Text of US SB 1910 (2012)

II 112TH CONGRESS 1ST SESSION S. 1910 To provide benefits to domestic partners of Federal employees. IN THE SENATE OF THE UNITED STATES NOVEMBER 18, 2011 Mr. LIEBERMAN (for himself 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 2011’’. 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 2 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 3 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 4 •S 1910 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. Compensation for disability or death. Sec. 706. 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 5 •S 1910 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 ‘Director’ means the Director of 12 the Office of Personnel Management; 13 ‘‘(3) the term ‘domestic partner’ means either 14 of the individuals in a domestic partnership; 15 ‘‘(4) the term ‘domestic partnership’ means a 16 relationship between 2 individuals of the same sex, 17 at least 1 of whom is an employee, former employee, 18 or annuitant, that has been established under sec- 19 tion 2502(a) and not terminated under section 20 2502(b); and 21 ‘‘(5) the term ‘employee’ means— 22 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 6 •S 1910 IS ‘‘(A) an employee as defined under section 1 2105, including an employee referred to in sub- 2 section (c) or (e) of that section; 3 ‘‘(B) a Member of Congress; 4 ‘‘(C) the President; 5 ‘‘(D) an individual who is an employee, as 6 defined under section 8331, 8401, 8701, 8901, 7 or 9001; or 8 ‘‘(E) any other individual who is employed 9 by the Government and is included within this 10 definition under regulations prescribed by the 11 President or a designee of the President. 12 ‘‘§ 2502. Establishment and termination of domestic 13 partnerships 14 ‘‘(a) ESTABLISHMENT OF DOMESTIC PARTNER- 15 SHIP.— 16 ‘‘(1) An employee, former employee, or annu- 17 itant and another individual (who may also be an 18 employee, former employee, or annuitant) may es- 19 tablish a domestic partnership as provided in this 20 section for the purposes of the provisions of law to 21 which this chapter applies. 22 ‘‘(2) To establish a domestic partnership, the 2 23 individuals referred to in paragraph (1) shall jointly 24 execute, and the employee, former employee, or an- 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 7 •S 1910 IS nuitant shall file, an affidavit in such form and filed 1 in such manner as the Director shall by regulation 2 prescribe. 3 ‘‘(3) By the affidavit referred to in paragraph 4 (2), each of the individuals shall attest to the fol- 5 lowing: 6 ‘‘(A)(i) The individuals are of the same 7 sex; and 8 ‘‘(ii) the individual who files the affidavit is 9 an employee, former employee, or annuitant. 10 ‘‘(B)(i) The individuals are in a committed 11 domestic-partnership relationship with each 12 other satisfying the conditions in clauses (ii), 13 (iii), and (iv) and intend to remain so indefi- 14 nitely. 15 ‘‘(ii) The individuals have a common resi- 16 dence and intend to continue to do so (or would 17 have a common residence, but are prevented 18 from doing so because of an assignment abroad 19 or other employment-related factors, financial 20 considerations, family responsibilities, or other 21 similar reason (which shall be specifically iden- 22 tified in the affidavit)). 23 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 8 •S 1910 IS ‘‘(iii) The individuals share responsibility 1 for a significant measure of each other’s welfare 2 and financial obligations. 3 ‘‘(iv) Neither individual is married to or in 4 a domestic partnership with anyone except each 5 other. 6 ‘‘(C) Each individual is at least 18 years 7 of age and mentally competent to consent to a 8 contract. 9 ‘‘(D) The individuals are not related to 10 each other by blood in a way that would pro- 11 hibit legal marriage between individuals other- 12 wise eligible to marry in the jurisdiction (or, if 13 applicable, in any jurisdiction) in which the in- 14 dividuals have a common residence. 15 ‘‘(E) Each of the individuals understands 16 that— 17 ‘‘(i) as a domestic partner, each indi- 18 vidual not only gains certain benefits, but 19 also assumes certain obligations, as set 20 forth in the provision of law to which this 21 chapter applies, the violation of which may 22 lead to disciplinary action against an em- 23 ployee and to criminal and other penalties; 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 9 •S 1910 IS ‘‘(ii) either or both of the domestic 1 partners are required to file notification 2 under subsection (b)(2) terminating the 3 domestic partnership within 30 days after 4 any condition under clause (ii), (iii), or (iv) 5 of subparagraph (B) ceases to be satisfied, 6 and, if 1 domestic partner dies, the other 7 is required to file a notification under sub- 8 section (b)(3) within 30 days after the 9 death; and 10 ‘‘(iii) willful falsification of informa- 11 tion in the affidavit, or willful failure to 12 file notification as required under sub- 13 section (b)(2) or (3), may lead to recovery 14 of amounts obtained as a result of such 15 falsification or failure, disciplinary action 16 against an employee, and criminal or other 17 penalties. 18 ‘‘(b) TERMINATION OF DOMESTIC PARTNERSHIP.— 19 ‘‘(1) A domestic partnership is terminated 20 upon— 21 ‘‘(A) the death of either domestic partner; 22 ‘‘(B) the filing of a notification under 23 paragraph (2) by either or both domestic part- 24 ners; or 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 10 •S 1910 IS ‘‘(C) the satisfaction of such other condi- 1 tions as the Director may by regulation pre- 2 scribe. 3 ‘‘(2)(A) If any condition referred to under 4 clause (ii), (iii), or (iv) of subsection (a)(3)(B) 5 ceases to be satisfied, either or both of the domestic 6 partners shall, within 30 days after the condition 7 ceases to be satisfied, execute and file a notification, 8 in such form and in such manner as prescribed by 9 the Director in regulation, stating that the condition 10 is no longer satisfied and that the domestic partner- 11 ship is terminated. 12 ‘‘(B) Each domestic partner has a duty that the 13 notification under subparagraph (A) be timely filed, 14 but the duty of 1 domestic partner shall be satisfied 15 if the other domestic partner timely executes and 16 files the required notification. 17 ‘‘(C) The Director shall promulgate regulations 18 establishing the criteria for determining when any 19 condition referred to under clause (ii), (iii), or (iv) 20 of subsection (a)(2)(B) ceases to be satisfied. 21 ‘‘(3) When one domestic partner dies, the other 22 domestic partner shall, within 30 days after the 23 death, execute and file a notification of the death, in 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 11 •S 1910 IS such form and in such manner as prescribed by the 1 Director in regulation. 2 ‘‘(c) EFFECTIVENESS OF THE FILING OF AN AFFI- 3 DAVIT.— 4 ‘‘(1) The filing of an affidavit under subsection 5 (a)(2) shall not be effective for purposes of this sec- 6 tion unless the filing individual is an employee, 7 former employee, or annuitant as of the time of the 8 filing. 9 ‘‘(2) No individual shall, for purposes of the 10 provisions of law to which this chapter applies, be 11 treated as being in a domestic partnership— 12 ‘‘(A) unless an affidavit has been filed in 13 accordance with this section and with regula- 14 tions prescribed by the Director; or 15 ‘‘(B) after the earlier of— 16 ‘‘(i) the date of the death of either in- 17 dividual; or 18 ‘‘(ii) the date as of which the domestic 19 partnership is otherwise terminated, as de- 20 termined under regulations prescribed by 21 the Director. 22 ‘‘(d) ADDITIONAL NOTIFICATIONS TO GOVERNMENT 23 EMPLOYER.—A domestic partner employed by an entity 24 of the United States shall provide such notifications to the 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 12 •S 1910 IS employing entity of the formation, existence, or termi- 1 nation of the domestic partnership, in addition to the fil- 2 ings required under subsections (a) and (b), as may be 3 required, and in such form and in such manner as pre- 4 scribed, by the Director in regulation. 5 ‘‘(e) APPLICABILITY.— 6 ‘‘(1) This section applies for purposes of the 7 provisions of this title (excluding chapter 81). 8 ‘‘(2) Two individuals determined under section 9 8101(21) or 8171(e)(1)(A) to be domestic partners 10 for purposes of chapter 81 shall be deemed to be do- 11 mestic partners in a domestic partnership, as de- 12 fined under section 2501, for purposes of any provi- 13 sion of law. 14 ‘‘(3) Under regulations prescribed by the Presi- 15 dent— 16 ‘‘(A) the Secretary of Labor shall inform 17 the Director of any individual determined under 18 section 8101(21) or 8171(e)(1)(A) to be domes- 19 tic partners; and 20 ‘‘(B) if an individual who is an employee 21 or annuitant is determined under section 22 8101(21) or 8171(e)(1)(A) to be a domestic 23 partner with another individual for purposes of 24 chapter 81, the individual shall promptly estab- 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 13 •S 1910 IS lish a domestic partnership under subsection (a) 1 and shall be subject to the requirements of sub- 2 sections (b), (c), and (d). 3 ‘‘(f) REGULATIONS.—The Director shall issue regula- 4 tions to carry out subsection (a) through (d).’’. 5 (b) TECHNICAL AND CONFORMING AMENDMENT.— 6 The table of chapters for part III of title 5, United States 7 Code, is amended by inserting after the item relating to 8 chapter 23 the following: 9 ‘‘25. Federal Employees in Domestic Partnerships ................................. 2501’’. SEC. 102. GUIDANCE AND EDUCATIONAL MATERIALS. 10 (a) IN GENERAL.—The officers and agencies that 11 have authority to develop and issue guidance and edu- 12 cational materials with respect to benefits and obligations 13 established under the amendments made by this Act and 14 the measures taken under section 103 shall issue the ma- 15 terials— 16 (1) in accordance with subsection (c); and 17 (2) if in the executive branch, under the coordi- 18 nation of the Director of the Office of Personnel 19 Management. 20 (b) OFFICE OF PERSONNEL MANAGEMENT.—The 21 Director of the Office of Personnel Management shall, to 22 the greatest extent practicable— 23 (1) compile the materials referred to under sub- 24 section (a); 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 14 •S 1910 IS (2) prepare and issue guidance and educational 1 materials with respect to benefits and obligations 2 available to domestic partners of certain Secret Serv- 3 ice and Park Police Officers who are covered under 4 the DC Police Officers’ and Firefighters’ Retirement 5 Plan, and include that guidance documentation in 6 the compilation under paragraph (1); and 7 (3) ensure that such materials are readily avail- 8 able to employees and their domestic partners, both 9 in print form and by publicly accessible website. 10 (c) TIMELINESS.—To the maximum extent prac- 11 ticable, the materials shall be— 12 (1) prepared and made readily available not 13 later than 30 days before the effective date of this 14 Act; and 15 (2) updated as necessary. 16 (d) EFFECTIVE DATE.—This section shall take effect 17 on the date of enactment of this Act. 18 SEC. 103. REVIEW OF PROGRAMS UNDER WHICH EMPLOY- 19 MENT BENEFITS AND OBLIGATIONS ARE ES- 20 TABLISHED. 21 (a) DEFINITIONS.—In this section— 22 (1) the term ‘‘benefit’’ includes any right, 23 power, privilege, immunity, or protection, whether 24 substantive, procedural, remedial, or otherwise; 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 15 •S 1910 IS (2) the term ‘‘domestic partner’’ means either 1 of the individuals in a domestic partnership; 2 (3) the term ‘‘domestic partnership’’ means a 3 relationship between 2 individuals— 4 (A) who are of the same sex; 5 (B) at least 1 of whom is an employee; 6 (C)(i) who are in a committed domestic- 7 partnership relationship with each other satis- 8 fying the conditions in clauses (ii), (iii), and (iv) 9 and intend to remain so indefinitely; 10 (ii) who have a common residence and in- 11 tend to continue to do so (or would have a com- 12 mon residence, but are prevented from doing so 13 because of such reasons as an assignment 14 abroad or other employment-related factors, fi- 15 nancial considerations, family responsibilities, 16 or other such reasons); 17 (iii) who share responsibility for a signifi- 18 cant measure of each other’s welfare and finan- 19 cial obligations; and 20 (iv) neither of whom is married to or in a 21 domestic partnership with anyone except each 22 other; 23 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 16 •S 1910 IS (D) each of whom are at least 18 years of 1 age and mentally competent to consent to a 2 contract; and 3 (E) who are not related to each other by 4 blood in a way that would prohibit legal mar- 5 riage between individuals otherwise eligible to 6 marry in the jurisdiction (or, if applicable, in 7 any jurisdiction) in which the individuals have 8 a common residence; and 9 (4) the term ‘‘employee’’ means— 10 (A) an employee as defined under section 11 2501 of title 5, United States Code, as added 12 by section 101 of this Act; 13 (B) a member of the commissioned corps 14 of the Public Health Service or of the commis- 15 sioned corps of the National Oceanic and At- 16 mospheric Administration; or 17 (C) any other individual performing per- 18 sonal service to the Government (including an 19 instrumentality wholly owned by the United 20 States), whether for pay, for nominal pay, or as 21 a volunteer, who is not performing such service 22 as an employee of any employer other than the 23 Government or as a member of the Armed 24 Forces; and 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 17 •S 1910 IS (5) the term ‘‘obligation’’ includes any duty, 1 disability, or liability, whether substantive, proce- 2 dural, remedial, or otherwise. 3 (b) REVIEWS, ADDITIONAL MEASURES, REC- 4 OMMENDATIONS, AND REPORTS TO CONGRESS.—Not later 5 than 180 days after the date of enactment of this Act, 6 and not less frequently than once every 2 years thereafter, 7 the President and designees of the President shall— 8 (1) conduct a review of the employment benefits 9 and of the employment obligations applied to mar- 10 ried employees and their spouses to determine what 11 authority exists for the President and designees of 12 the President to apply such benefits and obligations 13 to employees who have domestic partners and the 14 domestic partners of those employees; 15 (2) include within the review under paragraph 16 (1) all employment benefits and obligations under 17 regulations prescribed by the President or a designee 18 of the President, or promulgated by the head of any 19 agency or department of the executive branch; 20 (3) take any additional measures that can be 21 taken, to the greatest extent practicable and con- 22 sistent with law, to apply such benefits and obliga- 23 tions to employees with domestic partners and the 24 domestic partners of those employees; 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 18 •S 1910 IS (4) develop recommendations for any legislation 1 to further apply such benefits and obligations to em- 2 ployees with domestic partners and the domestic 3 partners of those employees; and 4 (5) submit a report to Congress summarizing 5 the review, determinations, and recommendations 6 under paragraphs (1), (2), (3), and (4). 7 (c) EFFECTIVE DATE.—This section shall take effect 8 on the date of enactment of this Act. 9 SEC. 104. EFFECTIVE DATE. 10 (a) IN GENERAL.—Except as otherwise specifically 11 provided, this Act and amendments made by this Act shall 12 take effect 180 days after the date of enactment of this 13 Act. 14 (b) APPLICATION TO CURRENT AND FUTURE EM- 15 PLOYEES.—An employee, former employee, or annuitant 16 shall be eligible to establish a domestic partnership by fil- 17 ing an affidavit under section 2502(a)(2) of title 5, United 18 States Code, as added by section 101 of this Act, only 19 if the employee, former employee, or annuitant is or has 20 been employed as an employee on or after the effective 21 date of this Act. 22 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 19 •S 1910 IS TITLE II—CIVIL SERVICE 1 RETIREMENT SYSTEM 2 SEC. 201. DEFINITIONS. 3 Section 8331 is amended— 4 (1) in paragraph (30), by striking ‘‘and’’ at the 5 end; 6 (2) in paragraph (31), by striking the period 7 and inserting a semicolon; and 8 (3) by adding at the end the following: 9 ‘‘(32) ‘domestic partner’ and ‘domestic partner- 10 ship’ have the meanings given under section 2501; 11 and 12 ‘‘(33) ‘former domestic partner’ means a former 13 domestic partner of an individual— 14 ‘‘(A) if such individual performed at least 15 18 months of civilian service covered under this 16 subchapter as an employee or Member; and 17 ‘‘(B) if the former domestic partner was in 18 a domestic partnership with such individual for 19 at least 9 months.’’. 20 SEC. 202. CREDITABLE SERVICE. 21 Section 8332 is amended— 22 (1) in subsection (c)(3)(C)(ii), by striking 23 ‘‘former spouse.’’ and inserting ‘‘former spouse (or 24 former domestic partner).’’; and 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 20 •S 1910 IS (2) in paragraphs (4) and (5) of subsection (o), 1 by striking ‘‘spouse’’ each place it appears and in- 2 serting ‘‘spouse (or domestic partner),’’. 3 SEC. 203. COMPUTATION OF ANNUITY. 4 Section 8339 is amended— 5 (1) in subsection (j)— 6 (A) in paragraph (1)— 7 (i) by inserting ‘‘(or domestic part- 8 ner)’’ after ‘‘the spouse’’ each place it ap- 9 pears; 10 (ii) by inserting ‘‘(or has a domestic 11 partner)’’ after ‘‘is married’’; and 12 (iii) by inserting ‘‘(or domestic part- 13 ner’s)’’ after ‘‘the spouse’s’’ each place it 14 appears; 15 (B) in paragraph (2), by inserting ‘‘(or 16 former domestic partner)’’ after ‘‘former 17 spouse’’ each place it appears; 18 (C) in paragraph (3)— 19 (i) in the first sentence— 20 (I) by inserting ‘‘(or former do- 21 mestic partner)’’ after ‘‘former 22 spouse’’ each place it appears; and 23 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 21 •S 1910 IS (II) by inserting ‘‘(or being in a 1 domestic partnership with)’’ after 2 ‘‘based on marriage to’’; 3 (ii) in the second sentence— 4 (I) by inserting ‘‘(or the domestic 5 partnership of the former domestic 6 partner with)’’ after ‘‘the marriage of 7 the former spouse to’’; and 8 (II) by striking ‘‘is dissolved,’’ 9 and inserting ‘‘is dissolved (or termi- 10 nated),’’; 11 (iii) in the sixth sentence, by striking 12 ‘‘former spouse.’’ and inserting ‘‘former 13 spouse (or former domestic partner).’’; 14 (iv) in subparagraph (B)— 15 (I) by striking ‘‘is then married,’’ 16 and inserting ‘‘is then married (or is 17 then in a domestic partnership),’’; and 18 (II) by striking ‘‘the spouse’s 19 written consent.’’ and inserting ‘‘the 20 written consent of the spouse (or do- 21 mestic partner).’’; and 22 (v) by amending the next to last sen- 23 tence to read as follows: ‘‘In the case of a 24 retired employee or Member whose annuity 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 22 •S 1910 IS is being reduced in order to provide a sur- 1 vivor annuity for a former spouse (or 2 former domestic partner), an election to 3 provide or increase a survivor annuity for 4 any other former spouse (or any other 5 former domestic partner), and to continue 6 an appropriate reduction for that purpose, 7 may be made within the same period that, 8 and subject to the same conditions under 9 which, an election could be made under 10 paragraph (5)(B) for a current spouse (or 11 a current domestic partner), subject to the 12 provisions of this paragraph relating to 13 consent of a current spouse (or of a cur- 14 rent domestic partner), if the retired em- 15 ployee or Member is then married (or in a 16 domestic partnership).’’; and 17 (D) by amending paragraph (5) to read as 18 follows: 19 ‘‘(5)(A) Any reduction in an annuity for the purpose 20 of providing a survivor annuity for the current spouse (or 21 the current domestic partner) of a retired employee or 22 Member shall be terminated for each full month— 23 ‘‘(i) after the death of the spouse (or domestic 24 partner); or 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 23 •S 1910 IS ‘‘(ii) after the dissolution of the marriage of the 1 spouse (or the termination of the domestic partner- 2 ship of the domestic partner) to the employee or 3 Member, 4 except that an appropriate reduction shall be made there- 5 after if the spouse (or domestic partner) is entitled, as 6 a former spouse (or former domestic partner), to a sur- 7 vivor annuity under section 8341(h). 8 ‘‘(B) Any reduction in an annuity for the purpose of 9 providing a survivor annuity for a former spouse (or a 10 former domestic partner) of a retired employee or Member 11 shall be terminated for each full month after the former 12 spouse remarries (or enters into a domestic partnership) 13 (or the former domestic partner enters into a subsequent 14 domestic partnership or marries) before reaching age 55 15 or dies. This reduction shall be replaced by an appropriate 16 reduction or reductions under paragraph (4) if the retired 17 employee or Member has (i) another former spouse (or an- 18 other former domestic partner) who is entitled to a sur- 19 vivor annuity under section 8341(h), (ii) a current spouse 20 to whom the employee or Member was married (or a cur- 21 rent domestic partner with whom the employee or Member 22 was in a domestic partnership) at the time of retirement 23 and with respect to whom a survivor annuity was not 24 jointly waived under paragraph (1), or (iii) a current 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 24 •S 1910 IS spouse whom the employee or Member married (or a cur- 1 rent domestic partner with whom the employee or Member 2 entered into domestic partnership) after retirement and 3 with respect to whom an election has been made under 4 subparagraph (C) or subsection (k)(2). 5 ‘‘(C)(i) Upon entry into a subsequent marriage (or 6 domestic partnership), a retired employee or Member who 7 was married (or in a domestic partnership) at the time 8 of retirement, including an employee or Member whose an- 9 nuity was not reduced to provide a survivor annuity for 10 the employee’s or Member’s spouse or former spouse (or 11 domestic partner or former domestic partner) as of the 12 time of retirement, may irrevocably elect during such mar- 13 riage (or domestic partnership), in a signed writing re- 14 ceived by the Office— 15 ‘‘(I) within 2 years after such entry into a sub- 16 sequent marriage (or domestic partnership); or 17 ‘‘(II) if later, within 2 years after— 18 ‘‘(aa) the death of or entry into a subse- 19 quent marriage (or domestic partnership) by 20 any former spouse (or former domestic partner) 21 of such employee or Member who was entitled 22 to a survivor annuity under section 8341(h); or 23 ‘‘(bb) if there was more than 1 surviving 24 former spouse (or surviving former domestic 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 25 •S 1910 IS partner), the death of or entry into a subse- 1 quent marriage (or domestic partnership) by 2 the last such surviving former spouse (or sur- 3 viving former domestic partner), 4 a reduction in the employee’s or Member’s annuity 5 under paragraph (4) for the purpose of providing an 6 annuity for such employee’s or Member’s spouse (or 7 domestic partner) in the event such spouse (or do- 8 mestic partner) survives the employee or Member. 9 ‘‘(ii) Such election and reduction shall be effective the 10 first day of the second month after the election is received 11 by the Office, but not less than 9 months after the date 12 of the subsequent marriage (or entry into the subsequent 13 domestic partnership), and the retired employee or Mem- 14 ber shall deposit in the Fund an amount determined by 15 the Office of Personnel Management, as nearly as may 16 be administratively feasible, to reflect the amount by 17 which the annuity of such retired employee or Member 18 would have been reduced if the election had been in effect 19 since the date of retirement or, if later, the date the pre- 20 vious reduction in such retired employee’s or Member’s an- 21 nuity was terminated under subparagraph (A) or (B), plus 22 interest. For the purposes of the preceding sentence, the 23 annual rate of interest for each year during which an an- 24 nuity would have been reduced if the election had been 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 26 •S 1910 IS in effect on and after the applicable date referred to in 1 such sentence shall be 6 percent. 2 ‘‘(iii) The Office shall, by regulation, provide for pay- 3 ment of the deposit required under clause (ii) by a reduc- 4 tion in the annuity of the employee or Member. The reduc- 5 tion shall, to the extent practicable, be designed so that 6 the present value of the future reduction is actuarially 7 equivalent to the deposit required under clause (ii), except 8 that total reductions in the annuity of an employee or 9 Member to pay deposits required by the provisions of this 10 paragraph or paragraph (3) shall not exceed 25 percent 11 of the annuity computed under subsections (a) through 12 (i), (n), (q), and (r), including adjustments under section 13 8340. The reduction required by this clause, which shall 14 be effective on the same date as the election under clause 15 (i), shall be permanent and unaffected by any future dis- 16 solution of the marriage (or termination of the domestic 17 partnership). Such reduction shall be independent of and 18 in addition to the reduction required under clause (i). 19 ‘‘(iv) Notwithstanding any other provision of this sub- 20 paragraph, an election under this subparagraph may not 21 be made for the purpose of providing an annuity in the 22 case of a spouse by remarriage (or a domestic partner by 23 a subsequent domestic partnership) if such spouse was 24 married to (or if such domestic partner was in a domestic 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 27 •S 1910 IS partnership with) the employee or Member at the time of 1 such employee’s or Member’s retirement, and all rights to 2 survivor benefits for such spouse (or domestic partner) 3 under this subchapter based on marriage (or domestic 4 partnership) to such employee or Member were then 5 waived under paragraph (1) or a similar prior provision 6 of law. 7 ‘‘(v) An election to provide a survivor annuity to a 8 person under this subparagraph— 9 ‘‘(I) shall prospectively void any election made 10 by the employee or Member under subsection (k)(1) 11 with respect to such person; or 12 ‘‘(II) shall, if an election was made by the em- 13 ployee or Member under such subsection (k)(1) with 14 respect to a different person, prospectively void such 15 election if appropriate written application is made by 16 such employee or Member at the time of making the 17 election under this subparagraph. 18 ‘‘(vi) The deposit provisions of clauses (ii) and (iii) 19 shall not apply if— 20 ‘‘(I) the employee or Member makes an election 21 under this subparagraph after having made an elec- 22 tion under subsection (k)(1); and 23 ‘‘(II) the election under subsection (k)(1) be- 24 comes void under clause (v).’’; 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 28 •S 1910 IS (2) in subsection (k)— 1 (A) in paragraph (1)— 2 (i) by striking ‘‘a married employee or 3 Member’’ and inserting ‘‘an employee or 4 Member who is married (or in a domestic 5 partnership)’’; and 6 (ii) by inserting ‘‘(or domestic part- 7 ner)’’ after ‘‘spouse’’ each place it appears; 8 (B) in paragraph (2)— 9 (i) by striking the matter before sub- 10 paragraph (B) and inserting the following: 11 ‘‘(2)(A) An employee or Member, who is unmarried 12 (and not in a domestic partnership) at the time of retiring 13 under a provision of law which permits election of a re- 14 duced annuity with a survivor annuity payable to such em- 15 ployee’s or Member’s spouse (or domestic partner) and 16 who later marries (or enters into a domestic partnership), 17 may irrevocably elect, in a signed writing received in the 18 Office— 19 ‘‘(i) within 2 years after such employee or 20 Member marries (or enters into a domestic partner- 21 ship); or 22 ‘‘(ii) if later, within 2 years after— 23 ‘‘(I) the death of, or entry into a subse- 24 quent marriage (or domestic partnership) by, 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 29 •S 1910 IS any former spouse (or former domestic partner) 1 of such employee or Member who was entitled 2 to a survivor annuity under section 8341(h); or 3 ‘‘(II) if there was more than 1 surviving 4 former spouse (or surviving former domestic 5 partner), the death of or entry into a subse- 6 quent marriage (or domestic partnership) by 7 the last such surviving former spouse (or sur- 8 viving former domestic partner), 9 a reduction in the retired employee or Member’s current 10 annuity as provided in subsection (j).’’; 11 (ii) in subparagraph (B)(i) (in the 12 matter before subclause (I)), by striking 13 ‘‘marriage.’’ and inserting ‘‘marriage (or 14 entry into a domestic partnership).’’; 15 (iii) in subparagraph (B)(ii), by in- 16 serting ‘‘(or in a domestic partnership)’’ 17 after ‘‘married’’; and 18 (iv) in subparagraph (C), by striking 19 ‘‘marriage.’’ and inserting ‘‘marriage (or 20 domestic partnership).’’; and 21 (3) in subsection (o)(1)— 22 (A) in subparagraphs (A)(i) and (B)(i), by 23 striking ‘‘is married,’’ and inserting ‘‘is married 24 (or is in a domestic partnership),’’; and 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 30 •S 1910 IS (B) in subparagraph (A) (in the matter 1 following clause (ii)), by inserting ‘‘(or domestic 2 partner)’’ after ‘‘spouse’’. 3 SEC. 204. COST-OF-LIVING ADJUSTMENT OF ANNUITIES. 4 Section 8340 is amended— 5 (1) in subsection (a)— 6 (A) by striking ‘‘and’’ at the end of para- 7 graph (1); 8 (B) by striking the period at the end of 9 paragraph (2) and inserting ‘‘; and’’; and 10 (C) by adding at the end the following: 11 ‘‘(3) the terms ‘widow’, ‘widower’, and ‘sur- 12 viving partner’ have the respective meanings given 13 them under section 8341.’’; and 14 (2) in subsection (c)(1)— 15 (A) in the matter before subparagraph (A), 16 by striking all after ‘‘who retires,’’ and before 17 ‘‘of a deceased annuitant’’ and inserting ‘‘to the 18 widow, widower, or former spouse (or the sur- 19 viving partner or former domestic partner) of a 20 deceased employee or Member, or to the widow, 21 widower, or former spouse (or the surviving 22 partner or former domestic partner), or insur- 23 able interest designee’’; and 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 31 •S 1910 IS (B) in subparagraph (B)(ii), by striking ‘‘a 1 widow, widower, former spouse, or insurable in- 2 terest designee’’ and inserting ‘‘a widow, wid- 3 ower, or former spouse (or surviving partner or 4 former domestic partner) or insurable interest 5 designee’’. 6 SEC. 205. SURVIVOR ANNUITIES. 7 Section 8341 is amended— 8 (1) in subsection (a)— 9 (A) by redesignating paragraphs (3) and 10 (4) as paragraphs (4) and (5), respectively; 11 (B) by inserting after paragraph (2) the 12 following: 13 ‘‘(3) ‘surviving partner’ means the surviving do- 14 mestic partner of an employee or Member who— 15 ‘‘(A) was in a domestic partnership with 16 such employee or Member for at least 9 months 17 immediately before the death of such employee 18 or Member; or 19 ‘‘(B) satisfies such other requirements, re- 20 lated to parenthood and the domestic partner- 21 ship, as the Director of the Office of Personnel 22 Management shall by regulation prescribe based 23 on the definition of a widow or widower under 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 32 •S 1910 IS paragraphs (1)(B) and (2)(B) of this section;’’; 1 and 2 (C) in paragraph (5) (as so redesignated 3 by subparagraph (A))— 4 (i) in subparagraph (A)— 5 (I) by striking ‘‘an unmarried de- 6 pendent child’’ and inserting ‘‘a de- 7 pendent child who is unmarried (and 8 not in a domestic partnership) and’’; 9 (II) in clause (ii), by striking 10 ‘‘stepchild but only if the stepchild’’ 11 and inserting ‘‘stepchild (or child of 12 the domestic partner not adopted by 13 or otherwise the child of the employee 14 or Member) but only if the stepchild 15 (or the child of the domestic part- 16 ner)’’; and 17 (III) in clause (iv), by inserting 18 ‘‘(or surviving domestic partner)’’ 19 after ‘‘the surviving spouse’’; and 20 (ii) in subparagraphs (B) and (C), by 21 striking ‘‘unmarried dependent child’’ and 22 inserting ‘‘dependent child who is unmar- 23 ried (and not in a domestic partnership)’’; 24 (2) in subsection (b)— 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 33 •S 1910 IS (A) in paragraph (1)— 1 (i) by striking ‘‘widow or widower’’ 2 each place it appears and inserting ‘‘widow 3 or widower (or surviving partner)’’; and 4 (ii) by striking ‘‘remarriage,’’ and in- 5 serting ‘‘remarriage (or entry into a subse- 6 quent domestic partnership)’’; 7 (B) in paragraph (2)— 8 (i) by striking ‘‘widow or widower’’ 9 each place it appears and inserting ‘‘widow 10 or widower (or surviving partner)’’; and 11 (ii) by inserting ‘‘(or in a domestic 12 partnership with)’’ after ‘‘married to’’; 13 (C) in paragraph (3)— 14 (i) in the matter before subparagraph 15 (A), by inserting ‘‘(or domestic partner)’’ 16 after ‘‘spouse’’; 17 (ii) by striking ‘‘widow or widower’’ 18 each place it appears and inserting ‘‘widow 19 or widower (or surviving partner)’’; and 20 (iii) in subparagraph (B), by inserting 21 ‘‘(or, in the case of a widow or widower, 22 enters into a domestic partnership) (or, in 23 the case of a surviving partner, enters into 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 34 •S 1910 IS a subsequent domestic partnership or mar- 1 ries)’’ after ‘‘remarries’’; and 2 (D) in paragraph (4)— 3 (i) by striking ‘‘widow or widower’’ 4 each place it appears and inserting ‘‘widow 5 or widower (or surviving partner)’’; and 6 (ii) in subparagraph (B), by inserting 7 ‘‘(or former domestic partner)’’ after 8 ‘‘former spouse’’; 9 (3) in subsection (d)— 10 (A) by striking ‘‘widow or widower’’ each 11 place it appears and inserting ‘‘widow or wid- 12 ower (or surviving partner)’’; 13 (B) in subparagraph (B), by inserting ‘‘(or 14 former domestic partner)’’ after ‘‘former 15 spouse’’; and 16 (C) in clause (ii), by inserting ‘‘(or, in the 17 case of a widow or widower, enters into a do- 18 mestic partnership) (or, in the case of a sur- 19 viving partner, enters into a subsequent domes- 20 tic partnership or marries)’’ after ‘‘remarries’’; 21 (4) in subsection (e)— 22 (A) by striking the matter before para- 23 graph (2) and inserting the following: 24 ‘‘(e)(1) For the purposes of this subsection— 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 35 •S 1910 IS ‘‘(A) the term ‘former spouse’ includes a former 1 spouse who was married to an employee or Member 2 for less than 9 months and a former spouse of an 3 employee or Member who completed less than 18 4 months of service covered by this subchapter; and 5 ‘‘(B) the term ‘former domestic partner’ in- 6 cludes a former domestic partner who was in a do- 7 mestic partnership with an employee or Member for 8 less than 9 months and a former domestic partner 9 of an employee or Member who completed less than 10 18 months of service covered by this subchapter.’’; 11 (B) in paragraph (2), by striking ‘‘a 12 spouse or a former spouse’’ each place it ap- 13 pears and inserting ‘‘a spouse or former spouse 14 (or a domestic partner or former domestic part- 15 ner)’’; 16 (C) in paragraph (3)— 17 (i) in subparagraph (E), by striking 18 ‘‘dies or marries;’’ and inserting ‘‘dies or 19 marries (or enters into a domestic partner- 20 ship);’’; and 21 (ii) in the matter following subpara- 22 graph (E)— 23 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 36 •S 1910 IS (I) by inserting ‘‘(or domestic 1 partner or former domestic partner)’’ 2 after ‘‘spouse or former spouse’’; and 3 (II) by striking ‘‘spouse, former 4 spouse, or child’’ and inserting 5 ‘‘spouse or former spouse (or domestic 6 partner or former domestic partner) 7 or child,’’; and 8 (D) in paragraph (4), by striking ‘‘mar- 9 riage, then, if such marriage’’ and inserting 10 ‘‘marriage, then, if such marriage (or a domes- 11 tic partnership, then, if such domestic partner- 12 ship)’’; 13 (5) by striking subsection (f) and inserting the 14 following: 15 ‘‘(f) If a Member heretofore or hereafter separated 16 from the service with title to deferred annuity from the 17 Fund hereafter dies before having established a valid claim 18 for annuity and is survived by a spouse to whom married 19 (or a domestic partner to whom in a domestic partnership) 20 at the date of separation, the surviving spouse (or sur- 21 viving partner)— 22 ‘‘(1) is entitled to an annuity equal to 55 per- 23 cent of the deferred annuity of the Member com- 24 mencing on the day after the Member dies and ter- 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 37 •S 1910 IS minating on the last day of the month before the 1 surviving spouse dies or remarries (or enters into a 2 domestic partnership) (or the surviving domestic 3 partner dies or enters into a subsequent domestic 4 partnership or marries); or 5 ‘‘(2) may elect to receive the lump-sum credit 6 instead of annuity if the spouse (or domestic part- 7 ner) is the individual who would be entitled to the 8 lump-sum credit and files application therefor with 9 the Office before the award of the annuity. 10 Notwithstanding the preceding sentence, an annuity pay- 11 able under this subsection to the surviving spouse (or sur- 12 viving domestic partner) of a Member may not exceed the 13 difference between— 14 ‘‘(A) the annuity which would otherwise be pay- 15 able to such surviving spouse (or such surviving do- 16 mestic partner) under this subsection; and 17 ‘‘(B) the amount of the survivor annuity pay- 18 able to any former spouse (or any former domestic 19 partner) of such Member under subsection (h).’’; 20 (6) by striking subsection (g) and inserting the 21 following: 22 ‘‘(g) In the case of a surviving spouse (or surviving 23 domestic partner) whose annuity under this section is ter- 24 minated because of a subsequent entry into a marriage 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 38 •S 1910 IS (or domestic partnership) before becoming 55 years of 1 age, annuity at the same rate shall be restored com- 2 mencing on the day the remarriage (or subsequent domes- 3 tic partnership) is dissolved by death, annulment, or di- 4 vorce (or terminated), if— 5 ‘‘(1) the surviving spouse (or surviving domestic 6 partner) elects to receive this annuity instead of a 7 survivor benefit to which he may be entitled, under 8 this subchapter or another retirement system for 9 Government employees, by reason of the subsequent 10 entry into a marriage (or domestic partnership); and 11 ‘‘(2) any lump sum paid on termination of the 12 annuity is returned to the Fund.’’; 13 (7) by striking subsection (h) and inserting the 14 following: 15 ‘‘(h)(1) Subject to paragraphs (2) through (5), a 16 former spouse (or former domestic partner) of a deceased 17 employee, Member, annuitant, or former Member who was 18 separated from the service with title to a deferred annuity 19 under section 8338(b) is entitled to a survivor annuity 20 under this subsection, if and to the extent expressly pro- 21 vided for in an election under section 8339(j)(3), or in 22 the terms of any decree of divorce or annulment or any 23 court order or court-approved property settlement agree- 24 ment incident to such decree. 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 39 •S 1910 IS ‘‘(2)(A) The annuity payable to a former spouse (or 1 former domestic partner) under this subsection may not 2 exceed the difference between— 3 ‘‘(i) the amount applicable in the case of such 4 former spouse (or former domestic partner), as de- 5 termined under subparagraph (B); and 6 ‘‘(ii) the amount of any annuity payable under 7 this subsection to any other former spouse (or 8 former domestic partner) of the employee, Member, 9 or annuitant, based on an election previously made 10 under section 8339(j)(3), or a court order previously 11 issued. 12 ‘‘(B) The applicable amount, for purposes of sub- 13 paragraph (A)(i) in the case of a former spouse (or former 14 domestic partner), is the amount which would be applica- 15 ble— 16 ‘‘(i) under subsection (b)(4)(A) in the case of a 17 widow or widower (or surviving partner), if the de- 18 ceased was an employee or Member who died after 19 retirement; 20 ‘‘(ii) under subparagraph (A) of subsection (d) 21 in the case of a widow or widower (or surviving part- 22 ner), if the deceased was an employee or Member de- 23 scribed in the first sentence of such subsection; or 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 40 •S 1910 IS ‘‘(iii) under subparagraph (A) of subsection (f) 1 in the case of a surviving spouse (or surviving do- 2 mestic partner), if the deceased was a Member de- 3 scribed in the first sentence of such subsection. 4 ‘‘(3) The commencement and termination of an annu- 5 ity payable under this subsection shall be governed by the 6 terms of the applicable order, decree, agreement, or elec- 7 tion, as the case may be, except that any such annuity— 8 ‘‘(A) shall not commence before— 9 ‘‘(i) the day after the employee, Member, 10 or annuitant dies; or 11 ‘‘(ii) the first day of the second month be- 12 ginning after the date on which the Office re- 13 ceives written notice of the order, decree, agree- 14 ment, or election, as the case may be, together 15 with such additional information or documenta- 16 tion as the Office may prescribe, 17 whichever is later, and 18 ‘‘(B) shall terminate— 19 ‘‘(i) except as provided in subsection (k), 20 in the case of an annuity computed by reference 21 to clause (i) or (ii) of paragraph (2)(B), no 22 later than the last day of the month before the 23 former spouse remarries (or enters into a do- 24 mestic partnership) (or former domestic partner 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 41 •S 1910 IS enters into a subsequent domestic partnership 1 or marries) before becoming 55 years of age or 2 dies; or 3 ‘‘(ii) in the case of an annuity computed by 4 reference to clause (iii) of such paragraph, no 5 later than the last day of the month before the 6 former spouse remarries (or enters into a do- 7 mestic partnership) or dies (or the former do- 8 mestic partner enters into a subsequent domes- 9 tic partnership or marries or dies). 10 ‘‘(4) For purposes of this subchapter, a modification 11 in a decree, order, agreement, or election referred to in 12 paragraph (1) shall not be effective— 13 ‘‘(A) if such modification is made after the re- 14 tirement or death of the employee or Member con- 15 cerned, and 16 ‘‘(B) to the extent that such modification in- 17 volves an annuity under this subsection. 18 ‘‘(5) For purposes of this subchapter, a decree, order, 19 agreement, or election referred to in paragraph (1) shall 20 not be effective, in the case of a former spouse (or former 21 domestic partner), to the extent that it is inconsistent with 22 any joint designation or waiver previously executed with 23 respect to such former spouse (or former domestic part- 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 42 •S 1910 IS ner) under section 8339(j)(1) or a similar prior provision 1 of law. 2 ‘‘(6) Any payment under this subsection to a person 3 bars recovery by any other person. 4 ‘‘(7) As used in this subsection, ‘court’ means any 5 court of any State, the District of Columbia, the Common- 6 wealth of Puerto Rico, Guam, the Northern Mariana Is- 7 lands, or the Virgin Islands, and any Indian court.’’; 8 (8) by striking subsection (i) and inserting the 9 following: 10 ‘‘(i) The requirement in subsections (a)(1)(A), 11 (a)(2)(A), and (a)(5)(A) that the surviving spouse (or sur- 12 viving domestic partner) of an employee or Member have 13 been married to (or in a domestic partnership with) such 14 employee or Member for at least 9 months immediately 15 before the employee’s or Member’s death in order to qual- 16 ify as the widow or widower (or surviving partner) of such 17 employee or Member shall be deemed satisfied in any case 18 in which the employee or Member dies within the applica- 19 ble 9-month period, if— 20 ‘‘(1) the death of the employee or Member was 21 accidental; or 22 ‘‘(2) the surviving spouse (or surviving domestic 23 partner) of such individual had been previously mar- 24 ried to (or in a domestic partnership with) the indi- 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 43 •S 1910 IS vidual that was subsequently dissolved (or termi- 1 nated), and the aggregate time married (or in a do- 2 mestic partnership) is at least 9 months.’’; and 3 (9) by redesignating subsection (k) as sub- 4 section (j) and amending such subsection to read as 5 follows: 6 ‘‘(j)(1) Subsections (b)(3)(B), (d)(ii), and 7 (h)(3)(B)(i), to the extent that they provide for termi- 8 nation of a survivor annuity because of a subsequent entry 9 into a marriage (or domestic partnership) before age 55, 10 shall not apply if the widow, widower or former spouse 11 was married to (or the surviving partner or former domes- 12 tic partner was in a domestic partnership with) the indi- 13 vidual on whose service the survivor annuity is based for 14 at least 30 years. 15 ‘‘(2) A subsequent entry into a marriage (or domestic 16 partnership) described in paragraph (1) shall not be taken 17 into account for purposes of subparagraph (B) or (C) of 18 section 8339(j)(5) or any other provision of this chapter 19 which the Director of the Office of Personnel Management 20 may by regulation identify in order to carry out the pur- 21 poses of this subsection.’’. 22 SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE- 23 FICIARY; ORDER OF PRECEDENCE. 24 Section 8342 is amended— 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 44 •S 1910 IS (1) in subsection (c)— 1 (A) by inserting ‘‘(or surviving partner)’’ 2 after ‘‘widow or widower’’; and 3 (B) by striking ‘‘stepchild.’’ and inserting 4 ‘‘stepchild (or a child of a domestic partner 5 which child is not adopted by or otherwise a 6 child of the employee or Member).’’; and 7 (2) in subsection (j)— 8 (A) in paragraph (1)(A), by inserting ‘‘(or 9 the domestic partner, if any)’’ after ‘‘the 10 spouse, if any’’; 11 (B) by inserting ‘‘(or domestic partner)’’ 12 after ‘‘spouse’’ each place it appears; and 13 (C) by inserting ‘‘(or former domestic part- 14 ner)’’ after ‘‘former spouse’’ each place it ap- 15 pears. 16 SEC. 207. ALTERNATIVE FORMS OF ANNUITIES. 17 Section 8343a is amended— 18 (1) in subsection (b)(2)— 19 (A) (in the material before subparagraph 20 (A)), by inserting ‘‘(or in a domestic partner- 21 ship)’’ after ‘‘married’’; and 22 (B) in subparagraph (B), by inserting ‘‘(or 23 surviving domestic partner)’’ after ‘‘surviving 24 spouse’’; 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 45 •S 1910 IS (2) in subsection (d)— 1 (A) in paragraph (1), by striking ‘‘mar- 2 ried,’’ each place it appears and inserting ‘‘mar- 3 ried (or in a domestic partnership),’’; and 4 (B) in paragraph (2), by striking ‘‘former 5 spouse,’’ and inserting ‘‘former spouse (or 6 former domestic partner),’’; and 7 (3) in subsection (e), by inserting ‘‘(or in a do- 8 mestic partnership)’’ after ‘‘married’’. 9 SEC. 208. ADMINISTRATION; REGULATIONS. 10 Section 8347(n)(1)(D) is amended by striking ‘‘their 11 spouses, and their former spouses’’ and inserting ‘‘their 12 spouses (and domestic partners), and their former spouses 13 (and former domestic partners)’’. 14 SEC. 209. PARTICIPATION IN THE THRIFT SAVINGS PLAN. 15 Section 8351(b)(5) is amended— 16 (1) in subparagraphs (A), (B), and (C), by in- 17 serting ‘‘(or domestic partner)’’ after ‘‘spouse’’ each 18 place it appears; 19 (2) in subparagraph (B), by striking ‘‘a married 20 employee or Member’’ and inserting ‘‘an employee or 21 Member who is married (or in a domestic partner- 22 ship)’’; and 23 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 46 •S 1910 IS (3) in subparagraph (D), by inserting ‘‘(or do- 1 mestic partner or former domestic partner)’’ after 2 ‘‘spouse or former spouse’’. 3 TITLE III—FEDERAL EMPLOY- 4 EES’ RETIREMENT SYSTEM 5 Subtitle A—General Provisions 6 SEC. 301. DEFINITIONS. 7 Section 8401 is amended— 8 (1) in paragraph (35), by striking ‘‘and’’ at the 9 end; 10 (2) in paragraph (36), by striking the period at 11 the end and inserting a semicolon; and 12 (3) by adding at the end the following: 13 ‘‘(37) ‘domestic partner’ and ‘domestic partner- 14 ship’ have the meanings given under section 2501; 15 and 16 ‘‘(38) ‘former domestic partner’ means a former 17 domestic partner of an individual— 18 ‘‘(A) if such individual performed at least 19 18 months of civilian service creditable under 20 section 8411 as an employee or Member; and 21 ‘‘(B) if the former domestic partner was in 22 a domestic partnership with such individual for 23 at least 9 months.’’. 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 47 •S 1910 IS Subtitle B—Creditable Service 1 SEC. 311. CREDITABLE SERVICE. 2 Section 8411 is amended— 3 (1) in subsection (c)(4)(C)(ii), by inserting ‘‘(or 4 former domestic partner)’’ after ‘‘former spouse’’; 5 (2) in subsection (l)(4)(B)(i), by inserting ‘‘(or 6 domestic partner)’’ after ‘‘spouse’’; and 7 (3) in subsection (l)(5), by inserting ‘‘(or do- 8 mestic partner)’’ after ‘‘spouse’’ each place it ap- 9 pears. 10 SEC. 312. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 11 OR A CURRENT DOMESTIC PARTNER. 12 (a) IN GENERAL.—Section 8416 is amended— 13 (1) in the section heading, by inserting ‘‘(or 14 domestic partner)’’ after ‘‘spouse’’; 15 (2) in subsection (a)— 16 (A) by inserting ‘‘(or in a domestic part- 17 nership)’’ after ‘‘married’’ each place it ap- 18 pears; 19 (B) by inserting ‘‘(or domestic partner)’’ 20 after ‘‘spouse’’ each place it appears; and 21 (C) by inserting ‘‘(or domestic partner’s)’’ 22 after ‘‘spouse’s’’ each place it appears; 23 (3) by striking subsection (b) and inserting the 24 following: 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 48 •S 1910 IS ‘‘(b)(1) Upon entry into a subsequent marriage (or 1 subsequent domestic partnership), a retired employee or 2 Member who was married (or in a domestic partnership) 3 at the time of retirement, including an employee or Mem- 4 ber whose annuity was not reduced to provide a survivor 5 annuity for the employee’s or Member’s spouse or former 6 spouse (or domestic partner or former domestic partner) 7 as of the time of retirement, may irrevocably elect during 8 such marriage (or domestic partnership), in a signed writ- 9 ing received by the Office— 10 ‘‘(A) within 2 years after such entry into a sub- 11 sequent marriage (or domestic partnership); or 12 ‘‘(B) if later, within 2 years after— 13 ‘‘(i) the death of or entry into a subse- 14 quent marriage (or domestic partnership) by 15 any former spouse (or former domestic partner) 16 of such employee or Member who was entitled 17 to a survivor annuity under section 8445, or 18 ‘‘(ii) if there was more than 1 surviving 19 former spouse (or surviving former domestic 20 partner), the death of or entry into a subse- 21 quent marriage (or domestic partnership) by 22 the last such surviving former spouse (or sur- 23 viving former domestic partner), 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 49 •S 1910 IS a reduction in the employee’s or Member’s annuity 1 under section 8419(a) for the purpose of providing 2 an annuity for such employee’s or Member’s spouse 3 (or domestic partner) in the event such spouse (or 4 domestic partner) survives the employee or Member. 5 ‘‘(2) The election and reduction shall be effective the 6 first day of the second month after the election is received 7 by the Office, but not less than 9 months after the date 8 of the subsequent marriage (or entry into the subsequent 9 domestic partnership). 10 ‘‘(3) An election to provide a survivor annuity to an 11 individual under this subsection— 12 ‘‘(A) shall prospectively void any election made 13 by the employee or Member under section 8420 with 14 respect to such individual; or 15 ‘‘(B) shall, if an election was made by the em- 16 ployee or Member under section 8420 with respect 17 to a different individual, prospectively void such elec- 18 tion if appropriate written application is made by 19 such employee or Member at the time of making the 20 election under this subsection. 21 ‘‘(4) Any election under this subsection made by an 22 employee or Member on behalf of an individual after the 23 retirement of such employee or Member shall not be effec- 24 tive if— 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 50 •S 1910 IS ‘‘(A) the employee or Member was married to 1 (or in a domestic partnership with) such individual 2 at the time of retirement; and 3 ‘‘(B) the annuity rights of such individual based 4 on the service of such employee or Member were 5 then waived under subsection (a).’’; 6 (4) in subsection (c)— 7 (A) by striking the matter before para- 8 graph (2) and inserting the following: 9 ‘‘(c)(1) An employee or Member who is unmarried 10 (and not in a domestic partnership) at the time of retiring 11 under this chapter and who later marries (or enters into 12 a domestic partnership) may irrevocably elect, in a signed 13 writing received by the Office— 14 ‘‘(A) within 2 years after such employee or 15 Member marries (or enters into a domestic partner- 16 ship); or 17 ‘‘(B) if later, within 2 years after— 18 ‘‘(i) the death of or entry into a subse- 19 quent remarriage (or entry into a subsequent 20 domestic partnership or a marriage by any 21 former domestic partner) by of any former 22 spouse (or domestic partner) of such employee 23 or Member who was entitled to a survivor annu- 24 ity under section 8445, 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 51 •S 1910 IS ‘‘(ii) if more than 1 surviving former 1 spouse (or surviving former domestic partner), 2 the death of or entry into a subsequent mar- 3 riage (or domestic partnership) by the last such 4 surviving former spouse (or surviving former 5 domestic partner), 6 a reduction in the current annuity of the retired em- 7 ployee or Member, in accordance with section 8 8419(a).’’; and 9 (B) in paragraph (2), by striking ‘‘mar- 10 riage.’’ and inserting ‘‘marriage (or domestic 11 partnership).’’; and 12 (5) in subsection (d)(1)— 13 (A) by inserting ‘‘(or in a domestic part- 14 nership)’’ after ‘‘married’’; and 15 (B) by inserting ‘‘(or domestic partner)’’ 16 after ‘‘spouse’’ each place it appears. 17 (b) TECHNICAL AND CONFORMING AMENDMENT.— 18 The table of sections for chapter 84 of title 5, United 19 States Code, is amended by striking the item relating to 20 section 8416 and inserting the following: 21 ‘‘8416. Survivor reduction for a current spouse (or domestic partner).’’. SEC. 313. SURVIVOR REDUCTION FOR A FORMER SPOUSE 22 OR FORMER DOMESTIC PARTNER. 23 (a) IN GENERAL.—Section 8417 is amended— 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 52 •S 1910 IS (1) in the section heading, by inserting ‘‘(or 1 former domestic partner)’’ after ‘‘former 2 spouse’’; 3 (2) in subsection (a), by inserting ‘‘(or a former 4 domestic partner)’’ after ‘‘former spouse’’; and 5 (3) in subsection (b)— 6 (A) in paragraph (1), by inserting ‘‘(or 7 former domestic partner)’’ after ‘‘former 8 spouse’’ each place it appears; 9 (B) by amending paragraph (2) to read as 10 follows: 11 ‘‘(2) An election under this subsection shall be made 12 at the time of retirement or, if the marriage is dissolved 13 (or the domestic partnership is terminated) after the date 14 of retirement, within 2 years after the date on which the 15 marriage of the former spouse to the employee or Member 16 is so dissolved (or the domestic partnership of the former 17 domestic partner with the employee or Member is so ter- 18 minated).’’; and 19 (C) in paragraph (3)— 20 (i) in subparagraph (A)(ii), by insert- 21 ing ‘‘(or a surviving partner)’’ after ‘‘a 22 widow or widower’’; and 23 (ii) by amending subparagraph (B) to 24 read as follows: 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 53 •S 1910 IS ‘‘(B) shall not be effective, in the case of an 1 employee or Member who is then married (or in a 2 domestic partnership), unless it is made with the 3 spouse’s (or domestic partner’s) written consent.’’. 4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 5 The table of sections for chapter 84 of title 5, United 6 States Code, is amended by striking the item relating to 7 section 8417 and inserting the following: 8 ‘‘8417. Survivor reduction for a former spouse (or former domestic partner).’’. SEC. 314. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS. 9 Section 8418(b) is amended— 10 (1) by inserting ‘‘(or domestic partnership)’’ 11 after ‘‘marriage’’; and 12 (2) by striking ‘‘former spouse.’’ inserting 13 ‘‘former spouse (or former domestic partner).’’. 14 SEC. 315. SURVIVOR REDUCTIONS; COMPUTATION. 15 Section 8419 is amended— 16 (1) in subsection (a), by inserting ‘‘(or domestic 17 partner)’’ after ‘‘spouse’’ each place it appears; and 18 (2) by amending subsection (b) to read as fol- 19 lows: 20 ‘‘(b)(1) Any reduction in an annuity for the purpose 21 of providing a survivor annuity for the current spouse (or 22 current domestic partner) of a retired employee or Mem- 23 ber shall be terminated for each full month— 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 54 •S 1910 IS ‘‘(A) after the death of the spouse (or domestic 1 partner); or 2 ‘‘(B) after the dissolution of the spouse’s mar- 3 riage to (or the termination of the domestic part- 4 ner’s domestic partnership with) the employee or 5 Member, except that an appropriate reduction shall 6 be made thereafter if the spouse (or domestic part- 7 ner) is entitled, as a former spouse (or former do- 8 mestic partner), to a survivor annuity under section 9 8445. 10 ‘‘(2) Any reduction in an annuity for the purpose of 11 providing a survivor annuity for a former spouse (or 12 former domestic partner) of a retired employee or Member 13 shall be terminated for each full month after the former 14 spouse remarries (or enters into a domestic partnership) 15 (or the former domestic partner enters into a subsequent 16 domestic partnership or marries) before reaching age 55 17 or dies. This reduction shall be replaced by appropriate 18 reductions under subsection (a) if the retired employee or 19 Member has— 20 ‘‘(A) another former spouse (or former domestic 21 partner) who is entitled to a survivor annuity under 22 section 8445; 23 ‘‘(B) a current spouse to whom the employee or 24 Member was married (or a current domestic partner 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 55 •S 1910 IS with whom the employee or Member was in a domes- 1 tic partnership) at the time of retirement and with 2 respect to whom a survivor annuity was not waived 3 under section 8416(a) or, if waived, with respect to 4 whom an election under section 8416(d) has been 5 made; or 6 ‘‘(C) a current spouse whom the employee or 7 Member married (or current domestic partner with 8 whom the employee or Member entered into a do- 9 mestic partnership) after retirement and with re- 10 spect to whom an election has been made under sub- 11 section (b) or (c) of section 8416.’’. 12 SEC. 316. INSURABLE INTEREST REDUCTIONS. 13 Section 8420 is amended— 14 (1) in subsection (b)(1)— 15 (A) by striking ‘‘married employee or 16 Member’’ and inserting ‘‘employee or Member 17 who is married (or in a domestic partnership)’’; 18 and 19 (B) by inserting ‘‘(or domestic partner)’’ 20 after ‘‘spouse’’ each place it appears; and 21 (2) in subsection (b)(2), by inserting ‘‘(or 22 former domestic partner)’’ after ‘‘former spouse’’. 23 SEC. 317. ALTERNATIVE FORMS OF ANNUITIES. 24 Section 8420a is amended— 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 56 •S 1910 IS (1) in subsection (b)(2)— 1 (A) in the matter before subparagraph (A), 2 by inserting ‘‘(or in a domestic partnership)’’ 3 after ‘‘married’’; and 4 (B) in subparagraph (B), by striking ‘‘sur- 5 viving spouse.’’ inserting ‘‘surviving spouse (or 6 surviving domestic partner).’’; 7 (2) in subsection (d)— 8 (A) in paragraph (1), by striking ‘‘mar- 9 ried,’’ inserting ‘‘married (or in a domestic 10 partnership),’’ and 11 (B) in paragraph (2), by inserting ‘‘(or 12 former domestic partner)’’ after ‘‘former 13 spouse’’ each place it appears; and 14 (3) in subsection (e), by inserting ‘‘(or in a do- 15 mestic partnership)’’ after ‘‘married’’. 16 SEC. 318. LUMP-SUM BENEFITS; DESIGNATION OF BENE- 17 FICIARY; ORDER OF PRECEDENCE. 18 Section 8424 is amended— 19 (1) in subsection (b)— 20 (A) in paragraph (1)— 21 (i) in subparagraph (A), by striking 22 ‘‘the spouse, if any, and any former 23 spouse’’ and inserting ‘‘any spouse or 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 57 •S 1910 IS former spouse (and any domestic partner 1 or former domestic partner)’’; and 2 (ii) in subparagraph (B), by striking 3 ‘‘spouse or former spouse’’ each place it 4 appears and inserting ‘‘spouse or former 5 spouse (or domestic partner or former do- 6 mestic partner)’’; and 7 (B) in paragraph (2), by striking ‘‘spouse 8 or former spouse’’ each place it appears and in- 9 serting ‘‘spouse or former spouse (or domestic 10 partner or former domestic partner)’’; and 11 (2) in subsection (d)— 12 (A) by striking ‘‘widow or widower’’ and 13 inserting ‘‘widow or widower (or surviving part- 14 ner)’’; and 15 (B) by striking ‘‘stepchild.’’ and inserting 16 ‘‘stepchild (or a child of a domestic partner 17 which child is not adopted by or otherwise a 18 child of the employee or Member).’’. 19 Subtitle C—Thrift Savings Plan 20 SEC. 321. BENEFITS AND ELECTION OF BENEFITS. 21 Section 8433(e) is amended by striking paragraph 22 (2) and inserting the following: 23 ‘‘(2) Notwithstanding section 8424(d), if an 24 employee, Member, former employee, or former 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 58 •S 1910 IS Member dies and has designated as sole or partial 1 beneficiary his or her spouse (or domestic partner) 2 at the time of death, or, if an employee, Member, 3 former employee, or former Member, dies with no 4 designated beneficiary and is survived by a spouse 5 (or domestic partner), the spouse (or domestic part- 6 ner) may maintain the portion of the employee’s or 7 Member’s account to which the spouse (or domestic 8 partner) is entitled in accordance with the following 9 terms: 10 ‘‘(A) Subject to the limitations of subpara- 11 graph (B), the spouse (or domestic partner) 12 shall have the same withdrawal options under 13 subsection (b) as the employee or Member were 14 the employee or Member living. 15 ‘‘(B) The spouse (or domestic partner) 16 may not make withdrawals under subsection (g) 17 or (h). 18 ‘‘(C) The spouse (or domestic partner) 19 may not make contributions or transfers to the 20 account. 21 ‘‘(D) The account shall be disbursed upon 22 the death of the surviving spouse (or surviving 23 domestic partner). A beneficiary or surviving 24 spouse (or surviving domestic partner) of a de- 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 59 •S 1910 IS ceased spouse (or domestic partner) who has in- 1 herited an account is ineligible to maintain the 2 inherited spousal account.’’. 3 SEC. 322. ANNUITIES: METHODS OF PAYMENT; ELECTION; 4 PURCHASE. 5 Section 8434(a)(2) is amended— 6 (1) in subparagraph (B), by inserting ‘‘(or do- 7 mestic partner)’’ after ‘‘spouse’’; and 8 (2) in subparagraph (E)(i), by inserting ‘‘(or 9 former domestic partner)’’ after ‘‘former spouse’’. 10 SEC. 323. PROTECTIONS FOR SPOUSES, DOMESTIC PART- 11 NERS, FORMER SPOUSES, AND FORMER DO- 12 MESTIC PARTNERS. 13 (a) IN GENERAL.—Section 8435 is amended— 14 (1) in the section heading, by inserting ‘‘(and 15 domestic partners and former domestic 16 partners)’’ after ‘‘spouses and former 17 spouses’’; 18 (2) in subsection (a)— 19 (A) in paragraph (1)— 20 (i) in subparagraph (A), by striking 21 ‘‘A married employee or Member (or 22 former employee or Member)’’ each place it 23 appears and inserting ‘‘An employee or 24 Member, or former employee or former 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 60 •S 1910 IS Member, who is married (or in a domestic 1 partnership)’’; and 2 (ii) in subparagraph (B), by inserting 3 ‘‘(or domestic partner)’’ after ‘‘spouse’’ 4 each place it appears; and 5 (B) in paragraph (2), by inserting ‘‘(or do- 6 mestic partner’s)’’ after ‘‘spouse’s’’ each place 7 it appears; 8 (3) in subsection (b)— 9 (A) in paragraph (1)— 10 (i) by inserting ‘‘(or surviving domes- 11 tic partner)’’ after ‘‘surviving spouse’’ each 12 place it appears; and 13 (ii) by inserting ‘‘(or in a domestic 14 partnership)’’ after ‘‘married’’; and 15 (B) in paragraph (2)(A), by inserting ‘‘(or 16 domestic partner)’’ after ‘‘spouse’’; 17 (4) in subsection (d)— 18 (A) in paragraph (1), by inserting ‘‘(or 19 former domestic partner)’’ after ‘‘former 20 spouse’’ the first 2 places it appears; 21 (B) in paragraphs (3) through (6), by in- 22 serting ‘‘(or former domestic partner)’’ after 23 ‘‘former spouse’’ each place it appears; 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 61 •S 1910 IS (C) in paragraph (3)(B), by inserting ‘‘(or 1 former domestic partners)’’ after ‘‘former 2 spouses’’; and 3 (D) in paragraph (3)(A), by inserting ‘‘(or 4 surviving domestic partner)’’ after ‘‘surviving 5 spouse’’; 6 (5) in subsection (e)(1)— 7 (A) by striking the matter before subpara- 8 graph (B) and inserting the following: 9 ‘‘(e)(1)(A) A loan or withdrawal under subsection (g) 10 or (h) of section 8433 may be made to an employee or 11 Member who is married (or in a domestic partnership) 12 only if the employee’s or Member’s spouse (or domestic 13 partner) consents to such loan or withdrawal in writing.’’; 14 and 15 (B) in subparagraph (C), by inserting ‘‘(or 16 domestic partner’s)’’ after ‘‘spouse’s’’ each 17 place it appears; and 18 (6) in subsection (g), by inserting ‘‘(or domestic 19 partner or former domestic partner)’’ after ‘‘spouse 20 or former spouse’’. 21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 22 The table of sections for chapter 84 is amended by strik- 23 ing the item relating to section 8435 and inserting the 24 following: 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 62 •S 1910 IS ‘‘8435. Protections for spouses and former spouses (and domestic partners and former domestic partners).’’. SEC. 324. JUSTICES AND JUDGES. 1 Section 8440a(b)(6) is amended by inserting ‘‘(or do- 2 mestic partners)’’ after ‘‘spouses’’. 3 Subtitle D—Survivor Annuities 4 SEC. 331. DEFINITIONS. 5 Section 8441 is amended— 6 (1) by redesignating paragraphs (3) and (4) as 7 paragraphs (4) and (5), respectively, and by insert- 8 ing after paragraph (2) the following: 9 ‘‘(3) the term ‘surviving partner’ means the 10 surviving domestic partner of an employee, Member, 11 or annuitant, or of a former employee or Member, 12 who— 13 ‘‘(A) was in a domestic partnership with 14 such employee, Member, or annuitant, or 15 former employee or Member, for at least 9 16 months immediately before the death of such 17 employee, Member, or annuitant, or former em- 18 ployee or Member; or 19 ‘‘(B) satisfies such other requirements, 20 based on parenthood and the domestic partner- 21 ship, as the Director of the Office of Personnel 22 Management shall by regulation prescribe based 23 on the definition of a widow or widower under 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 63 •S 1910 IS paragraphs (1)(B) and (2)(B) of this section; 1 and’’; and 2 (2) in paragraph (5) (as so redesignated by 3 paragraph (1))— 4 (A) in subparagraph (A)— 5 (i) by striking ‘‘an unmarried depend- 6 ent child’’ and inserting ‘‘a dependent child 7 who is unmarried (and not in a domestic 8 partnership)’’; 9 (ii) in clause (ii), by striking ‘‘step- 10 child but only if the stepchild’’ and insert- 11 ing ‘‘stepchild (or child of the domestic 12 partner not adopted by or otherwise the 13 child of the employee or Member) but only 14 if the stepchild (or the child of the domes- 15 tic partner)’’; and 16 (iii) in clause (iv), by inserting ‘‘(or 17 surviving partner)’’ after ‘‘widow or wid- 18 ower’’; and 19 (B) in subparagraphs (B) and (C), by 20 striking ‘‘unmarried dependent child’’ each 21 place that term appears and inserting ‘‘depend- 22 ent child who is unmarried (and not in a do- 23 mestic partnership)’’. 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 64 •S 1910 IS SEC. 332. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING 1 PARTNER. 2 (a) IN GENERAL.—Section 8442 is amended— 3 (1) in the section heading, by inserting ‘‘(or 4 surviving partner)’’ after ‘‘widow or wid- 5 ower’’; 6 (2) in subsection (a)— 7 (A) by inserting ‘‘(or surviving partner)’’ 8 after ‘‘widow or widower’’ each place it appears; 9 (B) by inserting ‘‘(or entry into a domestic 10 partnership)’’ after ‘‘marriage’’; and 11 (C) by inserting ‘‘(or domestic partner)’’ 12 after ‘‘spouse’’ each place it appears; 13 (3) in subsection (b), by inserting ‘‘(or sur- 14 viving partner)’’ after ‘‘widow or widower’’ each 15 place it appears; 16 (4) in subsection (c)— 17 (A) in the matter in paragraph (1) before 18 subparagraph (A) thereof, by inserting ‘‘(or a 19 surviving partner with whom in a domestic 20 partnership)’’ after ‘‘widow or widower to whom 21 married’’; and 22 (B) by striking ‘‘widow or widower’’ each 23 place it appears (other than where amended by 24 subparagraph (A)) and inserting ‘‘widow or 25 widower (or surviving partner)’’; 26 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 65 •S 1910 IS (5) in subsection (d)— 1 (A) by striking ‘‘widow or widower’’ each 2 place it appears and inserting ‘‘widow or wid- 3 ower (or surviving partner)’’; 4 (B) in paragraph (1)(B), by inserting ‘‘(or 5 enters into a domestic partnership) (or in the 6 case of a surviving partner, enters into a subse- 7 quent domestic partnership or marries)’’ after 8 ‘‘remarries’’; 9 (C) in paragraph (2)— 10 (i) by striking ‘‘remarriage before’’ 11 and inserting ‘‘subsequent entry into a 12 marriage (or domestic partnership) be- 13 fore’’; 14 (ii) by striking ‘‘remarriage is dis- 15 solved by death, divorce, or annulment,’’ 16 and inserting ‘‘subsequent marriage is dis- 17 solved by death, divorce, annulment (or 18 subsequent domestic partnership is termi- 19 nated),’’; and 20 (iii) in subparagraph (A), by striking 21 ‘‘remarriage;’’ and inserting ‘‘subsequent 22 marriage (or domestic partnership);’’; and 23 (D) in paragraph (3)— 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 66 •S 1910 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 at least 30 years with)’’ 5 after ‘‘married for at least 30 years to’’; 6 (6) in subsection (e)— 7 (A) by inserting ‘‘(or surviving partner)’’ 8 after ‘‘widow or widower’’ each place it appears; 9 (B) by inserting ‘‘(or in a domestic part- 10 nership with)’’ after ‘‘been married to’’; and 11 (C) by amending paragraph (2) to read as 12 follows: 13 ‘‘(2) the surviving spouse of such individual had 14 been previously married to such individual and sub- 15 sequently divorced (or the surviving partner of such 16 individual had been previously in a domestic partner- 17 ship with such individual which domestic partnership 18 was subsequently terminated), and the aggregate 19 time married (or in a domestic partnership) is at 20 least 9 months.’’; 21 (7) in subsection (g), by striking ‘‘widow or 22 widower’’ and inserting ‘‘widow, widower (or sur- 23 viving partner)’’ each place it appears; and 24 (8) in subsection (h)— 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 67 •S 1910 IS (A) by striking ‘‘widow or widower’’ each 1 place it appears and inserting ‘‘widow or wid- 2 ower (or surviving partner)’’; and 3 (B) by inserting ‘‘(or former domestic 4 partner)’’ after ‘‘former spouse’’ each place it 5 appears. 6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 7 The table of sections for chapter 84 is amended by strik- 8 ing the item relating to section 8442 and inserting the 9 following: 10 ‘‘8442. Rights of a widow or widower (or surviving partner).’’. SEC. 333. RIGHTS OF A CHILD. 11 Section 8443(b) is amended by striking subparagraph 12 (E) and the matter following that subparagraph and in- 13 serting the following: 14 ‘‘(E) dies or marries (or enters into a do- 15 mestic partnership); 16 whichever occurs first. On the death of the surviving 17 wife or husband (or surviving domestic partner), or 18 former wife or husband (or former domestic part- 19 ner), or termination of the annuity of a child, the 20 annuity of any other child or children shall be re- 21 computed and paid as though the wife or husband 22 (or domestic partner), former wife or husband (or 23 former domestic partner), or child had not survived 24 the annuitant, employee, or Member. If the annuity 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 68 •S 1910 IS of a child under this subchapter terminates under 1 subparagraph (E) because of marriage (or domestic 2 partnership), then, if such marriage (or domestic 3 partnership) ends, such annuity shall resume on the 4 first day of the month in which it ends, but only if 5 any lump sum paid is returned to the Fund, and 6 that individual is not otherwise ineligible for such 7 annuity.’’. 8 SEC. 334. RIGHTS OF A FORMER SPOUSE OR FORMER DO- 9 MESTIC PARTNER. 10 (a) IN GENERAL.—Section 8445 is amended— 11 (1) in the section heading, by inserting ‘‘(or 12 former domestic partner)’’ after ‘‘former 13 spouse’’; 14 (2) in subsection (a), by inserting ‘‘(or former 15 domestic partner)’’ after ‘‘former spouse’’; 16 (3) in subsection (b)— 17 (A) by inserting ‘‘(or former domestic part- 18 ner)’’ after ‘‘former spouse’’ each place it ap- 19 pears; and 20 (B) by inserting ‘‘(or surviving partner)’’ 21 after ‘‘widow or widower’’; 22 (4) in subsection (c)(2), by inserting ‘‘(or enters 23 into a domestic partnership) (or the former domestic 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 69 •S 1910 IS partner enters into a subsequent domestic partner- 1 ship or marries)’’ after ‘‘remarries’’; 2 (5) in subsection (e), by inserting ‘‘(or former 3 domestic partner)’’ after ‘‘former spouse’’ each place 4 it appears; and 5 (6) by amending subsection (h) to read as fol- 6 lows: 7 ‘‘(h)(1) Subsection (c)(2), to the extent that it pro- 8 vides for termination of a survivor annuity because of a 9 subsequent entry into a marriage (or domestic partner- 10 ship) before age 55, shall not apply if the former spouse 11 (or former domestic partner) was married to (or in a do- 12 mestic partnership with) the individual on whose service 13 the survivor annuity is based for at least 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6211 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 70 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 71 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 72 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 73 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 74 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 75 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 76 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 77 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 78 •S 1910 IS (2) by inserting ‘‘(or former domestic partner)’’ 1 after ‘‘or former spouse’’. 2 (j) EFFECTIVE DATE.—The amendments made by 3 this section shall apply with respect to contract years be- 4 ginning after the end of the 6-month period beginning on 5 the date of the enactment of this Act. 6 SEC. 403. ENHANCED DENTAL BENEFITS. 7 (a) IN GENERAL.—Chapter 89A is amended— 8 (1) in section 8956(a)— 9 (A) by inserting ‘‘or domestic partner’’ 10 after ‘‘a spouse’’; and 11 (B) by striking ‘‘either spouse,’’ and in- 12 serting ‘‘either spouse (or either domestic part- 13 ner, as the case may be),’’; and 14 (2) in section 8957, by striking ‘‘surviving 15 spouse,’’ and inserting ‘‘surviving spouse (or sur- 16 viving domestic partner),’’. 17 (b) EFFECTIVE DATE.—The amendments made by 18 this section shall apply with respect to contract years be- 19 ginning after the end of the 6-month period beginning on 20 the date of the enactment of this Act. 21 SEC. 404. ENHANCED VISION BENEFITS. 22 (a) IN GENERAL.—Chapter 89B is amended— 23 (1) in section 8986(a)— 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 79 •S 1910 IS (A) by inserting ‘‘(or domestic partner)’’ 1 after ‘‘a spouse’’; and 2 (B) by striking ‘‘either spouse,’’ and in- 3 serting ‘‘either spouse (or either domestic part- 4 ner, as the case may be),’’; and 5 (2) in section 8987, by striking ‘‘surviving 6 spouse,’’ and inserting ‘‘surviving spouse (or sur- 7 viving domestic partner),’’. 8 (b) EFFECTIVE DATE.—The amendments made by 9 this section shall apply with respect to contract years be- 10 ginning after the end of the 6-month period beginning on 11 the date of the enactment of this Act. 12 SEC. 405. LONG-TERM CARE INSURANCE. 13 (a) IN GENERAL.—Chapter 90 is amended— 14 (1) in section 9001(5), by redesignating sub- 15 paragraph (D) as subparagraph (E) and by insert- 16 ing after subparagraph (C) the following: 17 ‘‘(D)(i) a domestic partner (as that term is 18 defined in section 2501) of an individual de- 19 scribed in paragraph (1), (2), (3), or (4); 20 ‘‘(ii) a child of a domestic partner referred 21 to in clause (i), if such child is at least 18 years 22 of age; and 23 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 80 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 81 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 82 •S 1910 IS SEC. 504. TAXES ON REIMBURSEMENTS FOR TRAVEL, 1 TRANSPORTATION, AND RELOCATION EX- 2 PENSES OF EMPLOYEES TRANSFERRED. 3 (a) IN GENERAL.—Section 5724b is amended— 4 (1) in subsection (a), by striking ‘‘(if filing 5 jointly),’’ and inserting ‘‘by an employee and such 6 employee’s spouse (or, where allowable, such employ- 7 ee’s domestic partner), if filing jointly,’’; and 8 (2) in subsection (b), by striking ‘‘employee and 9 spouse, as the case may be,’’ and inserting ‘‘em- 10 ployee and spouse (or domestic partner), as the case 11 may be’’. 12 (b) EFFECTIVE DATE.—The amendments made by 13 this section shall apply with respect to taxable years begin- 14 ning after the end of the 6-month period beginning on the 15 date of the enactment of this Act. 16 SEC. 505. RELOCATION EXPENSES OF AN EMPLOYEE WHO 17 IS PERFORMING AN EXTENDED ASSIGNMENT. 18 (a) IN GENERAL.—Section 5737(a)(4) is amended by 19 inserting ‘‘(or domestic partner)’’ after ‘‘employee and 20 spouse’’. 21 (b) EFFECTIVE DATE.—The amendment made by 22 this section shall apply with respect to expenses incurred 23 after the end of the 6-month period beginning on the date 24 of the enactment of this Act. 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 83 •S 1910 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) in paragraph (8), by striking ‘‘married 24 brothers or married sisters;’’ and inserting ‘‘any 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 84 •S 1910 IS brother or sister who is married (or is in a domestic 1 partnership);’’; 2 (2) in paragraph (9)— 3 (A) by inserting ‘‘(or children of the em- 4 ployee’s domestic partner not adopted by or 5 otherwise the children of the employee)’’ after 6 ‘‘stepchildren’’; and 7 (B) by striking ‘‘married children’’ and in- 8 serting ‘‘any child who is married (or in a do- 9 mestic partnership)’’; 10 (3) in paragraph (18), by striking ‘‘and’’ at the 11 end; 12 (4) in paragraph (19), by striking ‘‘and’’ at the 13 end; 14 (5) in paragraph (20), by striking the period 15 and inserting a semicolon; and 16 (6) by adding at the end the following: 17 ‘‘(21) ‘domestic partner’ means an individual 18 who is in a domestic partnership with another indi- 19 vidual, as determined by the Secretary of Labor for 20 purposes of this subchapter under regulations issued 21 by the Secretary, in consultation with the Director 22 of the Office of Personnel Management— 23 ‘‘(A) who are of the same sex; 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 85 •S 1910 IS ‘‘(B) at least 1 of whom is an employee or 1 an individual otherwise eligible for coverage 2 under this subchapter (or any application or ex- 3 tension thereof) based on such individual’s em- 4 ployment or other service; 5 ‘‘(C)(i) who are in a committed domestic- 6 partnership relationship with each other satis- 7 fying the conditions in clauses (ii), (iii), and (iv) 8 and intend to remain so indefinitely; 9 ‘‘(ii) who have a common residence and in- 10 tend to continue to do so (or would have a com- 11 mon residence, but are prevented from doing so 12 because of such reasons as an assignment 13 abroad or other employment-related factors, fi- 14 nancial considerations, family responsibilities or 15 other such reasons); 16 ‘‘(iii) who share responsibility for a signifi- 17 cant measure of each other’s welfare and finan- 18 cial obligations; and 19 ‘‘(iv) neither of whom is married to or in 20 a domestic partnership with anyone except each 21 other; 22 ‘‘(D) who are at least 18 years of age and 23 mentally competent to consent to a contract; 24 and 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 86 •S 1910 IS ‘‘(E) who are not related to each other by 1 blood in a way that would prohibit legal mar- 2 riage between individuals otherwise eligible to 3 marry in the jurisdiction (or, if applicable, in 4 any jurisdiction) in which the individuals have 5 a common residence; and 6 ‘‘(22) ‘surviving partner’ means the domestic 7 partner in a domestic partnership with the decedent 8 at the time of his or her death.’’. 9 SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN 10 CONNECTION WITH EMPLOYEE’S SERVICE 11 WITH AN ARMED FORCE. 12 Section 8102a(d) is amended— 13 (1) in paragraph (1)(A), by striking ‘‘surviving 14 spouse.’’ and inserting ‘‘surviving spouse (or sur- 15 viving partner).’’; and 16 (2) in paragraph (2)(C), by inserting ‘‘(or chil- 17 dren of the employee’s domestic partner not adopted 18 by or otherwise the children of the employee)’’ after 19 ‘‘stepchildren’’. 20 SEC. 603. BENEFICIARIES OF AWARDS UNPAID AT DEATH; 21 ORDER OF PRECEDENCE. 22 Section 8109(a)(D) is amended— 23 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 87 •S 1910 IS (1) in clause (i), by striking ‘‘the widow or wid- 1 ower.’’ and inserting ‘‘the widow or widower (or the 2 surviving partner).’’; 3 (2) in clause (ii)— 4 (A) by inserting ‘‘(or a surviving partner)’’ 5 after ‘‘a widow or widower’’; and 6 (B) by inserting ‘‘(or the surviving part- 7 ner)’’ after ‘‘the widow or widower’’; and 8 (3) in clause (iii), by striking ‘‘no widow or wid- 9 ower,’’ and inserting ‘‘no widow or widower (and no 10 surviving partner),’’. 11 SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS. 12 Section 8110(a) is amended— 13 (1) in paragraph (3)— 14 (A) by striking ‘‘an unmarried child’’ and 15 inserting ‘‘a child who is unmarried (and not in 16 a domestic partnership)’’; and 17 (B) by striking ‘‘and’’ at the end; 18 (2) in paragraph (4), by striking the period and 19 inserting ‘‘; and’’; 20 (3) by inserting after paragraph (4) the fol- 21 lowing: 22 ‘‘(5) a domestic partner, if— 23 ‘‘(A) he or she is a member of the same 24 household as the employee; 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 88 •S 1910 IS ‘‘(B) he or she is receiving regular con- 1 tributions from the employee for his or her sup- 2 port; or 3 ‘‘(C) the employee has been ordered by a 4 court to contribute to his or her support.’’; and 5 (4) in the last sentence, by striking ‘‘he mar- 6 ries.’’ and inserting ‘‘he marries (or enters into a do- 7 mestic partnership).’’. 8 SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSA- 9 TION. 10 Section 8116(c) is amended by striking ‘‘spouse,’’ 11 and inserting ‘‘spouse (or domestic partner),’’. 12 SEC. 606. COMPENSATION IN CASE OF DEATH. 13 Section 8133 is amended— 14 (1) in subsection (a)— 15 (A) in paragraphs (1) and (2), by striking 16 ‘‘the widow or widower,’’ and inserting ‘‘the 17 widow or widower (or the surviving partner),’’; 18 and 19 (B) in paragraph (2), by inserting ‘‘(or the 20 surviving partner)’’ after ‘‘for the widow or wid- 21 ower’’; 22 (C) in paragraph (3), by striking ‘‘no 23 widow or widower,’’ and inserting ‘‘no widow or 24 widower (and no surviving partner),’’; and 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 89 •S 1910 IS (D) in paragraphs (4) and (5), by striking 1 ‘‘widower,’’ and inserting ‘‘widower (or sur- 2 viving partner),’’ each place it appears; and 3 (2) in subsection (b)— 4 (A) by amending paragraph (1) to read as 5 follows: 6 ‘‘(1) a widow or widower dies or remarries (or 7 enters into a domestic partnership) (or a surviving 8 partner dies or enters into a subsequent domestic 9 partnership or marries) before reaching age 55;’’; 10 and 11 (B) in paragraphs (2) and (3), by striking 12 ‘‘marries,’’ each place that term appears and 13 inserting ‘‘marries (or enters into a domestic 14 partnership),’’; and 15 (C) in the matter following paragraph 16 (3)— 17 (i) in the first sentence, by striking 18 ‘‘marries.’’ and inserting ‘‘marries (or en- 19 ters into a domestic partnership).’’; and 20 (ii) in the second sentence, by insert- 21 ing ‘‘(or domestic partner) (or a surviving 22 partner who has entitlements to benefits 23 under this title derived from more than 1 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 90 •S 1910 IS domestic partner or spouse)’’ after ‘‘hus- 1 band or wife’’. 2 SEC. 607. LUMP-SUM PAYMENT. 3 Section 8135 is amended— 4 (1) in subsection (a), by inserting ‘‘(or sur- 5 viving partner)’’ after ‘‘widow or widower’’; and 6 (2) by striking subsection (b) and inserting the 7 following: 8 ‘‘(b) A widow or widower on remarriage (or on entry 9 into a domestic partnership) before reaching age 55 (or 10 a surviving partner on entry into a subsequent domestic 11 partnership or on marriage before age 55) who is entitled 12 to compensation under section 8133 of this title, shall be 13 paid a lump sum equal to 24 times the monthly compensa- 14 tion payment (excluding compensation on account of an- 15 other individual) to which that individual was entitled im- 16 mediately before the remarriage (or entry into a domestic 17 partnership) (or, in the case of a surviving partner, imme- 18 diately before entry into the subsequent domestic partner- 19 ship or the marriage).’’. 20 SEC. 608. EMPLOYEES OF NONAPPROPRIATED FUND IN- 21 STRUMENTALITIES. 22 (a) IN GENERAL.—Section 8171 is amended by add- 23 ing at the end the following: 24 ‘‘(e)(1) For the purpose of this section— 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 91 •S 1910 IS ‘‘(A) the term ‘domestic partner’ means an in- 1 dividual who is in a domestic partnership with an- 2 other individual, as determined by the Secretary of 3 Labor for purposes of this subchapter under regula- 4 tions issued by the Secretary, in consultation with 5 the Director of the Office of Personnel Manage- 6 ment— 7 ‘‘(i) who are of the same sex; 8 ‘‘(ii) at least 1 of whom is an employee or 9 an individual otherwise eligible for coverage 10 under this subchapter (or any application or ex- 11 tension thereof) based on such individual’s em- 12 ployment or other service; 13 ‘‘(iii)(I) who are in a committed domestic- 14 partnership relationship with each other satis- 15 fying the conditions in subclauses (II), (III), 16 and (IV) and intend to remain so indefinitely; 17 ‘‘(II) who have a common residence and 18 intend to continue to do so (or would have a 19 common residence, but are prevented from 20 doing so because of such reasons as an assign- 21 ment abroad or other employment-related fac- 22 tors, financial considerations, family responsibil- 23 ities or other such reasons); 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 92 •S 1910 IS ‘‘(III) who share responsibility for a sig- 1 nificant measure of each other’s welfare and fi- 2 nancial obligations; and 3 ‘‘(IV) neither of whom is married to or in 4 a domestic partnership with anyone except each 5 other; 6 ‘‘(iv) who are at least 18 years of age and 7 mentally competent to consent to a contract; 8 and 9 ‘‘(v) 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 ‘‘(B) the term ‘surviving partner’ means the de- 16 cedent’s domestic partner at the time of his or her 17 death. 18 ‘‘(2) In the application of the Longshore and Harbor 19 Workers’ Compensation Act under this subchapter— 20 ‘‘(A) section 2(14) of that Act shall apply as 21 though— 22 ‘‘(i) ‘(or child of the domestic partner of 23 an employee or volunteer referred to in section 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 93 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 94 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 95 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 96 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 97 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 98 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 99 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 100 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 101 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 102 •S 1910 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, shall be deemed to be included in 22 the term ‘son or daughter’ as defined in that 23 section; and 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 103 •S 1910 IS ‘‘(C) if the covered employee and the do- 1 mestic partner of the covered employee are em- 2 ployed by the same employing office, the limit 3 on the aggregate number of workweeks of leave 4 to which both may be entitled, as stated in sec- 5 tion 102(f) of that Act, shall apply.’’. 6 SEC. 703. SETTLEMENT OF ACCOUNTS. 7 Section 5582(b) is amended by inserting ‘‘(or sur- 8 viving domestic partner (as defined under section 2501))’’ 9 after ‘‘widow or widower’’. 10 SEC. 704. PAYMENTS TO MISSING EMPLOYEES. 11 (a) DEFINITIONS.—Section 5561 is amended— 12 (1) in paragraph (3)— 13 (A) in subparagraph (A), by striking 14 ‘‘wife’’ and inserting ‘‘spouse (or domestic part- 15 ner)’’; and 16 (B) by striking subparagraph (B) and in- 17 serting— 18 ‘‘(B) a child, including a dependent adopt- 19 ed child (or a dependent child of a domestic 20 partner not adopted by or otherwise the child of 21 the employee), who is— 22 ‘‘(i) unmarried (and not in a domestic 23 partnership); and 24 ‘‘(ii) under 21 years of age;’’; 25 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 104 •S 1910 IS (2) in paragraph (5)(E), by striking ‘‘and’’ at 1 the end; 2 (3) in paragraph (6)(F), by striking the period 3 at the end and inserting ‘‘; and’’; and 4 (4) by adding at the end the following: 5 ‘‘(7) ‘domestic partner’ and ‘domestic partner- 6 ship’ have the meanings given under section 2501.’’. 7 (b) BENEFITS FOR CAPTIVES.—Section 5569 is 8 amended by inserting ‘‘(or domestic partner)’’ after 9 ‘‘spouse’’ each place it appears. 10 SEC. 705. COMPENSATION FOR DISABILITY OR DEATH. 11 Section 5570(a)(2)(B) is amended by striking 12 ‘‘household.’’ and inserting ‘‘household (including a do- 13 mestic partner (as defined in section 2501) of the em- 14 ployee).’’. 15 SEC. 706. ANNUITY OF THE COMPTROLLER GENERAL. 16 (a) DEFINITIONS.—Section 771 of title 31, United 17 States Code, is amended— 18 (1) in the matter preceding paragraph (1), by 19 striking ‘‘subchapter—’’ and inserting ‘‘sub- 20 chapter:’’; 21 (2) in paragraph (1)— 22 (A) by inserting ‘‘The term’’ after ‘‘(1)’’; 23 and 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 105 •S 1910 IS (B) by inserting ‘‘(or the child of a report- 1 ing Comptroller General’s domestic partner not 2 adopted by or otherwise the child of the Comp- 3 troller General)’’ after ‘‘including a stepchild’’; 4 and 5 (3) by striking paragraphs (2) and (3) and in- 6 serting the following: 7 ‘‘(2) The terms ‘domestic partner’ and ‘domes- 8 tic partnership’ have the meanings given under sec- 9 tion 2501 of title 5. 10 ‘‘(3) The term ‘surviving spouse’ means a sur- 11 viving spouse of an individual who was a Comp- 12 troller General or retired Comptroller General and 13 the spouse— 14 ‘‘(A) was married to the individual for at 15 least 1 year immediately before the individual 16 died; or 17 ‘‘(B) 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 106 •S 1910 IS ‘‘(A) was in a domestic partnership for at 1 least 1 year immediately before the individual 2 died; or 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 107 •S 1910 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 (3) in subsection (e)— 24 VerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 108 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 109 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 110 •S 1910 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 17 domestic partner), or a parent, brother, 18 sister, or child of the reporting individual 19 or of the reporting individual’s spouse (or 20 of 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 111 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 112 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 113 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 114 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 115 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 116 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 117 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS 118 •S 1910 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 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6301 E:\BILLS\S1910.IS S1910 srobinson on DSK4SPTVN1PROD with BILLS