’’ at the 1 end; 2 (3) in paragraph (31), by striking the period 3 and inserting a semicolon; and 4 (4) by adding at the end the following: 5 ‘‘(32) ‘domestic partner’ and ‘domestic partner- 6 ship’ have the meanings given under section 2501; 7 and 8 ‘‘(33) ‘former domestic partner’ means a former 9 domestic partner of an individual— 10 ‘‘(A) if such individual performed at least 11 18 months of civilian service covered under this 12 subchapter as an employee or Member; and 13 ‘‘(B) if the former domestic partner— 14 ‘‘(i) was in a domestic partnership 15 with the individual for not less than 9 16 months; or 17 ‘‘(ii) was married to the individual im- 18 mediately before entering into a domestic 19 partnership with such individual, and the 20 combined duration of the marriage and do- 21 mestic partnership was not less than 9 22 months.’’. 23 SEC. 202. CREDITABLE SERVICE. 24 Section 8332 is amended— 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 21 •S 1529 IS (1) in subsection (c)(3)(C)(ii), by striking 1 ‘‘former spouse.’’ and inserting ‘‘former spouse (or 2 former domestic partner).’’; and 3 (2) in paragraphs (4) and (5) of subsection (o), 4 by striking ‘‘spouse’’ each place it appears and in- 5 serting ‘‘spouse (or domestic partner),’’. 6 SEC. 203. COMPUTATION OF ANNUITY. 7 Section 8339 is amended— 8 (1) in subsection (j)— 9 (A) in paragraph (1)— 10 (i) by inserting ‘‘(or domestic part- 11 ner)’’ after ‘‘the spouse’’ each place it ap- 12 pears; 13 (ii) by inserting ‘‘(or has a domestic 14 partner)’’ after ‘‘is married’’; and 15 (iii) by inserting ‘‘(or domestic part- 16 ner’s)’’ after ‘‘the spouse’s’’ each place it 17 appears; 18 (B) in paragraph (2), by inserting ‘‘(or 19 former domestic partner)’’ after ‘‘former 20 spouse’’ each place it appears; 21 (C) in paragraph (3)— 22 (i) in the first sentence— 23 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 22 •S 1529 IS (I) by inserting ‘‘(or former do- 1 mestic partner)’’ after ‘‘former 2 spouse’’ each place it appears; and 3 (II) by inserting ‘‘(or being in a 4 domestic partnership with)’’ after 5 ‘‘based on marriage to’’; 6 (ii) in the second sentence— 7 (I) by inserting ‘‘(or the domestic 8 partnership of the former domestic 9 partner with)’’ after ‘‘the marriage of 10 the former spouse to’’; and 11 (II) by striking ‘‘is dissolved,’’ 12 and inserting ‘‘is dissolved (or termi- 13 nated),’’; 14 (iii) in the sixth sentence, by striking 15 ‘‘former spouse.’’ and inserting ‘‘former 16 spouse (or former domestic partner).’’; 17 (iv) in subparagraph (B)— 18 (I) by striking ‘‘is then married,’’ 19 and inserting ‘‘is then married (or is 20 then in a domestic partnership),’’; and 21 (II) by striking ‘‘the spouse’s 22 written consent.’’ and inserting ‘‘the 23 written consent of the spouse (or do- 24 mestic partner).’’; and 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 23 •S 1529 IS (v) by amending the next to last sen- 1 tence to read as follows: ‘‘In the case of a 2 retired employee or Member whose annuity 3 is being reduced in order to provide a sur- 4 vivor annuity for a former spouse (or 5 former domestic partner), an election to 6 provide or increase a survivor annuity for 7 any other former spouse (or any other 8 former domestic partner), and to continue 9 an appropriate reduction for that purpose, 10 may be made within the same period that, 11 and subject to the same conditions under 12 which, an election could be made under 13 paragraph (5)(B) for a current spouse (or 14 a current domestic partner), subject to the 15 provisions of this paragraph relating to 16 consent of a current spouse (or of a cur- 17 rent domestic partner), if the retired em- 18 ployee or Member is then married (or in a 19 domestic partnership).’’; and 20 (D) by amending paragraph (5) to read as 21 follows: 22 ‘‘(5)(A) Any reduction in an annuity for the purpose 23 of providing a survivor annuity for the current spouse (or 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 24 •S 1529 IS the current domestic partner) of a retired employee or 1 Member shall be terminated for each full month— 2 ‘‘(i) after the death of the spouse (or domestic 3 partner); or 4 ‘‘(ii) after the dissolution of the marriage of the 5 spouse (or the termination of the domestic partner- 6 ship of the domestic partner) to the employee or 7 Member, 8 except that an appropriate reduction shall be made there- 9 after if the spouse (or domestic partner) is entitled, as 10 a former spouse (or former domestic partner), to a sur- 11 vivor annuity under section 8341(h). 12 ‘‘(B) Any reduction in an annuity for the purpose of 13 providing a survivor annuity for a former spouse (or a 14 former domestic partner) of a retired employee or Member 15 shall be terminated for each full month after the former 16 spouse remarries (or enters into a domestic partnership) 17 (or the former domestic partner enters into a subsequent 18 domestic partnership or marries) before reaching age 55 19 or dies. This reduction shall be replaced by an appropriate 20 reduction or reductions under paragraph (4) if the retired 21 employee or Member has (i) another former spouse (or an- 22 other former domestic partner) who is entitled to a sur- 23 vivor annuity under section 8341(h), (ii) a current spouse 24 to whom the employee or Member was married (or a cur- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 25 •S 1529 IS rent domestic partner with whom the employee or Member 1 was in a domestic partnership) at the time of retirement 2 and with respect to whom a survivor annuity was not 3 jointly waived under paragraph (1), or (iii) a current 4 spouse whom the employee or Member married (or a cur- 5 rent domestic partner with whom the employee or Member 6 entered into domestic partnership) after retirement and 7 with respect to whom an election has been made under 8 subparagraph (C) or subsection (k)(2). 9 ‘‘(C)(i) Upon entry into a subsequent marriage (or 10 domestic partnership), a retired employee or Member who 11 was married (or in a domestic partnership) at the time 12 of retirement, including an employee or Member whose an- 13 nuity was not reduced to provide a survivor annuity for 14 the employee’s or Member’s spouse or former spouse (or 15 domestic partner or former domestic partner) as of the 16 time of retirement, may irrevocably elect during such mar- 17 riage (or domestic partnership), in a signed writing re- 18 ceived by the Office— 19 ‘‘(I) within 2 years after such entry into a sub- 20 sequent marriage (or domestic partnership); or 21 ‘‘(II) if later, within 2 years after— 22 ‘‘(aa) the death of or entry into a subse- 23 quent marriage (or domestic partnership) by 24 any former spouse (or former domestic partner) 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 26 •S 1529 IS of such employee or Member who was entitled 1 to a survivor annuity under section 8341(h); or 2 ‘‘(bb) if there was more than 1 surviving 3 former spouse (or surviving former domestic 4 partner), the death of or entry into a subse- 5 quent marriage (or domestic partnership) by 6 the last such surviving former spouse (or sur- 7 viving former domestic partner), 8 a reduction in the employee’s or Member’s annuity 9 under paragraph (4) for the purpose of providing an 10 annuity for such employee’s or Member’s spouse (or 11 domestic partner) in the event such spouse (or do- 12 mestic partner) survives the employee or Member. 13 ‘‘(ii) Such election and reduction shall be effective the 14 first day of the second month after the election is received 15 by the Office, but not less than 9 months after the date 16 of the subsequent marriage (or entry into the subsequent 17 domestic partnership), and the retired employee or Mem- 18 ber shall deposit in the Fund an amount determined by 19 the Office of Personnel Management, as nearly as may 20 be administratively feasible, to reflect the amount by 21 which the annuity of such retired employee or Member 22 would have been reduced if the election had been in effect 23 since the date of retirement or, if later, the date the pre- 24 vious reduction in such retired employee’s or Member’s an- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 27 •S 1529 IS nuity was terminated under subparagraph (A) or (B), plus 1 interest. For the purposes of the preceding sentence, the 2 annual rate of interest for each year during which an an- 3 nuity would have been reduced if the election had been 4 in effect on and after the applicable date referred to in 5 such sentence shall be 6 percent. 6 ‘‘(iii) The Office shall, by regulation, provide for pay- 7 ment of the deposit required under clause (ii) by a reduc- 8 tion in the annuity of the employee or Member. The reduc- 9 tion shall, to the extent practicable, be designed so that 10 the present value of the future reduction is actuarially 11 equivalent to the deposit required under clause (ii), except 12 that total reductions in the annuity of an employee or 13 Member to pay deposits required by the provisions of this 14 paragraph or paragraph (3) shall not exceed 25 percent 15 of the annuity computed under subsections (a) through 16 (i), (n), (q), and (r), including adjustments under section 17 8340. The reduction required by this clause, which shall 18 be effective on the same date as the election under clause 19 (i), shall be permanent and unaffected by any future dis- 20 solution of the marriage (or termination of the domestic 21 partnership). Such reduction shall be independent of and 22 in addition to the reduction required under clause (i). 23 ‘‘(iv) Notwithstanding any other provision of this sub- 24 paragraph, an election under this subparagraph may not 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 28 •S 1529 IS be made for the purpose of providing an annuity in the 1 case of a spouse by remarriage (or a domestic partner by 2 a subsequent domestic partnership) if such spouse was 3 married to (or if such domestic partner was in a domestic 4 partnership with) the employee or Member at the time of 5 such employee’s or Member’s retirement, and all rights to 6 survivor benefits for such spouse (or domestic partner) 7 under this subchapter based on marriage (or domestic 8 partnership) to such employee or Member were then 9 waived under paragraph (1) or a similar prior provision 10 of law. 11 ‘‘(v) An election to provide a survivor annuity to a 12 person under this subparagraph— 13 ‘‘(I) shall prospectively void any election made 14 by the employee or Member under subsection (k)(1) 15 with respect to such person; or 16 ‘‘(II) shall, if an election was made by the em- 17 ployee or Member under such subsection (k)(1) with 18 respect to a different person, prospectively void such 19 election if appropriate written application is made by 20 such employee or Member at the time of making the 21 election under this subparagraph. 22 ‘‘(vi) The deposit provisions of clauses (ii) and (iii) 23 shall not apply if— 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 29 •S 1529 IS ‘‘(I) the employee or Member makes an election 1 under this subparagraph after having made an elec- 2 tion under subsection (k)(1); and 3 ‘‘(II) the election under subsection (k)(1) be- 4 comes void under clause (v).’’; 5 (2) in subsection (k)— 6 (A) in paragraph (1)— 7 (i) by striking ‘‘a married employee or 8 Member’’ and inserting ‘‘an employee or 9 Member who is married (or in a domestic 10 partnership)’’; and 11 (ii) by inserting ‘‘(or domestic part- 12 ner)’’ after ‘‘spouse’’ each place it appears; 13 and 14 (B) in paragraph (2)— 15 (i) by striking the matter before sub- 16 paragraph (B) and inserting the following: 17 ‘‘(2)(A) An employee or Member, who is unmarried 18 (and not in a domestic partnership) at the time of retiring 19 under a provision of law which permits election of a re- 20 duced annuity with a survivor annuity payable to such em- 21 ployee’s or Member’s spouse (or domestic partner) and 22 who later marries (or enters into a domestic partnership), 23 may irrevocably elect, in a signed writing received in the 24 Office— 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 30 •S 1529 IS ‘‘(i) within 2 years after such employee or 1 Member marries (or enters into a domestic partner- 2 ship); or 3 ‘‘(ii) if later, within 2 years after— 4 ‘‘(I) the death of, or entry into a subse- 5 quent marriage (or domestic partnership) by, 6 any former spouse (or former domestic partner) 7 of such employee or Member who was entitled 8 to a survivor annuity under section 8341(h); or 9 ‘‘(II) if there was more than 1 surviving 10 former spouse (or surviving former domestic 11 partner), the death of or entry into a subse- 12 quent marriage (or domestic partnership) by 13 the last such surviving former spouse (or sur- 14 viving former domestic partner), 15 a reduction in the retired employee or Member’s current 16 annuity as provided in subsection (j).’’; 17 (ii) in subparagraph (B)(i) (in the 18 matter before subclause (I)), by striking 19 ‘‘marriage.’’ and inserting ‘‘marriage (or 20 entry into a domestic partnership).’’; 21 (iii) in subparagraph (B)(ii), by in- 22 serting ‘‘(or in a domestic partnership)’’ 23 after ‘‘married’’; and 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 31 •S 1529 IS (iv) in subparagraph (C), by striking 1 ‘‘marriage.’’ and inserting ‘‘marriage (or 2 domestic partnership).’’; and 3 (3) in subsection (o)(1)— 4 (A) in subparagraphs (A)(i) and (B)(i), by 5 striking ‘‘is married,’’ and inserting ‘‘is married 6 (or is in a domestic partnership),’’; and 7 (B) in subparagraph (A) (in the matter 8 following clause (ii)), by inserting ‘‘(or domestic 9 partner)’’ after ‘‘spouse’’. 10 SEC. 204. COST-OF-LIVING ADJUSTMENT OF ANNUITIES. 11 Section 8340 is amended— 12 (1) in subsection (a)— 13 (A) by striking ‘‘and’’ at the end of para- 14 graph (1); 15 (B) by striking the period at the end of 16 paragraph (2) and inserting ‘‘; and’’; and 17 (C) by adding at the end the following: 18 ‘‘(3) the terms ‘widow’, ‘widower’, and ‘sur- 19 viving partner’ have the respective meanings given 20 them under section 8341.’’; and 21 (2) in subsection (c)(1)— 22 (A) in the matter before subparagraph (A), 23 by striking all after ‘‘who retires,’’ and before 24 ‘‘of a deceased annuitant’’ and inserting ‘‘to the 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 32 •S 1529 IS widow, widower, or former spouse (or the sur- 1 viving partner or former domestic partner) of a 2 deceased employee or Member, or to the widow, 3 widower, or former spouse (or the surviving 4 partner or former domestic partner), or insur- 5 able interest designee’’; and 6 (B) in subparagraph (B)(ii), by striking ‘‘a 7 widow, widower, former spouse, or insurable in- 8 terest designee’’ and inserting ‘‘a widow, wid- 9 ower, or former spouse (or surviving partner or 10 former domestic partner) or insurable interest 11 designee’’. 12 SEC. 205. SURVIVOR ANNUITIES. 13 Section 8341 is amended— 14 (1) in subsection (a)— 15 (A) by striking paragraphs (1) and (2) and 16 inserting the following: 17 ‘‘(1) ‘widow’ means the surviving wife of an em- 18 ployee or Member who— 19 ‘‘(A) was married to such employee or 20 Member for not less than 9 months immediately 21 before the death of such employee or Member; 22 ‘‘(B) was married to such employee or 23 Member immediately before the death of such 24 employee or Member, was in a domestic part- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 33 •S 1529 IS nership with such employee or Member imme- 1 diately before the marriage to such employee or 2 Member, and the combined duration of the do- 3 mestic partnership and marriage was not less 4 than 9 months; or 5 ‘‘(C) is the mother of issue by that mar- 6 riage; 7 ‘‘(2) ‘widower’ means the surviving husband of 8 an employee or Member who— 9 ‘‘(A) was married to the employee or Mem- 10 ber for not less than 9 months immediately be- 11 fore the death of the employee or Member; 12 ‘‘(B) was married to such employee or 13 Member immediately before the death of such 14 employee or Member, was in a domestic part- 15 nership with the employee or Member imme- 16 diately before the marriage to such employee or 17 Member, and the combined duration of the do- 18 mestic partnership and marriage was not less 19 than 9 months; or 20 ‘‘(C) is the father of issue in that mar- 21 riage;’’; 22 (B) by redesignating paragraphs (3) and 23 (4) as paragraphs (4) and (5), respectively; 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 34 •S 1529 IS (C) by inserting after paragraph (2) the 1 following: 2 ‘‘(3) ‘surviving partner’ means the surviving do- 3 mestic partner of an employee or Member who— 4 ‘‘(A) was in a domestic partnership with 5 such employee or Member for not less than 9 6 months immediately before the death of such 7 employee or Member; or 8 ‘‘(B) satisfies such other requirements, re- 9 lated to parenthood and the domestic partner- 10 ship, as the Director of the Office of Personnel 11 Management shall by regulation prescribe based 12 on the definition of a widow or widower under 13 paragraphs (1)(B) and (2)(B) of this section;’’; 14 and 15 (D) in paragraph (5) (as so redesignated 16 by subparagraph (A))— 17 (i) in subparagraph (A)— 18 (I) by striking ‘‘an unmarried de- 19 pendent child’’ and inserting ‘‘a de- 20 pendent child who is unmarried (and 21 not in a domestic partnership) and’’; 22 (II) in clause (ii), by striking 23 ‘‘stepchild but only if the stepchild’’ 24 and inserting ‘‘stepchild (or child of 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 35 •S 1529 IS the domestic partner not adopted by 1 or otherwise the child of the employee 2 or Member) but only if the stepchild 3 (or the child of the domestic part- 4 ner)’’; and 5 (III) in clause (iv), by inserting 6 ‘‘(or surviving domestic partner)’’ 7 after ‘‘the surviving spouse’’; and 8 (ii) in subparagraphs (B) and (C), by 9 striking ‘‘unmarried dependent child’’ and 10 inserting ‘‘dependent child who is unmar- 11 ried (and not in a domestic partnership)’’; 12 (2) in subsection (b)— 13 (A) in paragraph (1)— 14 (i) by striking ‘‘widow or widower’’ 15 each place it appears and inserting ‘‘widow 16 or widower (or surviving partner)’’; and 17 (ii) by striking ‘‘remarriage,’’ and in- 18 serting ‘‘remarriage (or entry into a subse- 19 quent domestic partnership)’’; 20 (B) in paragraph (2)— 21 (i) by striking ‘‘widow or widower’’ 22 each place it appears and inserting ‘‘widow 23 or widower (or surviving partner)’’; and 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 36 •S 1529 IS (ii) by inserting ‘‘(or in a domestic 1 partnership with)’’ after ‘‘married to’’; 2 (C) in paragraph (3)— 3 (i) in the matter before subparagraph 4 (A), by inserting ‘‘(or domestic partner)’’ 5 after ‘‘spouse’’; 6 (ii) by striking ‘‘widow or widower’’ 7 each place it appears and inserting ‘‘widow 8 or widower (or surviving partner)’’; and 9 (iii) in subparagraph (B), by inserting 10 ‘‘(or, in the case of a widow or widower, 11 enters into a domestic partnership) (or, in 12 the case of a surviving partner, enters into 13 a subsequent domestic partnership or mar- 14 ries)’’ after ‘‘remarries’’; and 15 (D) in paragraph (4)— 16 (i) by striking ‘‘widow or widower’’ 17 each place it appears and inserting ‘‘widow 18 or widower (or surviving partner)’’; and 19 (ii) in subparagraph (B), by inserting 20 ‘‘(or former domestic partner)’’ after 21 ‘‘former spouse’’; 22 (3) in subsection (d)— 23 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 37 •S 1529 IS (A) by striking ‘‘widow or widower’’ each 1 place it appears and inserting ‘‘widow or wid- 2 ower (or surviving partner)’’; 3 (B) in subparagraph (B), by inserting ‘‘(or 4 former domestic partner)’’ after ‘‘former 5 spouse’’; and 6 (C) in clause (ii), by inserting ‘‘(or, in the 7 case of a widow or widower, enters into a do- 8 mestic partnership) (or, in the case of a sur- 9 viving partner, enters into a subsequent domes- 10 tic partnership or marries)’’ after ‘‘remarries’’; 11 (4) in subsection (e)— 12 (A) by striking the matter before para- 13 graph (2) and inserting the following: 14 ‘‘(e)(1) For the purposes of this subsection— 15 ‘‘(A) the term ‘former spouse’ includes a former 16 spouse who was married to an employee or Member 17 for less than 9 months and a former spouse of an 18 employee or Member who completed less than 18 19 months of service covered by this subchapter; and 20 ‘‘(B) the term ‘former domestic partner’ in- 21 cludes a former domestic partner who was in a do- 22 mestic partnership with an employee or Member for 23 less than 9 months and a former domestic partner 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 38 •S 1529 IS of an employee or Member who completed less than 1 18 months of service covered by this subchapter.’’; 2 (B) in paragraph (2), by striking ‘‘a 3 spouse or a former spouse’’ each place it ap- 4 pears and inserting ‘‘a spouse or former spouse 5 (or a domestic partner or former domestic part- 6 ner)’’; 7 (C) in paragraph (3)— 8 (i) in subparagraph (E), by striking 9 ‘‘dies or marries;’’ and inserting ‘‘dies or 10 marries (or enters into a domestic partner- 11 ship);’’; and 12 (ii) in the matter following subpara- 13 graph (E)— 14 (I) by inserting ‘‘(or domestic 15 partner or former domestic partner)’’ 16 after ‘‘spouse or former spouse’’; and 17 (II) by striking ‘‘spouse, former 18 spouse, or child’’ and inserting 19 ‘‘spouse or former spouse (or domestic 20 partner or former domestic partner) 21 or child,’’; and 22 (D) in paragraph (4), by striking ‘‘mar- 23 riage, then, if such marriage’’ and inserting 24 ‘‘marriage, then, if such marriage (or a domes- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 39 •S 1529 IS tic partnership, then, if such domestic partner- 1 ship)’’; 2 (5) by striking subsection (f) and inserting the 3 following: 4 ‘‘(f) If a Member heretofore or hereafter separated 5 from the service with title to deferred annuity from the 6 Fund hereafter dies before having established a valid claim 7 for annuity and is survived by a spouse to whom married 8 (or a domestic partner to whom in a domestic partnership) 9 at the date of separation, the surviving spouse (or sur- 10 viving partner)— 11 ‘‘(1) is entitled to an annuity equal to 55 per- 12 cent of the deferred annuity of the Member com- 13 mencing on the day after the Member dies and ter- 14 minating on the last day of the month before the 15 surviving spouse dies or remarries (or enters into a 16 domestic partnership) (or the surviving domestic 17 partner dies or enters into a subsequent domestic 18 partnership or marries); or 19 ‘‘(2) may elect to receive the lump-sum credit 20 instead of annuity if the spouse (or domestic part- 21 ner) is the individual who would be entitled to the 22 lump-sum credit and files application therefor with 23 the Office before the award of the annuity. 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 40 •S 1529 IS Notwithstanding the preceding sentence, an annuity pay- 1 able under this subsection to the surviving spouse (or sur- 2 viving domestic partner) of a Member may not exceed the 3 difference between— 4 ‘‘(A) the annuity which would otherwise be 5 payable to such surviving spouse (or such sur- 6 viving domestic partner) under this subsection; 7 and 8 ‘‘(B) the amount of the survivor annuity 9 payable to any former spouse (or any former 10 domestic partner) of such Member under sub- 11 section (h).’’; 12 (6) by striking subsection (g) and inserting the 13 following: 14 ‘‘(g) In the case of a surviving spouse (or surviving 15 domestic partner) whose annuity under this section is ter- 16 minated because of a subsequent entry into a marriage 17 (or domestic partnership) before becoming 55 years of 18 age, annuity at the same rate shall be restored com- 19 mencing on the day the remarriage (or subsequent domes- 20 tic partnership) is dissolved by death, annulment, or di- 21 vorce (or terminated), if— 22 ‘‘(1) the surviving spouse (or surviving domestic 23 partner) elects to receive this annuity instead of a 24 survivor benefit to which he may be entitled, under 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 41 •S 1529 IS this subchapter or another retirement system for 1 Government employees, by reason of the subsequent 2 entry into a marriage (or domestic partnership); and 3 ‘‘(2) any lump sum paid on termination of the 4 annuity is returned to the Fund.’’; 5 (7) by striking subsection (h) and inserting the 6 following: 7 ‘‘(h)(1) Subject to paragraphs (2) through (5), a 8 former spouse (or former domestic partner) of a deceased 9 employee, Member, annuitant, or former Member who was 10 separated from the service with title to a deferred annuity 11 under section 8338(b) is entitled to a survivor annuity 12 under this subsection, if and to the extent expressly pro- 13 vided for in an election under section 8339(j)(3), or in 14 the terms of any decree of divorce or annulment or any 15 court order or court-approved property settlement agree- 16 ment incident to such decree. 17 ‘‘(2)(A) The annuity payable to a former spouse (or 18 former domestic partner) under this subsection may not 19 exceed the difference between— 20 ‘‘(i) the amount applicable in the case of such 21 former spouse (or former domestic partner), as de- 22 termined under subparagraph (B); and 23 ‘‘(ii) the amount of any annuity payable under 24 this subsection to any other former spouse (or 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 42 •S 1529 IS former domestic partner) of the employee, Member, 1 or annuitant, based on an election previously made 2 under section 8339(j)(3), or a court order previously 3 issued. 4 ‘‘(B) The applicable amount, for purposes of sub- 5 paragraph (A)(i) in the case of a former spouse (or former 6 domestic partner), is the amount which would be applica- 7 ble— 8 ‘‘(i) under subsection (b)(4)(A) in the case of a 9 widow or widower (or surviving partner), if the de- 10 ceased was an employee or Member who died after 11 retirement; 12 ‘‘(ii) under subparagraph (A) of subsection (d) 13 in the case of a widow or widower (or surviving part- 14 ner), if the deceased was an employee or Member de- 15 scribed in the first sentence of such subsection; or 16 ‘‘(iii) under subparagraph (A) of subsection (f) 17 in the case of a surviving spouse (or surviving do- 18 mestic partner), if the deceased was a Member de- 19 scribed in the first sentence of such subsection. 20 ‘‘(3) The commencement and termination of an annu- 21 ity payable under this subsection shall be governed by the 22 terms of the applicable order, decree, agreement, or elec- 23 tion, as the case may be, except that any such annuity— 24 ‘‘(A) shall not commence before— 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 43 •S 1529 IS ‘‘(i) the day after the employee, Member, 1 or annuitant dies; or 2 ‘‘(ii) the first day of the second month be- 3 ginning after the date on which the Office re- 4 ceives written notice of the order, decree, agree- 5 ment, or election, as the case may be, together 6 with such additional information or documenta- 7 tion as the Office may prescribe, 8 whichever is later, and 9 ‘‘(B) shall terminate— 10 ‘‘(i) except as provided in subsection (k), 11 in the case of an annuity computed by reference 12 to clause (i) or (ii) of paragraph (2)(B), no 13 later than the last day of the month before the 14 former spouse remarries (or enters into a do- 15 mestic partnership) (or former domestic partner 16 enters into a subsequent domestic partnership 17 or marries) before becoming 55 years of age or 18 dies; or 19 ‘‘(ii) in the case of an annuity computed by 20 reference to clause (iii) of such paragraph, no 21 later than the last day of the month before the 22 former spouse remarries (or enters into a do- 23 mestic partnership) or dies (or the former do- 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 44 •S 1529 IS mestic partner enters into a subsequent domes- 1 tic partnership or marries or dies). 2 ‘‘(4) For purposes of this subchapter, a modification 3 in a decree, order, agreement, or election referred to in 4 paragraph (1) shall not be effective— 5 ‘‘(A) if such modification is made after the re- 6 tirement or death of the employee or Member con- 7 cerned, and 8 ‘‘(B) to the extent that such modification in- 9 volves an annuity under this subsection. 10 ‘‘(5) For purposes of this subchapter, a decree, order, 11 agreement, or election referred to in paragraph (1) shall 12 not be effective, in the case of a former spouse (or former 13 domestic partner), to the extent that it is inconsistent with 14 any joint designation or waiver previously executed with 15 respect to such former spouse (or former domestic part- 16 ner) under section 8339(j)(1) or a similar prior provision 17 of law. 18 ‘‘(6) Any payment under this subsection to a person 19 bars recovery by any other person. 20 ‘‘(7) As used in this subsection, ‘court’ means any 21 court of any State, the District of Columbia, the Common- 22 wealth of Puerto Rico, Guam, the Northern Mariana Is- 23 lands, or the Virgin Islands, and any Indian court.’’; 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 45 •S 1529 IS (8) by striking subsection (i) and inserting the 1 following: 2 ‘‘(i) The requirement in subsections (a)(1), (a)(2), 3 and (a)(3) that the surviving spouse (or surviving domes- 4 tic partner) of an employee or Member have been married 5 to (or in a domestic partnership with, or a combination 6 thereof) such employee or Member for not less than 9 7 months immediately before the death of the employee or 8 Member in order to qualify as the widow or widower (or 9 surviving partner) of such employee or Member shall be 10 deemed satisfied in any case in which the employee or 11 Member dies within the applicable 9-month period, if— 12 ‘‘(1) the death of the employee or Member was 13 accidental; or 14 ‘‘(2) the surviving spouse (or surviving domestic 15 partner) of such individual had been previously mar- 16 ried to (or in a domestic partnership with) the indi- 17 vidual that was subsequently dissolved (or termi- 18 nated), and the aggregate time married (or in a do- 19 mestic partnership) is not less than 9 months.’’; and 20 (9) by redesignating subsection (k) as sub- 21 section (j) and amending such subsection to read as 22 follows: 23 ‘‘(j)(1) Subsections (b)(3)(B), (d)(ii), and 24 (h)(3)(B)(i), to the extent that they provide for termi- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 46 •S 1529 IS nation of a survivor annuity because of a subsequent entry 1 into a marriage (or domestic partnership) before age 55, 2 shall not apply if— 3 ‘‘(A) the widow, widower, or former spouse— 4 ‘‘(i) was married to the individual on 5 whose service the survivor annuity is based for 6 not less than 30 years; or 7 ‘‘(ii) was in a domestic partnership with 8 the individual on whose service the survivor an- 9 nuity is based immediately before marriage to 10 such individual, and the combined duration of 11 the domestic partnership and marriage was not 12 less than 30 years; or 13 ‘‘(B) the surviving partner or former domestic 14 partner— 15 ‘‘(i) was in a domestic partnership with the 16 individual on whose service the survivor annuity 17 is based for not less than 30 years; or 18 ‘‘(ii) was married to the individual on 19 whose service the survivor annuity is based im- 20 mediately before entering into a domestic part- 21 nership with such individual, and the combined 22 duration of the marriage and the domestic part- 23 nership was not less than 30 years. 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 47 •S 1529 IS ‘‘(2) A subsequent entry into a marriage (or domestic 1 partnership) described in paragraph (1) shall not be taken 2 into account for purposes of subparagraph (B) or (C) of 3 section 8339(j)(5) or any other provision of this chapter 4 which the Director of the Office of Personnel Management 5 may by regulation identify in order to carry out the pur- 6 poses of this subsection.’’. 7 SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE- 8 FICIARY; ORDER OF PRECEDENCE. 9 Section 8342 is amended— 10 (1) in subsection (c)— 11 (A) by inserting ‘‘(or surviving partner)’’ 12 after ‘‘widow or widower’’; and 13 (B) by striking ‘‘stepchild.’’ and inserting 14 ‘‘stepchild (or a child of a domestic partner 15 which child is not adopted by or otherwise a 16 child of the employee or Member).’’; and 17 (2) in subsection (j)— 18 (A) in paragraph (1)(A), by inserting ‘‘(or 19 the domestic partner, if any)’’ after ‘‘the 20 spouse, if any’’; 21 (B) by inserting ‘‘(or domestic partner)’’ 22 after ‘‘spouse’’ each place it appears; and 23 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 48 •S 1529 IS (C) by inserting ‘‘(or former domestic part- 1 ner)’’ after ‘‘former spouse’’ each place it ap- 2 pears. 3 SEC. 207. ALTERNATIVE FORMS OF ANNUITIES. 4 Section 8343a is amended— 5 (1) in subsection (b)(2)— 6 (A) (in the material before subparagraph 7 (A)), by inserting ‘‘(or in a domestic partner- 8 ship)’’ after ‘‘married’’; and 9 (B) in subparagraph (B), by inserting ‘‘(or 10 surviving domestic partner)’’ after ‘‘surviving 11 spouse’’; 12 (2) in subsection (d)— 13 (A) in paragraph (1), by striking ‘‘mar- 14 ried,’’ each place it appears and inserting ‘‘mar- 15 ried (or in a domestic partnership),’’; and 16 (B) in paragraph (2), by striking ‘‘former 17 spouse,’’ and inserting ‘‘former spouse (or 18 former domestic partner),’’; and 19 (3) in subsection (e), by inserting ‘‘(or in a do- 20 mestic partnership)’’ after ‘‘married’’. 21 SEC. 208. ADMINISTRATION; REGULATIONS. 22 Section 8347(n)(1)(D) is amended by striking ‘‘their 23 spouses, and their former spouses’’ and inserting ‘‘their 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 49 •S 1529 IS spouses (and domestic partners), and their former spouses 1 (and former domestic partners)’’. 2 SEC. 209. PARTICIPATION IN THE THRIFT SAVINGS PLAN. 3 Section 8351(b)(5) is amended— 4 (1) in subparagraphs (A), (B), and (C), by in- 5 serting ‘‘(or domestic partner)’’ after ‘‘spouse’’ each 6 place it appears; 7 (2) in subparagraph (B), by striking ‘‘a married 8 employee or Member’’ and inserting ‘‘an employee or 9 Member who is married (or in a domestic partner- 10 ship)’’; and 11 (3) in subparagraph (D), by inserting ‘‘(or do- 12 mestic partner or former domestic partner)’’ after 13 ‘‘spouse or former spouse’’. 14 TITLE III—FEDERAL EMPLOY- 15 EES’ RETIREMENT SYSTEM 16 Subtitle A—General Provisions 17 SEC. 301. DEFINITIONS. 18 Section 8401 is amended— 19 (1) in paragraph (12), by striking subpara- 20 graph (B) and inserting the following: 21 ‘‘(B) if the former spouse— 22 ‘‘(i) was married to such individual 23 for not less than 9 months; or 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 50 •S 1529 IS ‘‘(ii) was in a domestic partnership 1 with the individual immediately before a 2 marriage to such individual, and the com- 3 bined duration of the domestic partnership 4 and marriage was not less than 9 5 months;’’; 6 (2) in paragraph (36), by striking ‘‘and’’ at the 7 end; 8 (3) in paragraph (37), by striking the period at 9 the end and inserting a semicolon; and 10 (4) by adding at the end the following: 11 ‘‘(38) ‘domestic partner’ and ‘domestic partner- 12 ship’ have the meanings given under section 2501; 13 and 14 ‘‘(39) ‘former domestic partner’ means a former 15 domestic partner of an individual— 16 ‘‘(A) if such individual performed not less 17 than 18 months of civilian service creditable 18 under section 8411 as an employee or Member; 19 and 20 ‘‘(B) if the former domestic partner— 21 ‘‘(i) was in a domestic partnership 22 with such individual for not less than 9 23 months; or 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 51 •S 1529 IS ‘‘(ii) was married to the individual im- 1 mediately before entering into a domestic 2 partnership with such individual, and the 3 combined duration of the marriage and do- 4 mestic partnership was not less than 9 5 months.’’. 6 Subtitle B—Creditable Service 7 SEC. 311. CREDITABLE SERVICE. 8 Section 8411 is amended— 9 (1) in subsection (c)(4)(C)(ii), by inserting ‘‘(or 10 former domestic partner)’’ after ‘‘former spouse’’; 11 (2) in subsection (l)(4)(B)(i), by inserting ‘‘(or 12 domestic partner)’’ after ‘‘spouse’’; and 13 (3) in subsection (l)(5), by inserting ‘‘(or do- 14 mestic partner)’’ after ‘‘spouse’’ each place it ap- 15 pears. 16 SEC. 312. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 17 OR A CURRENT DOMESTIC PARTNER. 18 (a) IN GENERAL.—Section 8416 is amended— 19 (1) in the section heading, by inserting ‘‘(or 20 domestic partner)’’ after ‘‘spouse’’; 21 (2) in subsection (a)— 22 (A) by inserting ‘‘(or in a domestic part- 23 nership)’’ after ‘‘married’’ each place it ap- 24 pears; 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 52 •S 1529 IS (B) by inserting ‘‘(or domestic partner)’’ 1 after ‘‘spouse’’ each place it appears; and 2 (C) by inserting ‘‘(or domestic partner’s)’’ 3 after ‘‘spouse’s’’ each place it appears; 4 (3) by striking subsection (b) and inserting the 5 following: 6 ‘‘(b)(1) Upon entry into a subsequent marriage (or 7 subsequent domestic partnership), a retired employee or 8 Member who was married (or in a domestic partnership) 9 at the time of retirement, including an employee or Mem- 10 ber whose annuity was not reduced to provide a survivor 11 annuity for the employee’s or Member’s spouse or former 12 spouse (or domestic partner or former domestic partner) 13 as of the time of retirement, may irrevocably elect during 14 such marriage (or domestic partnership), in a signed writ- 15 ing received by the Office— 16 ‘‘(A) within 2 years after such entry into a sub- 17 sequent marriage (or domestic partnership); or 18 ‘‘(B) if later, within 2 years after— 19 ‘‘(i) the death of or entry into a subse- 20 quent marriage (or domestic partnership) by 21 any former spouse (or former domestic partner) 22 of such employee or Member who was entitled 23 to a survivor annuity under section 8445, or 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 53 •S 1529 IS ‘‘(ii) if there was more than 1 surviving 1 former spouse (or surviving former domestic 2 partner), the death of or entry into a subse- 3 quent marriage (or domestic partnership) by 4 the last such surviving former spouse (or sur- 5 viving former domestic partner), 6 a reduction in the employee’s or Member’s annuity 7 under section 8419(a) for the purpose of providing 8 an annuity for such employee’s or Member’s spouse 9 (or domestic partner) in the event such spouse (or 10 domestic partner) survives the employee or Member. 11 ‘‘(2) The election and reduction shall be effective the 12 first day of the second month after the election is received 13 by the Office, but not less than 9 months after the date 14 of the subsequent marriage (or entry into the subsequent 15 domestic partnership). 16 ‘‘(3) An election to provide a survivor annuity to an 17 individual under this subsection— 18 ‘‘(A) shall prospectively void any election made 19 by the employee or Member under section 8420 with 20 respect to such individual; or 21 ‘‘(B) shall, if an election was made by the em- 22 ployee or Member under section 8420 with respect 23 to a different individual, prospectively void such elec- 24 tion if appropriate written application is made by 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 54 •S 1529 IS such employee or Member at the time of making the 1 election under this subsection. 2 ‘‘(4) Any election under this subsection made by an 3 employee or Member on behalf of an individual after the 4 retirement of such employee or Member shall not be effec- 5 tive if— 6 ‘‘(A) the employee or Member was married to 7 (or in a domestic partnership with) such individual 8 at the time of retirement; and 9 ‘‘(B) the annuity rights of such individual based 10 on the service of such employee or Member were 11 then waived under subsection (a).’’; 12 (4) in subsection (c)— 13 (A) by striking the matter before para- 14 graph (2) and inserting the following: 15 ‘‘(c)(1) An employee or Member who is unmarried 16 (and not in a domestic partnership) at the time of retiring 17 under this chapter and who later marries (or enters into 18 a domestic partnership) may irrevocably elect, in a signed 19 writing received by the Office— 20 ‘‘(A) within 2 years after such employee or 21 Member marries (or enters into a domestic partner- 22 ship); or 23 ‘‘(B) if later, within 2 years after— 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 55 •S 1529 IS ‘‘(i) the death of or entry into a subse- 1 quent remarriage (or entry into a subsequent 2 domestic partnership or a marriage by any 3 former domestic partner) by of any former 4 spouse (or domestic partner) of such employee 5 or Member who was entitled to a survivor annu- 6 ity under section 8445, 7 ‘‘(ii) if more than 1 surviving former 8 spouse (or surviving former domestic partner), 9 the death of or entry into a subsequent mar- 10 riage (or domestic partnership) by the last such 11 surviving former spouse (or surviving former 12 domestic partner), 13 a reduction in the current annuity of the retired em- 14 ployee or Member, in accordance with section 15 8419(a).’’; and 16 (B) in paragraph (2), by striking ‘‘mar- 17 riage.’’ and inserting ‘‘marriage (or domestic 18 partnership).’’; and 19 (5) in subsection (d)(1)— 20 (A) by inserting ‘‘(or in a domestic part- 21 nership)’’ after ‘‘married’’; and 22 (B) by inserting ‘‘(or domestic partner)’’ 23 after ‘‘spouse’’ each place it appears. 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 56 •S 1529 IS (b) TECHNICAL AND CONFORMING AMENDMENT.— 1 The table of sections for chapter 84 of title 5, United 2 States Code, is amended by striking the item relating to 3 section 8416 and inserting the following: 4 ‘‘8416. Survivor reduction for a current spouse (or domestic partner).’’. SEC. 313. SURVIVOR REDUCTION FOR A FORMER SPOUSE 5 OR FORMER DOMESTIC PARTNER. 6 (a) IN GENERAL.—Section 8417 is amended— 7 (1) in the section heading, by inserting ‘‘(or 8 former domestic partner)’’ after ‘‘former 9 spouse’’; 10 (2) in subsection (a), by inserting ‘‘(or a former 11 domestic partner)’’ after ‘‘former spouse’’; and 12 (3) in subsection (b)— 13 (A) in paragraph (1), by inserting ‘‘(or 14 former domestic partner)’’ after ‘‘former 15 spouse’’ each place it appears; 16 (B) by amending paragraph (2) to read as 17 follows: 18 ‘‘(2) An election under this subsection shall be made 19 at the time of retirement or, if the marriage is dissolved 20 (or the domestic partnership is terminated) after the date 21 of retirement, within 2 years after the date on which the 22 marriage of the former spouse to the employee or Member 23 is so dissolved (or the domestic partnership of the former 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 57 •S 1529 IS domestic partner with the employee or Member is so ter- 1 minated).’’; and 2 (C) in paragraph (3)— 3 (i) in subparagraph (A)(ii), by insert- 4 ing ‘‘(or a surviving partner)’’ after ‘‘a 5 widow or widower’’; and 6 (ii) by amending subparagraph (B) to 7 read as follows: 8 ‘‘(B) shall not be effective, in the case of an 9 employee or Member who is then married (or in a 10 domestic partnership), unless it is made with the 11 spouse’s (or domestic partner’s) written consent.’’. 12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 13 The table of sections for chapter 84 of title 5, United 14 States Code, is amended by striking the item relating to 15 section 8417 and inserting the following: 16 ‘‘8417. Survivor reduction for a former spouse (or former domestic partner).’’. SEC. 314. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS. 17 Section 8418(b) is amended— 18 (1) by inserting ‘‘(or domestic partnership)’’ 19 after ‘‘marriage’’; and 20 (2) by striking ‘‘former spouse.’’ inserting 21 ‘‘former spouse (or former domestic partner).’’. 22 SEC. 315. SURVIVOR REDUCTIONS; COMPUTATION. 23 Section 8419 is amended— 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 58 •S 1529 IS (1) in subsection (a), by inserting ‘‘(or domestic 1 partner)’’ after ‘‘spouse’’ each place it appears; and 2 (2) by amending subsection (b) to read as fol- 3 lows: 4 ‘‘(b)(1) Any reduction in an annuity for the purpose 5 of providing a survivor annuity for the current spouse (or 6 current domestic partner) of a retired employee or Mem- 7 ber shall be terminated for each full month— 8 ‘‘(A) after the death of the spouse (or domestic 9 partner); or 10 ‘‘(B) after the dissolution of the spouse’s mar- 11 riage to (or the termination of the domestic part- 12 ner’s domestic partnership with) the employee or 13 Member, except that an appropriate reduction shall 14 be made thereafter if the spouse (or domestic part- 15 ner) is entitled, as a former spouse (or former do- 16 mestic partner), to a survivor annuity under section 17 8445. 18 ‘‘(2) Any reduction in an annuity for the purpose of 19 providing a survivor annuity for a former spouse (or 20 former domestic partner) of a retired employee or Member 21 shall be terminated for each full month after the former 22 spouse remarries (or enters into a domestic partnership) 23 (or the former domestic partner enters into a subsequent 24 domestic partnership or marries) before reaching age 55 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 59 •S 1529 IS or dies. This reduction shall be replaced by appropriate 1 reductions under subsection (a) if the retired employee or 2 Member has— 3 ‘‘(A) another former spouse (or former domestic 4 partner) who is entitled to a survivor annuity under 5 section 8445; 6 ‘‘(B) a current spouse to whom the employee or 7 Member was married (or a current domestic partner 8 with whom the employee or Member was in a domes- 9 tic partnership) at the time of retirement and with 10 respect to whom a survivor annuity was not waived 11 under section 8416(a) or, if waived, with respect to 12 whom an election under section 8416(d) has been 13 made; or 14 ‘‘(C) a current spouse whom the employee or 15 Member married (or current domestic partner with 16 whom the employee or Member entered into a do- 17 mestic partnership) after retirement and with re- 18 spect to whom an election has been made under sub- 19 section (b) or (c) of section 8416.’’. 20 SEC. 316. INSURABLE INTEREST REDUCTIONS. 21 Section 8420 is amended— 22 (1) in subsection (b)(1)— 23 (A) by striking ‘‘married employee or 24 Member’’ and inserting ‘‘employee or Member 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 60 •S 1529 IS who is married (or in a domestic partnership)’’; 1 and 2 (B) by inserting ‘‘(or domestic partner)’’ 3 after ‘‘spouse’’ each place it appears; and 4 (2) in subsection (b)(2), by inserting ‘‘(or 5 former domestic partner)’’ after ‘‘former spouse’’. 6 SEC. 317. ALTERNATIVE FORMS OF ANNUITIES. 7 Section 8420a is amended— 8 (1) in subsection (b)(2)— 9 (A) in the matter before subparagraph (A), 10 by inserting ‘‘(or in a domestic partnership)’’ 11 after ‘‘married’’; and 12 (B) in subparagraph (B), by striking ‘‘sur- 13 viving spouse.’’ inserting ‘‘surviving spouse (or 14 surviving domestic partner).’’; 15 (2) in subsection (d)— 16 (A) in paragraph (1), by striking ‘‘mar- 17 ried,’’ inserting ‘‘married (or in a domestic 18 partnership),’’ and 19 (B) in paragraph (2), by inserting ‘‘(or 20 former domestic partner)’’ after ‘‘former 21 spouse’’ each place it appears; and 22 (3) in subsection (e), by inserting ‘‘(or in a do- 23 mestic partnership)’’ after ‘‘married’’. 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 61 •S 1529 IS SEC. 318. LUMP-SUM BENEFITS; DESIGNATION OF BENE- 1 FICIARY; ORDER OF PRECEDENCE. 2 Section 8424 is amended— 3 (1) in subsection (b)— 4 (A) in paragraph (1)— 5 (i) in subparagraph (A), by striking 6 ‘‘the spouse, if any, and any former 7 spouse’’ and inserting ‘‘any spouse or 8 former spouse (and any domestic partner 9 or former domestic partner)’’; and 10 (ii) in subparagraph (B), by striking 11 ‘‘spouse or former spouse’’ each place it 12 appears and inserting ‘‘spouse or former 13 spouse (or domestic partner or former do- 14 mestic partner)’’; and 15 (B) in paragraph (2), by striking ‘‘spouse 16 or former spouse’’ each place it appears and in- 17 serting ‘‘spouse or former spouse (or domestic 18 partner or former domestic partner)’’; and 19 (2) in subsection (d)— 20 (A) by striking ‘‘widow or widower’’ and 21 inserting ‘‘widow or widower (or surviving part- 22 ner)’’; and 23 (B) by striking ‘‘stepchild.’’ and inserting 24 ‘‘stepchild (or a child of a domestic partner 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 62 •S 1529 IS which child is not adopted by or otherwise a 1 child of the employee or Member).’’. 2 Subtitle C—Thrift Savings Plan 3 SEC. 321. BENEFITS AND ELECTION OF BENEFITS. 4 Section 8433(e) is amended by striking paragraph 5 (2) and inserting the following: 6 ‘‘(2) Notwithstanding section 8424(d), if an 7 employee, Member, former employee, or former 8 Member dies and has designated as sole or partial 9 beneficiary his or her spouse (or domestic partner) 10 at the time of death, or, if an employee, Member, 11 former employee, or former Member, dies with no 12 designated beneficiary and is survived by a spouse 13 (or domestic partner), the spouse (or domestic part- 14 ner) may maintain the portion of the employee’s or 15 Member’s account to which the spouse (or domestic 16 partner) is entitled in accordance with the following 17 terms: 18 ‘‘(A) Subject to the limitations of subpara- 19 graph (B), the spouse (or domestic partner) 20 shall have the same withdrawal options under 21 subsection (b) as the employee or Member were 22 the employee or Member living. 23 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 63 •S 1529 IS ‘‘(B) The spouse (or domestic partner) 1 may not make withdrawals under subsection (g) 2 or (h). 3 ‘‘(C) The spouse (or domestic partner) 4 may not make contributions or transfers to the 5 account. 6 ‘‘(D) The account shall be disbursed upon 7 the death of the surviving spouse (or surviving 8 domestic partner). A beneficiary or surviving 9 spouse (or surviving domestic partner) of a de- 10 ceased spouse (or domestic partner) who has in- 11 herited an account is ineligible to maintain the 12 inherited spousal account.’’. 13 SEC. 322. ANNUITIES: METHODS OF PAYMENT; ELECTION; 14 PURCHASE. 15 Section 8434(a)(2) is amended— 16 (1) in subparagraph (B), by inserting ‘‘(or do- 17 mestic partner)’’ after ‘‘spouse’’; and 18 (2) in subparagraph (E)(i), by inserting ‘‘(or 19 former domestic partner)’’ after ‘‘former spouse’’. 20 SEC. 323. PROTECTIONS FOR SPOUSES, DOMESTIC PART- 21 NERS, FORMER SPOUSES, AND FORMER DO- 22 MESTIC PARTNERS. 23 (a) IN GENERAL.—Section 8435 is amended— 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 64 •S 1529 IS (1) in the section heading, by inserting ‘‘(and 1 domestic partners and former domestic 2 partners)’’ after ‘‘spouses and former 3 spouses’’; 4 (2) in subsection (a)— 5 (A) in paragraph (1)— 6 (i) in subparagraph (A), by striking 7 ‘‘A married employee or Member (or 8 former employee or Member)’’ each place it 9 appears and inserting ‘‘An employee or 10 Member, or former employee or former 11 Member, who is married (or in a domestic 12 partnership)’’; and 13 (ii) in subparagraph (B), by inserting 14 ‘‘(or domestic partner)’’ after ‘‘spouse’’ 15 each place it appears; and 16 (B) in paragraph (2), by inserting ‘‘(or do- 17 mestic partner’s)’’ after ‘‘spouse’s’’ each place 18 it appears; 19 (3) in subsection (b)— 20 (A) in paragraph (1)— 21 (i) by inserting ‘‘(or surviving domes- 22 tic partner)’’ after ‘‘surviving spouse’’ each 23 place it appears; and 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 65 •S 1529 IS (ii) by inserting ‘‘(or in a domestic 1 partnership)’’ after ‘‘married’’; and 2 (B) in paragraph (2)(A), by inserting ‘‘(or 3 domestic partner)’’ after ‘‘spouse’’; 4 (4) in subsection (d)— 5 (A) in paragraph (1), by inserting ‘‘(or 6 former domestic partner)’’ after ‘‘former 7 spouse’’ the first two places it appears; 8 (B) in paragraphs (3) through (6), by in- 9 serting ‘‘(or former domestic partner)’’ after 10 ‘‘former spouse’’ each place it appears; 11 (C) in paragraph (3)(B), by inserting ‘‘(or 12 former domestic partners)’’ after ‘‘former 13 spouses’’; and 14 (D) in paragraph (3)(A), by inserting ‘‘(or 15 surviving domestic partner)’’ after ‘‘surviving 16 spouse’’; 17 (5) in subsection (e)(1)— 18 (A) by striking the matter before subpara- 19 graph (B) and inserting the following: 20 ‘‘(e)(1)(A) A loan or withdrawal under subsection (g) 21 or (h) of section 8433 may be made to an employee or 22 Member who is married (or in a domestic partnership) 23 only if the employee’s or Member’s spouse (or domestic 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 66 •S 1529 IS partner) consents to such loan or withdrawal in writing.’’; 1 and 2 (B) in subparagraph (C), by inserting ‘‘(or 3 domestic partner’s)’’ after ‘‘spouse’s’’ each 4 place it appears; and 5 (6) in subsection (g), by inserting ‘‘(or domestic 6 partner or former domestic partner)’’ after ‘‘spouse 7 or former spouse’’. 8 (b) TECHNICAL AND CONFORMING AMENDMENT.— 9 The table of sections for chapter 84 is amended by strik- 10 ing the item relating to section 8435 and inserting the 11 following: 12 ‘‘8435. Protections for spouses and former spouses (and domestic partners and former domestic partners).’’. SEC. 324. JUSTICES AND JUDGES. 13 Section 8440a(b)(6) is amended by inserting ‘‘(or do- 14 mestic partners)’’ after ‘‘spouses’’. 15 Subtitle D—Survivor Annuities 16 SEC. 331. DEFINITIONS. 17 Section 8441 is amended— 18 (1) by striking paragraphs (1) and (2) and in- 19 serting the following: 20 ‘‘(1) ‘widow’ means the surviving wife of an em- 21 ployee or Member who— 22 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 67 •S 1529 IS ‘‘(A) was married to such employee or 1 Member for not less than 9 months immediately 2 before the death of such employee or Member; 3 ‘‘(B) was married to such employee or 4 Member immediately before the death of such 5 employee or Member, was in a domestic part- 6 nership with such employee or Member imme- 7 diately before the marriage to such employee or 8 Member, and the combined duration of the do- 9 mestic partnership and marriage was not less 10 than 9 months; or 11 ‘‘(C) is the mother of issue by that mar- 12 riage; 13 ‘‘(2) ‘widower’ means the surviving husband of 14 an employee or Member who— 15 ‘‘(A) was married to the employee or Mem- 16 ber for not less than 9 months immediately be- 17 fore the death of the employee or Member; 18 ‘‘(B) was married to such employee or 19 Member immediately before the death of such 20 employee or Member, was in a domestic part- 21 nership with the employee or Member imme- 22 diately before the marriage to such employee or 23 Member, and the combined duration of the do- 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 68 •S 1529 IS mestic partnership and marriage was not less 1 than 9 months; or 2 ‘‘(C) is the father of issue in that mar- 3 riage;’’; 4 (2) by redesignating paragraphs (3) and (4) as 5 paragraphs (4) and (5), respectively, and by insert- 6 ing after paragraph (2) the following: 7 ‘‘(3) the term ‘surviving partner’ means the 8 surviving domestic partner of an employee, Member, 9 or annuitant, or of a former employee or Member, 10 who— 11 ‘‘(A) was in a domestic partnership with 12 such employee, Member, or annuitant, or 13 former employee or Member, for not less than 14 9 months immediately before the death of such 15 employee, Member, or annuitant, or former em- 16 ployee or Member; or 17 ‘‘(B) satisfies such other requirements, 18 based on parenthood and the domestic partner- 19 ship, as the Director of the Office of Personnel 20 Management shall by regulation prescribe based 21 on the definition of a widow or widower under 22 paragraphs (1)(B) and (2)(B) of this section; 23 and’’; and 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 69 •S 1529 IS (3) in paragraph (5) (as so redesignated by 1 paragraph (1))— 2 (A) in subparagraph (A)— 3 (i) by striking ‘‘an unmarried depend- 4 ent child’’ and inserting ‘‘a dependent child 5 who is unmarried (and not in a domestic 6 partnership)’’; 7 (ii) in clause (ii), by striking ‘‘step- 8 child but only if the stepchild’’ and insert- 9 ing ‘‘stepchild (or child of the domestic 10 partner not adopted by or otherwise the 11 child of the employee or Member) but only 12 if the stepchild (or the child of the domes- 13 tic partner)’’; and 14 (iii) in clause (iv), by inserting ‘‘(or 15 surviving partner)’’ after ‘‘widow or wid- 16 ower’’; and 17 (B) in subparagraphs (B) and (C), by 18 striking ‘‘unmarried dependent child’’ each 19 place that term appears and inserting ‘‘depend- 20 ent child who is unmarried (and not in a do- 21 mestic partnership)’’. 22 SEC. 332. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING 23 PARTNER. 24 (a) IN GENERAL.—Section 8442 is amended— 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 70 •S 1529 IS (1) in the section heading, by inserting ‘‘(or 1 surviving partner)’’ after ‘‘widow or wid- 2 ower’’; 3 (2) in subsection (a)— 4 (A) by inserting ‘‘(or surviving partner)’’ 5 after ‘‘widow or widower’’ each place it appears; 6 (B) by inserting ‘‘(or entry into a domestic 7 partnership)’’ after ‘‘marriage’’; and 8 (C) by inserting ‘‘(or domestic partner)’’ 9 after ‘‘spouse’’ each place it appears; 10 (3) in subsection (b), by inserting ‘‘(or sur- 11 viving partner)’’ after ‘‘widow or widower’’ each 12 place it appears; 13 (4) in subsection (c)— 14 (A) in the matter in paragraph (1) before 15 subparagraph (A) thereof, by inserting ‘‘(or a 16 surviving partner with whom in a domestic 17 partnership)’’ after ‘‘widow or widower to whom 18 married’’; and 19 (B) by striking ‘‘widow or widower’’ each 20 place it appears (other than where amended by 21 subparagraph (A)) and inserting ‘‘widow or 22 widower (or surviving partner)’’; 23 (5) in subsection (d)— 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 71 •S 1529 IS (A) by striking ‘‘widow or widower’’ each 1 place it appears and inserting ‘‘widow or wid- 2 ower (or surviving partner)’’; 3 (B) in paragraph (1)(B), by inserting ‘‘(or 4 enters into a domestic partnership) (or in the 5 case of a surviving partner, enters into a subse- 6 quent domestic partnership or marries)’’ after 7 ‘‘remarries’’; 8 (C) in paragraph (2)— 9 (i) by striking ‘‘remarriage before’’ 10 and inserting ‘‘subsequent entry into a 11 marriage (or domestic partnership) be- 12 fore’’; 13 (ii) by striking ‘‘remarriage is dis- 14 solved by death, divorce, or annulment,’’ 15 and inserting ‘‘subsequent marriage is dis- 16 solved by death, divorce, annulment (or 17 subsequent domestic partnership is termi- 18 nated),’’; and 19 (iii) in subparagraph (A), by striking 20 ‘‘remarriage;’’ and inserting ‘‘subsequent 21 marriage (or domestic partnership);’’; and 22 (D) in paragraph (3)— 23 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 72 •S 1529 IS (i) by striking ‘‘remarriage’’ and in- 1 serting ‘‘subsequent entry into a marriage 2 (or domestic partnership)’’; and 3 (ii) by inserting ‘‘(or in a domestic 4 partnership for not less than 30 years 5 with)’’ after ‘‘married for at least 30 years 6 to’’; 7 (6) in subsection (e)— 8 (A) in the matter preceding paragraph 9 (1)— 10 (i) by striking ‘‘paragraphs (1)(A) 11 and (2)(A)’’ and inserting ‘‘paragraphs 12 (1), (2), and (3)’’; 13 (ii) by inserting ‘‘(or surviving part- 14 ner)’’ after ‘‘widow or widower’’ each place 15 it appears; and 16 (iii) by inserting ‘‘(or in a domestic 17 partnership with)’’ after ‘‘been married 18 to’’; and 19 (B) by amending paragraph (2) to read as 20 follows: 21 ‘‘(2) the surviving spouse of such individual had 22 been previously married to such individual and sub- 23 sequently divorced (or the surviving partner of such 24 individual had been previously in a domestic partner- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 73 •S 1529 IS ship with such individual which domestic partnership 1 was subsequently terminated), and the time married 2 (or in a domestic partnership, or combination there- 3 of) is not less than 9 months.’’; 4 (7) in subsection (g), by striking ‘‘widow or 5 widower’’ and inserting ‘‘widow or widower (or sur- 6 viving partner)’’ each place it appears; and 7 (8) in subsection (h)— 8 (A) by striking ‘‘widow or widower’’ each 9 place it appears and inserting ‘‘widow or wid- 10 ower (or surviving partner)’’; and 11 (B) by inserting ‘‘(or former domestic 12 partner)’’ after ‘‘former spouse’’ each place it 13 appears. 14 (b) TECHNICAL AND CONFORMING AMENDMENT.— 15 The table of sections for chapter 84 is amended by strik- 16 ing the item relating to section 8442 and inserting the 17 following: 18 ‘‘8442. Rights of a widow or widower (or surviving partner).’’. SEC. 333. RIGHTS OF A CHILD. 19 Section 8443(b) is amended by striking subparagraph 20 (E) and the matter following that subparagraph and in- 21 serting the following: 22 ‘‘(E) dies or marries (or enters into a do- 23 mestic partnership); 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 74 •S 1529 IS whichever occurs first. On the death of the surviving 1 wife or husband (or surviving domestic partner), or 2 former wife or husband (or former domestic part- 3 ner), or termination of the annuity of a child, the 4 annuity of any other child or children shall be re- 5 computed and paid as though the wife or husband 6 (or domestic partner), former wife or husband (or 7 former domestic partner), or child had not survived 8 the annuitant, employee, or Member. If the annuity 9 of a child under this subchapter terminates under 10 subparagraph (E) because of marriage (or domestic 11 partnership), then, if such marriage (or domestic 12 partnership) ends, such annuity shall resume on the 13 first day of the month in which it ends, but only if 14 any lump sum paid is returned to the Fund, and 15 that individual is not otherwise ineligible for such 16 annuity.’’. 17 SEC. 334. RIGHTS OF A FORMER SPOUSE OR FORMER DO- 18 MESTIC PARTNER. 19 (a) IN GENERAL.—Section 8445 is amended— 20 (1) in the section heading, by inserting ‘‘(or 21 former domestic partner)’’ after ‘‘former 22 spouse’’; 23 (2) in subsection (a), by inserting ‘‘(or former 24 domestic partner)’’ after ‘‘former spouse’’; 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 75 •S 1529 IS (3) in subsection (b)— 1 (A) by inserting ‘‘(or former domestic part- 2 ner)’’ after ‘‘former spouse’’ each place it ap- 3 pears; and 4 (B) by inserting ‘‘(or surviving partner)’’ 5 after ‘‘widow or widower’’; 6 (4) in subsection (c)(2), by inserting ‘‘(or enters 7 into a domestic partnership) (or the former domestic 8 partner enters into a subsequent domestic partner- 9 ship or marries)’’ after ‘‘remarries’’; 10 (5) in subsection (e), by inserting ‘‘(or former 11 domestic partner)’’ after ‘‘former spouse’’ each place 12 it appears; and 13 (6) by amending subsection (h) to read as fol- 14 lows: 15 ‘‘(h)(1) Subsection (c)(2), to the extent that it pro- 16 vides for termination of a survivor annuity because of a 17 subsequent entry into a marriage (or domestic partner- 18 ship) before age 55, shall not apply if— 19 ‘‘(A) the former spouse— 20 ‘‘(i) was married to the individual on 21 whose service the survivor annuity is based for 22 not less than 30 years; or 23 ‘‘(ii) was in a domestic partnership with 24 the individual on whose service the survivor an- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 76 •S 1529 IS nuity is based immediately before marriage to 1 such individual, and the combined duration of 2 the domestic partnership and marriage was not 3 less than 30 years; or 4 ‘‘(B) the former domestic partner— 5 ‘‘(i) was in a domestic partnership with the 6 individual on whose service the survivor annuity 7 is based for not less than 30 years; or 8 ‘‘(ii) was married the individual on whose 9 service the survivor annuity is based imme- 10 diately before entering into a domestic partner- 11 ship with such individual, and the combined du- 12 ration of the marriage and the domestic part- 13 nership was not less than 30 years. 14 ‘‘(2) A subsequent entry into a marriage (or domestic 15 partnership) described in paragraph (1) shall not be taken 16 into account for purposes of section 8419(b)(1)(B) or any 17 other provision of this chapter which the Director may by 18 regulation identify in order to carry out the purposes of 19 this subsection.’’. 20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 21 The table of sections for chapter 84 is amended by strik- 22 ing the item relating to section 8445 and inserting the 23 following: 24 ‘‘8445. Rights of a former spouse (or former domestic partner).’’. VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6211 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 77 •S 1529 IS Subtitle E—General Administrative 1 Provisions 2 SEC. 341. AUTHORITY OF THE OFFICE OF PERSONNEL MAN- 3 AGEMENT. 4 Section 8461(j)(1)(D) is amended by striking ‘‘such 5 employees, their spouses, their former spouses, and their 6 survivors’’ and inserting ‘‘such employees and their 7 spouses (and domestic partners), former spouses (and 8 former domestic partners), and survivors’’. 9 SEC. 342. COST-OF-LIVING ADJUSTMENTS. 10 Section 8462(c) is amended— 11 (1) in paragraph (2), by striking ‘‘survivor 12 (other than a widow or widower whose annuity is 13 computed under section 8442(g) or a child under 14 section 8443)’’ and inserting the following: ‘‘sur- 15 vivor, other than a widow or widower (or surviving 16 partner) whose annuity is computed under section 17 8442(g) or a child under section 8443,’’; 18 (2) in paragraph (4) (in the matter before sub- 19 paragraph (A)), by inserting ‘‘(or surviving part- 20 ner)’’ after ‘‘widow or widower’’; and 21 (3) in paragraph (4)(B)(i), by inserting ‘‘(or 22 surviving partner’s)’’ after ‘‘widow’s or widower’s’’. 23 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 78 •S 1529 IS Subtitle F—Federal Retirement 1 Thrift Investment Management 2 System 3 SEC. 351. FIDUCIARY RESPONSIBILITIES; LIABILITY AND 4 PENALTIES. 5 Section 8477(a)(4)(F) is amended to read as follows: 6 ‘‘(F) a spouse (or domestic partner), sib- 7 ling, ancestor, lineal descendant, or spouse (or 8 domestic partner) of a lineal descendant of a 9 person described in subparagraph (A), (B), or 10 (D);’’. 11 TITLE IV—INSURANCE BENEFITS 12 SEC. 401. LIFE INSURANCE. 13 (a) IN GENERAL.—Chapter 87 is amended— 14 (1) in section 8701(d)— 15 (A) in paragraph (1)— 16 (i) in subparagraph (A), by inserting 17 ‘‘(or domestic partner)’’ after ‘‘spouse’’; 18 and 19 (ii) in subparagraph (B), by striking 20 ‘‘stepchild or foster child (but only if the 21 stepchild’’ and inserting ‘‘stepchild (or 22 child of the domestic partner of the indi- 23 vidual not adopted by or otherwise the 24 child of the individual) or foster child (but 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 79 •S 1529 IS only if the stepchild (or the child of the do- 1 mestic partner)’’; and 2 (B) by adding at the end the following: 3 ‘‘(3) For the purpose of this subsection, ‘domes- 4 tic partner’ has the meaning given under section 5 2501.’’; 6 (2) in section 8705(a), by inserting ‘‘(or sur- 7 viving domestic partner)’’ after ‘‘widow or widower’’; 8 and 9 (3) in section 8714c(b)(1)(A), by striking 10 ‘‘spouse;’’ and inserting ‘‘spouse (or domestic part- 11 ner);’’. 12 (b) EFFECTIVE DATE.—The amendments made by 13 this section shall apply with respect to calendar years be- 14 ginning after the end of the 6-month period beginning on 15 the date of the enactment of this Act. 16 SEC. 402. HEALTH INSURANCE. 17 (a) DEFINITIONS.—Section 8901 is amended— 18 (1) in paragraph (5)— 19 (A) in the matter before subparagraph 20 (A)— 21 (i) by inserting ‘‘(or domestic part- 22 ner)’’ after ‘‘spouse’’; and 23 (ii) by striking ‘‘an unmarried de- 24 pendent child’’ and inserting ‘‘a dependent 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 80 •S 1529 IS child who is unmarried (and not in a do- 1 mestic partnership) and is’’; 2 (B) in subparagraph (B), by inserting ‘‘(or 3 a child of the domestic partner not adopted by 4 or otherwise the child of the employee or annu- 5 itant)’’ after ‘‘stepchild’’; and 6 (C) in the matter following subparagraph 7 (B), by striking ‘‘an unmarried dependent child 8 regardless of age’’ and inserting ‘‘a dependent 9 child regardless of age who is unmarried (and 10 not in a domestic partnership)’’; 11 (2) in paragraph (8)(B), by striking ‘‘or former 12 spouses,’’ and inserting ‘‘former spouses (or former 13 domestic partners),’’; 14 (3) in paragraph (10)— 15 (A) in subparagraph (A), by inserting ‘‘(or 16 entered into a domestic partnership)’’ after ‘‘re- 17 married’’; and 18 (B) by striking ‘‘and’’ at the end; 19 (4) by redesignating paragraph (11) as para- 20 graph (12), and by inserting after paragraph (10) 21 the following: 22 ‘‘(11) ‘former domestic partner’ means a former 23 domestic partner of an employee, former employee, 24 or annuitant— 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 81 •S 1529 IS ‘‘(A) who has not entered into another do- 1 mestic partnership (or married) before age 55 2 after the domestic partnership to the employee, 3 former employee, or annuitant was terminated; 4 ‘‘(B) who was enrolled in an approved 5 health benefits plan under this chapter as a 6 family member at any time during the 18- 7 month period before the date of the termination 8 of the domestic partnership to the employee, 9 former employee, or annuitant; and 10 ‘‘(C)(i) who is receiving any portion of a 11 survivor annuity under section 8341(h) or 8445 12 (or benefits similar to either of the aforemen- 13 tioned annuity benefits under a retirement sys- 14 tem for Government employees other than the 15 Civil Service Retirement System or the Federal 16 Employees’ Retirement System); 17 ‘‘(ii) for whom an election has been made 18 under section 8339(j)(3) or 8417(b) (or similar 19 provision of law); or 20 ‘‘(iii) who is otherwise entitled to an annu- 21 ity or any portion of an annuity as a former do- 22 mestic partner under a retirement system for 23 Government employees, 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 82 •S 1529 IS except that such term shall not include any 1 such former domestic partner of a former em- 2 ployee whose domestic partnership was termi- 3 nated after the former employee’s separation 4 from the service (other than by retirement).’’; 5 (5) by striking the period at the end of para- 6 graph (12) (as redesignated) and inserting ‘‘; and’’; 7 and 8 (6) by adding at the end the following: 9 ‘‘(13) ‘domestic partner’ and ‘domestic partner- 10 ship’ have the meanings given under section 2501.’’. 11 (b) CONTRACTING AUTHORITY.—Section 8902 is 12 amended in subsections (g), (j), and (k)(1), by striking 13 ‘‘former spouse,’’ each place it appears and inserting 14 ‘‘former spouse (or former domestic partner),’’. 15 (c) DEBARMENT AND OTHER SANCTIONS.—Section 16 8902a(a)(1)(B) is amended by inserting ‘‘(or former do- 17 mestic partner)’’ after ‘‘or former spouse’’. 18 (d) HEALTH BENEFITS PLANS.—Section 8903(1) is 19 amended— 20 (1) by striking ‘‘former spouses,’’ and inserting 21 ‘‘former spouses (or former domestic partners),’’; 22 and 23 (2) by striking ‘‘former spouse,’’ and inserting 24 ‘‘former spouse (or former domestic partner),’’. 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 83 •S 1529 IS (e) ELECTION OF COVERAGE.—Section 8905 is 1 amended— 2 (1) in subsection (c), by adding at the end the 3 following: 4 ‘‘(3) The Office shall prescribe regulations to ensure 5 that, in the administration of this subsection, parity of 6 treatment is afforded— 7 ‘‘(A) to former spouses and former domestic 8 partners; and 9 ‘‘(B) to the children of a marriage that has 10 been dissolved and the children of a domestic part- 11 nership that has been terminated.’’; 12 (2) in subsection (e)— 13 (A) by inserting ‘‘(or domestic partner)’’ 14 after ‘‘has a spouse’’; and 15 (B) by striking ‘‘either spouse,’’ and in- 16 serting ‘‘either spouse (or either domestic part- 17 ner, as the case may be),’’; and 18 (3) in subsections (f) and (g), by striking 19 ‘‘former spouse,’’ each place it appears and inserting 20 ‘‘former spouse (or former domestic partner),’’. 21 (f) CONTINUED COVERAGE.—Section 8905a is 22 amended by adding at the end the following: 23 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 84 •S 1529 IS ‘‘(g) The Office shall prescribe regulations to ensure 1 that, in the administration of this section, parity of treat- 2 ment is afforded— 3 ‘‘(1) to former spouses (and former domestic 4 partners); and 5 ‘‘(2) to the children of a marriage that has been 6 dissolved (and the children of a domestic partnership 7 that has been terminated).’’. 8 (g) COVERAGE OF RESTORED EMPLOYEES AND SUR- 9 VIVOR OR DISABILITY ANNUITANTS.—Section 8908(b) is 10 amended by striking ‘‘remarriage and is later restored’’ 11 and inserting ‘‘having entered into a subsequent marriage 12 (or domestic partnership) and is later restored (or a sur- 13 viving domestic partner whose survivor annuity under this 14 title was terminated because of having entered into a sub- 15 sequent domestic partnership or a marriage and is later 16 restored)’’. 17 (h) EMPLOYEES HEALTH BENEFITS FUND.—Section 18 8909(d) is amended by striking ‘‘former spouse,’’ each 19 place it appears and inserting ‘‘former spouse (or former 20 domestic partner),’’. 21 (i) REGULATIONS.—Section 8913(c) is amended— 22 (1) by inserting ‘‘(and former domestic part- 23 ners)’’ after ‘‘and former spouses’’; and 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 85 •S 1529 IS (2) by inserting ‘‘(or former domestic partner)’’ 1 after ‘‘or former spouse’’. 2 (j) CONTRACT REQUIREMENTS; FEDERAL COURT 3 JURISDICTION.— 4 (1) CONTRACTS FOR HEALTH BENEFITS 5 PLANS.—Section 8902 is amended— 6 (A) in subsection (j), as amended by sub- 7 section (b) of this section— 8 (i) by inserting ‘‘(1)’’ after ‘‘(j)’’; and 9 (ii) by adding at the end the fol- 10 lowing: 11 ‘‘(2) Each contract under this chapter may re- 12 quire the carrier to obtain recovery of funds through 13 reimbursement or subrogation with respect to bene- 14 fits provided to or for an individual covered under 15 this chapter.’’; and 16 (B) in subsection (m)(1), by striking the 17 sentence after ‘‘(1)’’ and inserting ‘‘The provi- 18 sions of this chapter and, by operation of this 19 chapter, the terms of any contract established 20 under this chapter shall supersede and preempt 21 any State or local law, or any regulation issued 22 thereunder, insofar as those provisions or terms 23 relate to health insurance or any plan. This 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 86 •S 1529 IS paragraph does not apply with respect to State 1 tax or statutory reserves.’’. 2 (2) JURISDICTION OF COURTS.—Chapter 89 is 3 amended by striking section 8912 and inserting the 4 following: 5 ‘‘§ 8912. Jurisdiction of courts 6 ‘‘The district courts of the United States shall have 7 exclusive jurisdiction of any civil action or claim founded 8 on this chapter, except for a civil action or claim against 9 the United States within the exclusive jurisdiction of the 10 United States Court of Federal Claims under section 1491 11 of title 28 or chapter 71 of title 41.’’. 12 (k) EFFECTIVE DATE.— 13 (1) IN GENERAL.—Except as provided in para- 14 graph (2), the amendments made by this section 15 shall apply with respect to contract years beginning 16 after the end of the 6-month period beginning on the 17 date of enactment of this Act. 18 (2) FEDERAL COURT JURISDICTION OVER THE 19 FEDERAL EMPLOYEES HEALTH BENEFITS PRO- 20 GRAM.—The amendments made by subsection (j) 21 shall— 22 (A) take effect on the date of enactment of 23 this Act; and 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 87 •S 1529 IS (B) apply with respect to any civil action 1 or claim pending or filed on or after the date 2 of enactment of this Act that relates to any in- 3 jury or illness occurring before, on, or after the 4 date of enactment of this Act. 5 SEC. 403. ENHANCED DENTAL BENEFITS. 6 (a) IN GENERAL.—Chapter 89A is amended— 7 (1) in section 8956(a)— 8 (A) by inserting ‘‘or domestic partner’’ 9 after ‘‘a spouse’’; and 10 (B) by striking ‘‘either spouse,’’ and in- 11 serting ‘‘either spouse (or either domestic part- 12 ner, as the case may be),’’; and 13 (2) in section 8957, by striking ‘‘surviving 14 spouse,’’ and inserting ‘‘surviving spouse (or sur- 15 viving domestic partner),’’. 16 (b) EFFECTIVE DATE.—The amendments made by 17 this section shall apply with respect to contract years be- 18 ginning after the end of the 6-month period beginning on 19 the date of the enactment of this Act. 20 SEC. 404. ENHANCED VISION BENEFITS. 21 (a) IN GENERAL.—Chapter 89B is amended— 22 (1) in section 8986(a)— 23 (A) by inserting ‘‘(or domestic partner)’’ 24 after ‘‘a spouse’’; and 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 88 •S 1529 IS (B) by striking ‘‘either spouse,’’ and in- 1 serting ‘‘either spouse (or either domestic part- 2 ner, as the case may be),’’; and 3 (2) in section 8987, by striking ‘‘surviving 4 spouse,’’ and inserting ‘‘surviving spouse (or sur- 5 viving domestic partner),’’. 6 (b) EFFECTIVE DATE.—The amendments made by 7 this section shall apply with respect to contract years be- 8 ginning after the end of the 6-month period beginning on 9 the date of the enactment of this Act. 10 SEC. 405. LONG-TERM CARE INSURANCE. 11 (a) IN GENERAL.—Chapter 90 is amended— 12 (1) in section 9001(5), by redesignating sub- 13 paragraph (D) as subparagraph (E) and by insert- 14 ing after subparagraph (C) the following: 15 ‘‘(D)(i) a domestic partner (as that term is 16 defined in section 2501) of an individual de- 17 scribed in paragraph (1), (2), (3), or (4); 18 ‘‘(ii) a child (including an adopted child, a 19 stepchild, or, to the extent the Office of Per- 20 sonnel Management by regulation provides, a 21 foster child) of a domestic partner referred to 22 in clause (i), if such child is not less than 18 23 years of age; and 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 89 •S 1529 IS ‘‘(iii) a parent of a domestic partner of an 1 individual referred to in paragraph (1) or (3).’’; 2 and 3 (2) in section 9002(e)(2)— 4 (A) in the heading, by striking ‘‘SPOUSAL 5 PARITY’’ and inserting the following: ‘‘PARITY 6 FOR SPOUSE (OR DOMESTIC PARTNER)’’; and 7 (B) by inserting ‘‘(or domestic partner)’’ 8 after ‘‘spouse’’. 9 (b) EFFECTIVE DATE.—The amendments made by 10 this section shall apply with respect to calendar years be- 11 ginning after the end of the 6-month period beginning on 12 the date of the enactment of this Act. 13 TITLE V—TRAVEL, TRANSPOR- 14 TATION, AND SUBSISTENCE 15 SEC. 501. REIMBURSEMENT FOR TAXES INCURRED ON 16 MONEY RECEIVED FOR TRAVEL EXPENSES. 17 (a) IN GENERAL.—Section 5706c is amended— 18 (1) in subsection (a), by striking ‘‘(if filing 19 jointly),’’ and inserting ‘‘(if filing jointly) (or by an 20 employee and such employee’s domestic partner (as 21 that term is defined under section 2501), if joint fil- 22 ing is allowed and they file jointly),’’; and 23 (2) in subsection (b), by striking ‘‘employee and 24 spouse, as the case may be,’’ and inserting ‘‘em- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 90 •S 1529 IS ployee and spouse (or domestic partner), as the case 1 may be’’. 2 (b) EFFECTIVE DATE.—The amendments made by 3 this section shall apply with respect to taxable years begin- 4 ning after the end of the 6-month period beginning on the 5 date of the enactment of this Act. 6 SEC. 502. DEFINITION. 7 Section 5721 is amended— 8 (1) in paragraph (6), by striking ‘‘and’’ at the 9 end; 10 (2) in paragraph (7), by striking the period and 11 inserting ‘‘; and’’; and 12 (3) by adding at the end the following: 13 ‘‘(8) ‘domestic partner’ has the meaning given 14 under section 2501.’’. 15 SEC. 503. RELOCATION EXPENSES OF EMPLOYEES TRANS- 16 FERRED OR REEMPLOYED. 17 (a) IN GENERAL.—Section 5724a(b)(1)(A) is amend- 18 ed by striking ‘‘employee’s spouse’’ and inserting ‘‘employ- 19 ee’s spouse (or domestic partner)’’. 20 (b) EFFECTIVE DATE.—The amendment made by 21 this section shall apply with respect to expenses incurred 22 after the end of the 6-month period beginning on the date 23 of the enactment of this Act. 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 91 •S 1529 IS SEC. 504. TAXES ON REIMBURSEMENTS FOR TRAVEL, 1 TRANSPORTATION, AND RELOCATION EX- 2 PENSES OF EMPLOYEES TRANSFERRED. 3 (a) IN GENERAL.—Section 5724b(a) is amended— 4 (1) by striking ‘‘(if filing jointly),’’ and insert- 5 ing ‘‘(if filing jointly) (or by an employee and the 6 employee’s domestic partner, if joint filing by them 7 is allowed and if they file jointly),’’; and 8 (2) by striking ‘‘employee and spouse, as the 9 case may be,’’ and inserting ‘‘employee and spouse 10 (or domestic partner), as the case may be’’. 11 (b) EFFECTIVE DATE.—The amendments made by 12 this section shall apply with respect to taxable years begin- 13 ning after the end of the 6-month period beginning on the 14 date of the enactment of this Act. 15 SEC. 505. RELOCATION EXPENSES OF AN EMPLOYEE WHO 16 IS PERFORMING AN EXTENDED ASSIGNMENT. 17 (a) IN GENERAL.—Section 5737(a)(4) is amended by 18 inserting ‘‘(or domestic partner)’’ after ‘‘employee and 19 spouse’’. 20 (b) EFFECTIVE DATE.—The amendment made by 21 this section shall apply with respect to expenses incurred 22 after the end of the 6-month period beginning on the date 23 of the enactment of this Act. 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 92 •S 1529 IS SEC. 506. TRANSPORTATION OF FAMILY MEMBERS INCI- 1 DENT TO REPATRIATION OF EMPLOYEES 2 HELD CAPTIVE. 3 Section 5760(c) is amended by striking the period at 4 the end and inserting ‘‘, and includes the domestic partner 5 (as defined under section 2501) of an employee described 6 in subsection (b).’’. 7 SEC. 507. REGULATIONS TO INCLUDE DOMESTIC PART- 8 NERS. 9 (a) IN GENERAL.—Chapter 57 is amended by adding 10 after section 5761 the following: 11 ‘‘§ 5762. Regulations to include domestic partners 12 ‘‘Regulations prescribed under, or to administer pro- 13 visions of, this chapter shall include a domestic partner 14 (as defined under section 2501) within the meaning of the 15 terms ‘immediate family’ and ‘dependent’.’’. 16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 17 The table of sections for chapter 57 is amended by adding 18 after the item relating to section 5761 the following: 19 ‘‘5762. Regulations to include domestic partners.’’. TITLE VI—COMPENSATION FOR 20 WORK INJURIES 21 SEC. 601. DEFINITIONS. 22 Section 8101 is amended— 23 (1) by striking paragraph (6) and inserting the 24 following: 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 93 •S 1529 IS ‘‘(6) ‘widow’ means the wife living with or de- 1 pendent for support on the decedent at the time of 2 the death of the decedent, or living apart for reason- 3 able cause or because of desertion by the decedent;’’; 4 (2) in paragraph (8), by striking ‘‘married 5 brothers or married sisters;’’ and inserting ‘‘any 6 brother or sister who is married (or is in a domestic 7 partnership);’’; 8 (3) in paragraph (9)— 9 (A) by inserting ‘‘(or children of the em- 10 ployee’s domestic partner not adopted by or 11 otherwise the children of the employee)’’ after 12 ‘‘stepchildren’’; and 13 (B) by striking ‘‘married children’’ and in- 14 serting ‘‘any child who is married (or in a do- 15 mestic partnership)’’; 16 (4) by striking paragraph (11) and inserting 17 the following: 18 ‘‘(11) ‘widower’ means the husband living with 19 or dependent for support on the decedent at the 20 time of the death of the decedent, or living apart for 21 reasonable cause or because of desertion by the dece- 22 dent;’’; 23 (5) in paragraph (18), by striking ‘‘and’’ at the 24 end; 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 94 •S 1529 IS (6) in paragraph (19), by striking ‘‘and’’ at the 1 end; 2 (7) in paragraph (20), by striking the period 3 and inserting a semicolon; and 4 (8) by adding at the end the following: 5 ‘‘(21) the term ‘covered state’ means a State, 6 foreign country, or political subdivision of a foreign 7 country in which a marriage between 2 individuals 8 of the same sex is recognized under the law of that 9 State, country, or political subdivision; and 10 ‘‘(22) ‘domestic partner’ means an individual 11 who is in a domestic partnership with another indi- 12 vidual, as determined by the Secretary of Labor for 13 purposes of this subchapter under regulations issued 14 by the Secretary, in consultation with the Director 15 of the Office of Personnel Management— 16 ‘‘(A) who are of the same sex; 17 ‘‘(B) not less than 1 of whom is an em- 18 ployee or an individual otherwise eligible for 19 coverage under this subchapter (or any applica- 20 tion or extension thereof) based on such individ- 21 ual’s employment or other service; 22 ‘‘(C)(i) who are in a committed domestic- 23 partnership relationship with each other satis- 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 95 •S 1529 IS fying the conditions in clauses (ii), (iii), and (iv) 1 and intend to remain so indefinitely; 2 ‘‘(ii) who have a common residence and in- 3 tend to continue to do so (or would have a com- 4 mon residence, but are prevented from doing so 5 because of such reasons as an assignment 6 abroad or other employment-related factors, fi- 7 nancial considerations, family responsibilities or 8 other such reasons); 9 ‘‘(iii) who share responsibility for a signifi- 10 cant measure of each other’s welfare and finan- 11 cial obligations; and 12 ‘‘(iv) neither of whom is married to or in 13 a domestic partnership with anyone except each 14 other; 15 ‘‘(D) who are not less than 18 years of age 16 and mentally competent to consent to a con- 17 tract; 18 ‘‘(E) who are not related to each other by 19 blood in a way that would prohibit legal mar- 20 riage between individuals otherwise eligible to 21 marry in the jurisdiction (or, if applicable, in 22 any jurisdiction) in which the individuals have 23 a common residence; and 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 96 •S 1529 IS ‘‘(F) on the date on which the employee is 1 injured or dies, or, for purposes of section 2 8110, the date on which the augmented com- 3 pensation is to be provided, neither of whom 4 has resided in a covered state for more than 6 5 months; 6 ‘‘(23) the term ‘State’ means each of the sev- 7 eral States, the District of Columbia, the Common- 8 wealth of Puerto Rico, or any other territory or pos- 9 session of the United States; and 10 ‘‘(24) ‘surviving partner’ means the domestic 11 partner in a domestic partnership with the decedent 12 at the time of his or her death.’’. 13 SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN 14 CONNECTION WITH EMPLOYEE’S SERVICE 15 WITH AN ARMED FORCE. 16 Section 8102a(d) is amended— 17 (1) in paragraph (1)(A), by striking ‘‘surviving 18 spouse.’’ and inserting ‘‘surviving spouse (or sur- 19 viving partner).’’; 20 (2) in paragraph (2)(C), by inserting ‘‘(or chil- 21 dren of the employee’s domestic partner not adopted 22 by or otherwise the children of the employee)’’ after 23 ‘‘stepchildren’’; and 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 97 •S 1529 IS (3) by striking paragraph (6) and inserting the 1 following: 2 ‘‘(6) If a person covered by this section has a 3 spouse (or a domestic partner), but designates a per- 4 son other than the spouse (or domestic partner) to 5 receive all or a portion of the amount payable under 6 this section, the head of the agency, or other entity, 7 in which that person is employed shall provide notice 8 of the designation to the spouse (or the domestic 9 partner).’’. 10 SEC. 603. BENEFICIARIES OF AWARDS UNPAID AT DEATH; 11 ORDER OF PRECEDENCE. 12 Section 8109(a)(3)(D) is amended— 13 (1) in clause (i), by striking ‘‘the widow or wid- 14 ower.’’ and inserting ‘‘the widow or widower (or the 15 surviving partner).’’; 16 (2) in clause (ii)— 17 (A) by inserting ‘‘(or a surviving partner)’’ 18 after ‘‘a widow or widower’’; and 19 (B) by inserting ‘‘(or the surviving part- 20 ner)’’ after ‘‘the widow or widower’’; and 21 (3) in clause (iii), by striking ‘‘no widow or wid- 22 ower,’’ and inserting ‘‘no widow or widower (and no 23 surviving partner),’’. 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 98 •S 1529 IS SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS. 1 Section 8110(a) is amended— 2 (1) in paragraph (3)— 3 (A) by striking ‘‘an unmarried child’’ and 4 inserting ‘‘a child who is unmarried (and not in 5 a domestic partnership)’’; and 6 (B) by striking ‘‘and’’ at the end; 7 (2) in paragraph (4), by striking the period and 8 inserting ‘‘; and’’; 9 (3) by inserting after paragraph (4) the fol- 10 lowing: 11 ‘‘(5) a domestic partner, if— 12 ‘‘(A) he or she is a member of the same 13 household as the employee; 14 ‘‘(B) he or she is receiving regular con- 15 tributions from the employee for his or her sup- 16 port; or 17 ‘‘(C) the employee has been ordered by a 18 court to contribute to his or her support.’’; and 19 (4) in the last sentence, by striking ‘‘he mar- 20 ries.’’ and inserting ‘‘he marries (or enters into a do- 21 mestic partnership).’’. 22 SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSA- 23 TION. 24 Section 8116(c) is amended by striking ‘‘spouse,’’ 25 and inserting ‘‘spouse (or domestic partner),’’. 26 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 99 •S 1529 IS SEC. 606. COMPENSATION IN CASE OF DEATH. 1 Section 8133 is amended— 2 (1) in subsection (a)— 3 (A) in paragraphs (1) and (2), by striking 4 ‘‘the widow or widower,’’ and inserting ‘‘the 5 widow or widower (or the surviving partner),’’; 6 (B) in paragraph (2), by inserting ‘‘(or the 7 surviving partner)’’ after ‘‘for the widow or wid- 8 ower’’; 9 (C) in paragraph (3), by striking ‘‘no 10 widow or widower,’’ and inserting ‘‘no widow or 11 widower (and no surviving partner),’’; and 12 (D) in paragraphs (4) and (5), by striking 13 ‘‘widower,’’ and inserting ‘‘widower (or sur- 14 viving partner),’’ each place it appears; and 15 (2) in subsection (b)— 16 (A) by amending paragraph (1) to read as 17 follows: 18 ‘‘(1) a widow or widower dies or remarries (or 19 enters into a domestic partnership) (or a surviving 20 partner dies or enters into a subsequent domestic 21 partnership or marries) before reaching age 55;’’; 22 (B) in paragraphs (2) and (3), by striking 23 ‘‘marries,’’ each place that term appears and 24 inserting ‘‘marries (or enters into a domestic 25 partnership),’’; and 26 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 100 •S 1529 IS (C) in the matter following paragraph 1 (3)— 2 (i) in the first sentence, by striking 3 ‘‘marries.’’ and inserting ‘‘marries (or en- 4 ters into a domestic partnership).’’; and 5 (ii) in the second sentence, by insert- 6 ing ‘‘(or domestic partner) (or a surviving 7 partner who has entitlements to benefits 8 under this title derived from more than 1 9 domestic partner or spouse)’’ after ‘‘hus- 10 band or wife’’. 11 SEC. 607. LUMP-SUM PAYMENT. 12 Section 8135 is amended— 13 (1) in subsection (a), by inserting ‘‘(or sur- 14 viving partner)’’ after ‘‘widow or widower’’; and 15 (2) by striking subsection (b) and inserting the 16 following: 17 ‘‘(b) A widow or widower on remarriage (or on entry 18 into a domestic partnership) before reaching age 55 (or 19 a surviving partner on entry into a subsequent domestic 20 partnership or on marriage before age 55) who is entitled 21 to compensation under section 8133 of this title, shall be 22 paid a lump sum equal to 24 times the monthly compensa- 23 tion payment (excluding compensation on account of an- 24 other individual) to which that individual was entitled im- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 101 •S 1529 IS mediately before the remarriage (or entry into a domestic 1 partnership) (or, in the case of a surviving partner, imme- 2 diately before entry into the subsequent domestic partner- 3 ship or the marriage).’’. 4 SEC. 608. EMPLOYEES OF NONAPPROPRIATED FUND IN- 5 STRUMENTALITIES. 6 (a) IN GENERAL.—Section 8171 is amended by add- 7 ing at the end the following: 8 ‘‘(e)(1) For the purpose of this section— 9 ‘‘(A) the term ‘covered state’ means a State, 10 foreign country, or political subdivision of a foreign 11 country in which a marriage between 2 individuals 12 of the same sex is recognized under the law of that 13 State, country, or political subdivision; 14 ‘‘(B) the term ‘domestic partner’ means an in- 15 dividual who is in a domestic partnership with an- 16 other individual, as determined by the Secretary of 17 Labor for purposes of this subchapter under regula- 18 tions issued by the Secretary, in consultation with 19 the Director of the Office of Personnel Manage- 20 ment— 21 ‘‘(i) who are of the same sex; 22 ‘‘(ii) not less than 1 of whom is an em- 23 ployee or an individual otherwise eligible for 24 coverage under this subchapter (or any applica- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 102 •S 1529 IS tion or extension thereof) based on such individ- 1 ual’s employment or other service; 2 ‘‘(iii)(I) who are in a committed domestic- 3 partnership relationship with each other satis- 4 fying the conditions in subclauses (II), (III), 5 and (IV) and intend to remain so indefinitely; 6 ‘‘(II) who have a common residence and 7 intend to continue to do so (or would have a 8 common residence, but are prevented from 9 doing so because of such reasons as an assign- 10 ment abroad or other employment-related fac- 11 tors, financial considerations, family responsibil- 12 ities or other such reasons); 13 ‘‘(III) who share responsibility for a sig- 14 nificant measure of each other’s welfare and fi- 15 nancial obligations; and 16 ‘‘(IV) neither of whom is married to or in 17 a domestic partnership with anyone except each 18 other; 19 ‘‘(iv) who are not less than 18 years of age 20 and mentally competent to consent to a con- 21 tract; 22 ‘‘(v) who are not related to each other by 23 blood in a way that would prohibit legal mar- 24 riage between individuals otherwise eligible to 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 103 •S 1529 IS marry in the jurisdiction (or, if applicable, in 1 any jurisdiction) in which the individuals have 2 a common residence; and 3 ‘‘(vi) on the date of the death or injury of 4 the employee or individual otherwise eligible for 5 coverage under this subchapter (or any applica- 6 tion or extension thereof) or, for the purpose of 7 applying section 31(b)(2)(C) of the Longshore 8 and Harbor Workers’ Compensation Act under 9 this subchapter, the date of the representation, 10 neither of whom has resided in a covered state 11 for more than 6 months; 12 ‘‘(C) the term ‘State’ means each of the several 13 States, the District of Columbia, the Commonwealth 14 of Puerto Rico, or any other territory or possession 15 of the United States; and 16 ‘‘(D) the term ‘surviving partner’ means the de- 17 cedent’s domestic partner at the time of his or her 18 death. 19 ‘‘(2) In the application of the Longshore and Harbor 20 Workers’ Compensation Act under this subchapter— 21 ‘‘(A) section 2(14) of that Act shall apply as 22 though— 23 ‘‘(i) ‘(or child of the domestic partner of 24 an employee or volunteer referred to in section 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 104 •S 1529 IS 8171(a) of title 5, United States Code)’ were 1 inserted after ‘stepchild’; and 2 ‘‘(ii) ‘(or children in domestic partner- 3 ships)’ were inserted after ‘married children’ 4 and ‘(or brothers or sisters in domestic partner- 5 ships)’ were inserted after ‘married sisters’; 6 ‘‘(B) in section 8(d)(1) of that Act— 7 ‘‘(i) subparagraphs (A), (C), and (D) shall 8 apply as though ‘(or surviving partner)’ were 9 inserted after ‘widow or widower’ each place it 10 appears; and 11 ‘‘(ii) subparagraph (D) shall apply as 12 though ‘wife, husband,’ were struck and ‘wife or 13 husband (or domestic partner)’ were inserted; 14 and 15 ‘‘(C) in section 9 of that Act— 16 ‘‘(i) subsection (b) shall apply as though 17 the portion of the first sentence up to and in- 18 cluding the sixth comma reads as follows: ‘If 19 there be a widow or widower (or surviving part- 20 ner) and no child of the deceased, to such 21 widow or widower (or surviving partner) 50 per 22 centum of the average wages of the deceased, 23 during widowhood, or dependent widowerhood 24 (or during the life of the surviving partner, as 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 105 •S 1529 IS the case may be), with 2 years’ compensation in 1 1 sum upon remarriage (or entry into a domes- 2 tic partnership) of such widow or widower (or 3 entry into another domestic partnership or mar- 4 riage of such surviving partner); and if there be 5 a surviving child or children of the deceased, 6 the additional amount of 162⁄3 per centum of 7 such wages for each such child; in case of the 8 death or remarriage (or entry into a domestic 9 partnership) of such widow or widower (or 10 entry into another domestic partnership or a 11 marriage of such surviving partner)’; 12 ‘‘(ii) subsection (c) shall apply as though 13 the portion of the subsection up to and includ- 14 ing the fourth comma reads as follows: ‘If there 15 be 1 surviving child of the deceased, but no 16 widow or widower (or surviving partner), then 17 for the support of such child 50 per centum of 18 the wages of the deceased; and if there be more 19 than 1 surviving child of the deceased, but no 20 widow or dependent husband (or surviving part- 21 ner),’; 22 ‘‘(iii) subsection (d) shall apply as 23 though— 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 106 •S 1529 IS ‘‘(I) the portion of the first sentence 1 up through the word ‘children’ reads as 2 follows: ‘If there be no surviving wife or 3 husband (or surviving domestic partner) or 4 child, or if the amount payable to a sur- 5 viving wife or husband (or surviving do- 6 mestic partner) and to children’; and 7 ‘‘(II) the second sentence reads as fol- 8 lows: ‘But in no case shall the aggregate 9 amount payable under this subsection ex- 10 ceed the difference between 662⁄3 per cen- 11 tum of such wages and the amount payable 12 as hereinbefore provided to widow or wid- 13 ower (or surviving partner) and for the 14 support of surviving child or children.’; 15 ‘‘(iv) subsection (g) shall apply as though 16 the term ‘(or surviving domestic partner)’ were 17 inserted after ‘surviving wife’ each place it ap- 18 pears; and 19 ‘‘(v) section 31(b)(2)(C) shall apply as 20 though the term ‘(or domestic partner)’ were 21 inserted after ‘spouse’.’’. 22 (b) EXCLUSIVE LIABILITY.—Section 8173 is amend- 23 ed by striking ‘‘spouse,’’ and inserting ‘‘spouse (or domes- 24 tic partner),’’. 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 107 •S 1529 IS SEC. 609. EFFECTIVE DATE. 1 (a) IN GENERAL.—Subject to succeeding provisions 2 of this section, this title and the amendments made by 3 this title— 4 (1) shall take effect on the date of enactment 5 of this Act; and 6 (2) shall apply with respect to any injury or 7 death occurring before, on, or after such date of en- 8 actment. 9 (b) TIMELY CLAIM REQUIRED; LIMITATION ON PAY- 10 MENTS.—No compensation shall be payable, by virtue of 11 the enactment of this title— 12 (1) unless timely claim therefor is filed in ac- 13 cordance with the provisions of section 8122 or 8193 14 of title 5, United States Code (as applicable), and 15 subsection (c); or 16 (2) with respect to any period commencing be- 17 fore the date of enactment of this Act. 18 (c) ALLOWABILITY OF CLAIMS.—In the case of an 19 original claim for compensation for a disability or death 20 that occurred before the date of enactment of this Act 21 (and which would not otherwise be payable, but for the 22 enactment of the amendments made by this title)— 23 (1) such claim shall not be allowed if, as of 24 such date of enactment, a claim based on such dis- 25 ability or death would no longer be timely (deter- 26 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 108 •S 1529 IS mined in accordance with such section 8122 or 8193 1 (as applicable), before the application of paragraph 2 (2)); and 3 (2) the timeliness of any such claim, if not pre- 4 cluded by paragraph (1), shall be determined— 5 (A) by applying the provisions of such sec- 6 tion 8122 or 8193 (as applicable); and 7 (B) as if the time limitations of such sec- 8 tion 8122 or 8193 (as applicable) did not begin 9 to run until the date on which the provisions of 10 section 2502(a) of title 5, United States Code 11 (as added by section 101 of this Act) become 12 effective. 13 (d) PAYMENTS FOR PRIOR PERIODS NOT AF- 14 FECTED.—No recovery shall be made of compensation 15 paid to any individual whose entitlement to compensation 16 is terminated or reduced as a result of the enactment of 17 this title. 18 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 109 •S 1529 IS TITLE VII—EMPLOYEE LEAVE; 1 DEATH OR CAPTIVITY COM- 2 PENSATION; OTHER EM- 3 PLOYEE BENEFITS 4 SEC. 701. VOLUNTARY TRANSFERS OF LEAVE; VOLUNTARY 5 LEAVE BANK PROGRAM. 6 (a) VOLUNTARY TRANSFERS OF LEAVE.—Section 7 6333 is amended by adding at the end the following: 8 ‘‘(d) Regulations to carry out this section shall in- 9 clude provisions to ensure that, in the administration of 10 this section, a domestic partner (as that term is defined 11 in section 2501) shall be afforded the same status as a 12 spouse.’’. 13 (b) VOLUNTARY LEAVE BANK PROGRAM.—Section 14 6362 is amended— 15 (1) by inserting ‘‘(a)’’ before ‘‘Notwith- 16 standing’’; and 17 (2) by adding at the end the following: 18 ‘‘(b) The established program under this section shall 19 include provisions to ensure that, in the administration of 20 this section, a domestic partner (as that term is defined 21 in section 2501) shall be afforded the same status as a 22 spouse.’’. 23 SEC. 702. FAMILY AND MEDICAL LEAVE. 24 (a) IN GENERAL.— 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 110 •S 1529 IS (1) DEFINITION.—Section 6381 is amended— 1 (A) in paragraph (6), in the matter before 2 subparagraph (A), by striking ‘‘parentis,’’ and 3 inserting ‘‘parentis (or a biological, adopted, or 4 foster child of the domestic partner of the em- 5 ployee),’’; 6 (B) in paragraph (11), by striking ‘‘and’’ 7 at the end; 8 (C) in paragraph (12), by striking the pe- 9 riod at the end and inserting ‘‘; and’’; and 10 (D) by adding after paragraph (12) the 11 following: 12 ‘‘(13) the term ‘domestic partner’ has the 13 meaning given under section 2501.’’. 14 (2) LEAVE REQUIREMENT.—Section 6382 is 15 amended by striking ‘‘spouse,’’ each place that term 16 appears and inserting ‘‘spouse (or domestic part- 17 ner),’’. 18 (3) CERTIFICATION.—Section 6383 is amended 19 in subsections (a) and (b)(4)(A) by striking 20 ‘‘spouse,’’ each place it appears and inserting 21 ‘‘spouse (or domestic partner),’’. 22 (b) CONGRESSIONAL ACCOUNTABILITY.—Section 202 23 of the Congressional Accountability Act of 1995 (2 U.S.C. 24 1312) is amended by adding at the end the following: 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 111 •S 1529 IS ‘‘(f) COVERAGE OF EMPLOYEES WITH DOMESTIC 1 PARTNERS.— 2 ‘‘(1) DEFINITION OF DOMESTIC PARTNER.—In 3 this subsection, the term ‘domestic partner’ has the 4 meaning given under section 2501 of title 5, United 5 States Code. 6 ‘‘(2) APPLICATION TO COVERED EMPLOYEES.— 7 In the application of the Family and Medical Leave 8 Act of 1993 (29 U.S.C. 2601 et seq.) under sub- 9 section (a)(1) as to a covered employee who has a 10 domestic partner— 11 ‘‘(A) sections 102 through 105 of that Act 12 shall apply as though ‘domestic partner’ were 13 inserted after ‘spouse’ each place it appears in 14 those sections; 15 ‘‘(B) section 101(12) of that Act shall 16 apply as though a child of the domestic partner 17 of a covered employee, which child meets the 18 conditions of subparagraphs (A) and (B) of 19 that section, were included in the term ‘son or 20 daughter’ as defined in that section; and 21 ‘‘(C) if the covered employee and the do- 22 mestic partner of the covered employee are em- 23 ployed by the same employing office, the limit 24 on the aggregate number of workweeks of leave 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 112 •S 1529 IS to which both may be entitled, as stated in sec- 1 tion 102(f) of that Act, shall apply. 2 ‘‘(3) APPLICATION TO EMPLOYEES OF THE 3 GOVERNMENT ACCOUNTABILITY OFFICE.—In the ap- 4 plication of the Family and Medical Leave Act of 5 1993 (29 U.S.C. 2601 et seq.) as to an employee of 6 the Government Accountability Office who has a do- 7 mestic partner— 8 ‘‘(A) sections 102 through 105 of that Act 9 shall apply as though ‘domestic partner’ were 10 inserted after ‘spouse’ each place it appears in 11 those sections; 12 ‘‘(B) section 101(12) of that Act shall 13 apply as though a child of the domestic partner 14 of the employee, which child meets the condi- 15 tions of subparagraphs (A) and (B) of that sec- 16 tion, were included in the term ‘son or daugh- 17 ter’ as defined in that section; and 18 ‘‘(C) in any case in which the employee 19 and the domestic partner of the employee are 20 both employed by the Government Account- 21 ability Office, the limit on the aggregate num- 22 ber of workweeks of leave to which both may be 23 entitled, as stated in section 102(f) of that Act, 24 shall apply.’’. 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 113 •S 1529 IS (c) PRESIDENTIAL AND EXECUTIVE OFFICE AC- 1 COUNTABILITY.—Section 412 of title 3, United States 2 Code, is amended by adding at the end the following: 3 ‘‘(e) COVERAGE OF EMPLOYEES WITH DOMESTIC 4 PARTNERS.— 5 ‘‘(1) DEFINITION OF DOMESTIC PARTNER.—In 6 this subsection, the term ‘domestic partner’ has the 7 meaning given under section 2501 of title 5. 8 ‘‘(2) APPLICATION TO COVERED EMPLOYEES.— 9 In the application of the Family and Medical Leave 10 Act of 1993 (29 U.S.C. 2601 et seq.) under sub- 11 section (a)(1) as to a covered employee who has a 12 domestic partner— 13 ‘‘(A) sections 102 through 105 of that Act 14 shall apply as though ‘domestic partner’ were 15 inserted after ‘spouse’ each place it appears in 16 those sections; 17 ‘‘(B) section 101(12) of that Act shall 18 apply as though a child of the domestic partner 19 of a covered employee, which child meets the 20 conditions of subparagraphs (A) and (B) of 21 that section, were included in the term ‘son or 22 daughter’ as defined in that section; and 23 ‘‘(C) if the covered employee and the do- 24 mestic partner of the covered employee are em- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 114 •S 1529 IS ployed by the same employing office, the limit 1 on the aggregate number of workweeks of leave 2 to which both may be entitled, as stated in sec- 3 tion 102(f) of that Act, shall apply.’’. 4 SEC. 703. SETTLEMENT OF ACCOUNTS. 5 Section 5582(b) is amended by inserting ‘‘(or sur- 6 viving domestic partner (as defined under section 2501))’’ 7 after ‘‘widow or widower’’. 8 SEC. 704. PAYMENTS TO MISSING EMPLOYEES. 9 (a) DEFINITIONS.—Section 5561 is amended— 10 (1) in paragraph (3)— 11 (A) in subparagraph (A), by striking 12 ‘‘wife’’ and inserting ‘‘spouse (or domestic part- 13 ner)’’; and 14 (B) by striking subparagraph (B) and in- 15 serting— 16 ‘‘(B) a child, including a dependent adopt- 17 ed child (or a dependent child of a domestic 18 partner not adopted by or otherwise the child of 19 the employee), who is— 20 ‘‘(i) unmarried (and not in a domestic 21 partnership); and 22 ‘‘(ii) under 21 years of age;’’; 23 (2) in paragraph (5)(E), by striking ‘‘and’’ at 24 the end; 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 115 •S 1529 IS (3) in paragraph (6)(F), by striking the period 1 at the end and inserting ‘‘; and’’; and 2 (4) by adding at the end the following: 3 ‘‘(7) ‘domestic partner’ and ‘domestic partner- 4 ship’ have the meanings given under section 2501.’’. 5 (b) BENEFITS FOR CAPTIVES.—Section 5569 is 6 amended by inserting ‘‘(or domestic partner)’’ after 7 ‘‘spouse’’ each place it appears. 8 SEC. 705. ANNUITY OF THE COMPTROLLER GENERAL. 9 (a) DEFINITIONS.—Section 771 of title 31, United 10 States Code, is amended— 11 (1) in the matter preceding paragraph (1), by 12 striking ‘‘subchapter—’’ and inserting ‘‘sub- 13 chapter:’’; 14 (2) in paragraph (1)— 15 (A) by inserting ‘‘The term’’ after ‘‘(1)’’; 16 and 17 (B) by inserting ‘‘(or the child of a report- 18 ing Comptroller General’s domestic partner not 19 adopted by or otherwise the child of the Comp- 20 troller General)’’ after ‘‘including a stepchild’’; 21 and 22 (3) by striking paragraphs (2) and (3) and in- 23 serting the following: 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 116 •S 1529 IS ‘‘(2) The terms ‘domestic partner’ and ‘domes- 1 tic partnership’ have the meanings given under sec- 2 tion 2501 of title 5. 3 ‘‘(3) The term ‘surviving spouse’ means a sur- 4 viving spouse of an individual who was a Comp- 5 troller General or retired Comptroller General and 6 the spouse— 7 ‘‘(A) was married to the individual for not 8 less than 1 year immediately before the indi- 9 vidual died; 10 ‘‘(B) was married to the individual imme- 11 diately before the individual died, was in a do- 12 mestic partnership with the individual imme- 13 diately before the marriage to such individual, 14 and the combined duration of the domestic 15 partnership and marriage was not less than 1 16 year; or 17 ‘‘(C) has not remarried (or entered into a 18 domestic partnership) before age 55 and is the 19 parent of issue by the marriage. 20 ‘‘(4) The term ‘surviving partner’ means a sur- 21 viving domestic partner of an individual who was a 22 Comptroller General or retired Comptroller General 23 and the domestic partner— 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 117 •S 1529 IS ‘‘(A) was in a domestic partnership for not 1 less than 1 year immediately before the indi- 2 vidual died; 3 ‘‘(B)(i) has not entered into a subsequent 4 domestic partnership or married before age 55; 5 and 6 ‘‘(ii) satisfies other requirements, related 7 to parenthood and the domestic partnership, 8 prescribed by the Director of the Office of Per- 9 sonnel Management by regulation under sec- 10 tions 8341(3)(b) and 8441(3)(B) of title 5, as 11 determined and applied by the General Counsel 12 of the Government Accountability Office on the 13 basis of those regulations. 14 ‘‘(5) Service as a Comptroller General equals 15 the number of years and complete months an indi- 16 vidual is Comptroller General.’’. 17 (b) ELECTION OF SURVIVOR BENEFITS.—Section 18 773 of title 31, United States Code, is amended— 19 (1) in subsection (b)(2)(B), by inserting ‘‘(or 20 domestic partner’s)’’ after ‘‘surviving spouse’s’’; 21 (2) in subsection (c), by inserting ‘‘(or surviving 22 domestic partner)’’ after ‘‘surviving spouse’’; and 23 (3) in subsection (d), by inserting ‘‘(or domestic 24 partner)’’ before the period. 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 118 •S 1529 IS (c) SURVIVOR ANNUITIES.—Section 774 of title 31, 1 United States Code, is amended— 2 (1) in subsection (c)— 3 (A) by striking paragraph (1) and insert- 4 ing the following: 5 ‘‘(1) only by a spouse (or domestic partner), the 6 surviving spouse (or surviving domestic partner) 7 shall receive an annuity computed under subsection 8 (d) of this section beginning on the death of the 9 Comptroller General or retired Comptroller General 10 or when the spouse (or domestic partner) is 50 years 11 of age, whichever is later;’’; 12 (B) in paragraph (2), by striking ‘‘by a 13 spouse and a dependent child, the surviving 14 spouse’’ and inserting ‘‘by a spouse (or domes- 15 tic partner) and a dependent child, the sur- 16 viving spouse (or surviving domestic partner)’’; 17 and 18 (C) in paragraph (3)(A), by inserting ‘‘(or 19 surviving domestic partner)’’ after ‘‘surviving 20 spouse’’; 21 (2) in subsection (d), by inserting ‘‘(or sur- 22 viving domestic partner)’’ after ‘‘surviving spouse’’; 23 and 24 (3) in subsection (e)— 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 119 •S 1529 IS (A) by inserting ‘‘(or surviving domestic 1 partner’s)’’ after ‘‘A surviving spouse’s’’; 2 (B) by inserting ‘‘(or surviving domestic 3 partner’s)’’ after ‘‘a surviving spouse’s’’; and 4 (C) by inserting ‘‘(or domestic partner)’’ 5 after ‘‘unless the spouse’’. 6 (d) REFUNDS.—Section 775 of title 31, United 7 States Code, is amended— 8 (1) in subsection (d)(2), by inserting ‘‘(or sur- 9 viving domestic partner)’’ after ‘‘surviving spouse’’; 10 and 11 (2) in subsection (e), by inserting ‘‘(or surviving 12 domestic partner)’’ after ‘‘surviving spouse’’. 13 (e) PAYMENT OF SURVIVOR BENEFITS.—Section 14 776(b) of title 31, United States Code, is amended— 15 (1) in paragraph (1), by striking ‘‘A surviving 16 spouse’s annuity ends when the spouse remarries’’ 17 and inserting ‘‘A surviving spouse’s (or surviving do- 18 mestic partner’s) annuity ends when the spouse re- 19 marries (or enters into a domestic partnership) (or 20 when the surviving domestic partner enters into an- 21 other domestic partnership or marries)’’; 22 (2) in paragraph (2), by striking ‘‘marries, or 23 dies, whichever is earliest. However, if a child is not 24 self-supporting because of a physical or mental dis- 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 120 •S 1529 IS ability, an annuity ends when the child recovers, 1 marries’’ and inserting ‘‘marries (or enters into a 2 domestic partnership), or dies, whichever is earliest. 3 However, if a child is not self-supporting because of 4 a physical or mental disability, an annuity ends 5 when the child recovers, marries (or enters into a 6 domestic partnership)’’; and 7 (3) in paragraph (3), by inserting ‘‘(or sur- 8 viving domestic partner)’’ after ‘‘a surviving 9 spouse’’. 10 (f) ANNUITY INCREASES.—Section 777(b) of title 31, 11 United States Code, is amended by inserting ‘‘(or sur- 12 viving domestic partner’s)’’ after ‘‘A surviving spouse’s’’. 13 TITLE VIII—ETHICS IN GOVERN- 14 MENT, CONFLICTS OF INTER- 15 EST, EMPLOYMENT OF REL- 16 ATIVES, GIFTS, AND EM- 17 PLOYEE CONDUCT 18 SEC. 801. ETHICS IN GOVERNMENT ACT OF 1978. 19 (a) CONTENTS OF REPORTS.—Section 102 of the 20 Ethics in Government Act of 1978 (5 U.S.C. App.) is 21 amended— 22 (1) in subsection (a)— 23 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 121 •S 1529 IS (A) in paragraph (2)(A), by inserting ‘‘(or 1 the domestic partner or a parent, child, or sib- 2 ling of the domestic partner)’’ after ‘‘relative’’; 3 (B) in paragraph (3), by striking ‘‘spouse, 4 or by a parent, brother, sister, or child of the 5 reporting individual or of the reporting individ- 6 ual’s spouse,’’ and inserting ‘‘spouse (or domes- 7 tic partner), or by a parent, brother, sister, or 8 child of the reporting individual or of the re- 9 porting individual’s spouse (or of the reporting 10 individual’s domestic partner),’’; 11 (C) in paragraph (4)— 12 (i) in the matter preceding subpara- 13 graph (A), by striking ‘‘spouse, or a par- 14 ent, brother, sister, or child of the report- 15 ing individual or of the reporting individ- 16 ual’s spouse’’ and inserting ‘‘spouse (or do- 17 mestic partner), or a parent, brother, sis- 18 ter, or child of the reporting individual or 19 of the reporting individual’s spouse (or of 20 the reporting individual’s domestic part- 21 ner),’’; and 22 (ii) in subparagraph (A), by inserting 23 ‘‘(or domestic partner)’’ after ‘‘spouse’’; 24 and 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 122 •S 1529 IS (D) in paragraph (5), by inserting ‘‘(or do- 1 mestic partner)’’ after ‘‘spouse’’ each place that 2 term appears; 3 (2) in subsection (e)— 4 (A) in paragraph (1)— 5 (i) in the matter preceding subpara- 6 graph (A) and subparagraphs (A), (B), 7 (C), and (D) by inserting ‘‘(or domestic 8 partner)’’ after ‘‘spouse’’ each place that 9 term appears; 10 (ii) in subparagraph (E), by inserting 11 ‘‘(or domestic partner’s)’’ after ‘‘spouse’s’’; 12 (iii) in subparagraph (F)— 13 (I) by inserting ‘‘(and domestic 14 partners)’’ after ‘‘spouses’’; and 15 (II) by inserting ‘‘(or domestic 16 partner)’’ after ‘‘spouse’’; and 17 (iv) in the matter following subpara- 18 graph (F), by inserting ‘‘(or domestic part- 19 ner)’’ after ‘‘spouse’’; and 20 (B) in paragraph (2), by inserting ‘‘(or the 21 termination of the reporting individual’s domes- 22 tic partnership)’’ after ‘‘his spouse’’; and 23 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 123 •S 1529 IS (3) in subsection (f), by inserting ‘‘(or domestic 1 partner)’’ after ‘‘spouse’’ each place that term ap- 2 pears. 3 (b) DEFINITIONS RELATING TO FINANCIAL DISCLO- 4 SURE.— 5 (1) IN GENERAL.—Section 109 of the Ethics in 6 Government Act of 1978 (5 U.S.C. App.) is amend- 7 ed— 8 (A) in paragraph (2)— 9 (i) in the matter preceding subpara- 10 graph (A), by inserting ‘‘(or who is a son 11 or daughter of the reporting individual’s 12 domestic partner)’’ after ‘‘stepdaughter’’; 13 (ii) in subparagraph (A), by striking 14 ‘‘unmarried’’ and inserting ‘‘not married 15 (and not in a domestic partnership)’’; and 16 (iii) in subparagraph (B), by inserting 17 ‘‘(or, in the case of a son or daughter of 18 the reporting individual’s domestic partner, 19 would be a dependent within the meaning 20 of such section if the requirements of sub- 21 sections (c)(1)(A) and (d)(1)(A) of such 22 section were disregarded)’’ before the semi- 23 colon; 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 124 •S 1529 IS (B) by redesignating paragraphs (4) 1 through (19) as paragraphs (5) through (20), 2 respectively; and 3 (C) by inserting after paragraph (3) the 4 following: 5 ‘‘(4) ‘domestic partner’ and ‘domestic partner- 6 ship’ have the meanings given under section 2501 of 7 title 5, United States Code.’’. 8 (2) TECHNICAL AND CONFORMING AMEND- 9 MENTS.— 10 (A) ETHICS IN GOVERNMENT ACT OF 11 1978.—The Ethics in Government Act of 1978 12 (5 U.S.C. App.) is amended— 13 (i) in section 101(f)— 14 (I) in paragraph (9), by striking 15 ‘‘section 109(12)’’ and inserting ‘‘sec- 16 tion 109(13)’’; 17 (II) in paragraph (10), by strik- 18 ing ‘‘section 109(13)’’ and inserting 19 ‘‘section 109(14)’’; 20 (III) in paragraph (11), by strik- 21 ing ‘‘section 109(10)’’ and inserting 22 ‘‘section 109(11)’’; and 23 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 125 •S 1529 IS (IV) in paragraph (12), by strik- 1 ing ‘‘section 109(8)’’ and inserting 2 ‘‘section 109(9)’’; and 3 (ii) in section 105(b)(3)(A), by strik- 4 ing ‘‘section 109(8) or 109(10)’’ and in- 5 serting ‘‘section 109(9) or (11)’’. 6 (B) OTHER PROVISIONS.— 7 (i) LOBBYING DISCLOSURE ACT OF 8 1995.—Section 3(4)(D) of the Lobbying 9 Disclosure Act of 1995 (2 U.S.C. 10 1602(4)(D)) is amended by striking ‘‘sec- 11 tion 109(13)’’ and inserting ‘‘section 12 109(14)’’. 13 (ii) PUBLIC HEALTH SERVICE ACT.— 14 Section 499(j)(2) of the Public Health 15 Service Act (42 U.S.C. 290b(j)(2)) is 16 amended by striking ‘‘section 109(16)’’ 17 and inserting ‘‘section 109(17)’’. 18 (c) OUTSIDE EARNED INCOME LIMITATION.—Sec- 19 tion 501(c) of the Ethics in Government Act of 1978 (5 20 U.S.C. App.) is amended by striking ‘‘spouse, child, or de- 21 pendent relative of such individual’’ and inserting ‘‘spouse 22 (or domestic partner), child, or dependent relative of such 23 individual (or child, sibling, or parent of such individual’s 24 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 126 •S 1529 IS domestic partner, which child, sibling, or parent is a de- 1 pendent of such individual)’’. 2 (d) DEFINITIONS RELATING TO OUTSIDE EARNED 3 INCOME AND EMPLOYMENT.—Section 505 of the Ethics 4 in Government Act of 1978 (5 U.S.C. App.) is amended— 5 (1) in paragraph (3), by inserting ‘‘(or the indi- 6 vidual’s domestic partner, or a parent, child, or sib- 7 ling of the individual’s domestic partner)’’ after ‘‘rel- 8 ative’’; and 9 (2) in paragraph (4), by inserting ‘‘(or the do- 10 mestic partner, or a parent, child, or sibling of the 11 domestic partner)’’ after ‘‘relative’’. 12 SEC. 802. CONFLICTS OF INTEREST. 13 (a) COMPENSATION TO MEMBERS OF CONGRESS, OF- 14 FICERS, AND OTHERS IN MATTERS AFFECTING THE GOV- 15 ERNMENT.—Section 203(d) of title 18, United States 16 Code, is amended in the matter preceding paragraph (1) 17 by inserting ‘‘(or domestic partner, as that term is defined 18 in section 2501 of title 5)’’ after ‘‘spouse’’. 19 (b) ACTIVITIES OF OFFICERS AND EMPLOYEES IN 20 CLAIMS AGAINST AND OTHER MATTERS AFFECTING THE 21 GOVERNMENT.—Section 205(e) of title 18, United States 22 Code, is amended in the matter preceding paragraph (1) 23 by inserting ‘‘(or domestic partner, as that term is defined 24 in section 2501 of title 5)’’ after ‘‘spouse’’. 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 127 •S 1529 IS (c) ACTS AFFECTING A PERSONAL FINANCIAL IN- 1 TEREST.—Section 208(a) of title 18, United States Code, 2 is amended by inserting ‘‘(or domestic partner, as that 3 term is defined in section 2501 of title 5)’’ after ‘‘spouse’’. 4 SEC. 803. EMPLOYMENT OF RELATIVES, RESTRICTIONS. 5 Section 3110 is amended— 6 (1) in subsection (a)— 7 (A) in paragraph (2), by striking ‘‘and’’ at 8 the end; 9 (B) in paragraph (3), by striking the pe- 10 riod and inserting ‘‘; and’’; and 11 (C) by adding at the end the following: 12 ‘‘(4) ‘domestic partner’ has the meaning given 13 under section 2501.’’; and 14 (2) in subsection (b), by inserting ‘‘The restric- 15 tions in this subsection shall apply also to a public 16 official with respect to any individual, and to any in- 17 dividual with respect to a public official, if the indi- 18 vidual is the public official’s domestic partner; is a 19 parent, child, or sibling of the public official’s do- 20 mestic partner; or is the domestic partner of a child, 21 parent, or sibling of the public official.’’ at the end. 22 SEC. 804. RECEIPT AND DISPOSITION OF FOREIGN GIFTS 23 AND DECORATIONS. 24 Section 7342(a)(1) is amended— 25 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 128 •S 1529 IS (1) in paragraph (1)(G), by inserting ‘‘(or do- 1 mestic partner)’’ after ‘‘spouse’’ each place it ap- 2 pears; 3 (2) in paragraph (5), by striking ‘‘and’’ at the 4 end; 5 (3) in paragraph (6), by striking the period at 6 the end and inserting ‘‘; and’’; and 7 (4) by adding at the end the following: 8 ‘‘(7) ‘domestic partner’ has the same meaning 9 given under section 2501.’’. 10 SEC. 805. REGULATION OF CONDUCT; GIFTS. 11 (a) IN GENERAL.—Regulations under section 7301 12 of title 5, United States Code, shall be modified by the 13 President, and regulations under sections 7351 and 7353 14 of that title shall be modified by the Office of Government 15 Ethics, so as to provide that any benefits and obligations 16 applicable to married employees and their spouses shall 17 also apply to employees in domestic partnerships and their 18 domestic partners. 19 (b) DEFINITION.—In this section, the term ‘‘domestic 20 partner’’ has the meaning given under section 2501 of title 21 5, United States Code. 22 VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS 129 •S 1529 IS SEC. 806. ACCEPTANCE OF TRAVEL ASSISTANCE FROM 1 NON-FEDERAL SOURCES. 2 Section 1353(a) of title 31, United States Code, is 3 amended by inserting ‘‘(or domestic partner (as defined 4 under section 2501 of title 5))’’ after ‘‘spouse’’. 5 Æ VerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6301 E:\BILLS\S1529.IS S1529 tjames on DSK6SPTVN1PROD with BILLS