I 

112TH CONGRESS 

1ST SESSION H. R. 3485 

To provide certain benefits to domestic partners of Federal employees. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2011 

Ms. BALDWIN (for herself, Ms. ROS-LEHTINEN, Mr. CICILLINE, Mr. POLIS, 

Mr. FRANK of Massachusetts, Mr. SERRANO, Ms. SPEIER, Mr. HINCHEY, 

Mr. HOLT, Mr. CLAY, Mr. JACKSON of Illinois, Ms. LEE of California, 

Mrs. MALONEY, Mr. SMITH of Washington, Mr. GRIJALVA, Mr. GUTIERREZ, Mrs. DAVIS of California, Mr. LANGEVIN, Ms. TSONGAS, Ms. PINGREE of Maine, Mrs. CAPPS, Mr. HONDA, Mr. STARK, Mr. NADLER, Mr. 

VAN HOLLEN, Mr. LEWIS of Georgia, Ms. MOORE, Mr. MCDERMOTT, 

Mrs. NAPOLITANO, Mr. CROWLEY, Mr. GEORGE MILLER of California, 

Mr. ACKERMAN, Mr. MORAN, Mr. DOGGETT, Ms. ROYBAL-ALLARD, Mr. 

QUIGLEY, Mr. SARBANES, Mr. BERMAN, Mr. CUMMINGS, Mr. CAPUANO, 

Ms. WOOLSEY, Mr. DINGELL, Mr. YARMUTH, Ms. ZOE LOFGREN of California, Mr. FILNER, Ms. DEGETTE, Mr. MICHAUD, Ms. MCCOLLUM, Mr. 

COHEN, Mr. FARR, Ms. SCHAKOWSKY, Mr. ELLISON, Mr. WELCH, and 

Mr. MCGOVERN) introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform, and in addition to the 

Committees on Education and the Workforce, House Administration, and 

the Judiciary, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide certain benefits to domestic partners of Federal 

employees. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON2 TENTS. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Domestic Partnership Benefits and Obligations Act of 

5 2011’’. 

6 (b) REFERENCES.—Except as otherwise expressly 

7 provided, whenever in this Act an amendment or repeal 

8 is expressed in terms of an amendment to, or a repeal 

9 of, a section or other provision, the reference shall be con10 sidered to be made to a section or other provision of title 

11 5, United States Code. 

12 (c) TABLE OF CONTENTS.—The table of contents of 

13 this Act is as follows: 

Sec. 1. Short title; references; table of contents. 

TITLE I—DOMESTIC PARTNERSHIPS 

Sec. 101. Domestic partnerships. 

TITLE II—CIVIL SERVICE RETIREMENT SYSTEM 

Sec. 201. Definitions. 

Sec. 202. Creditable service. 

Sec. 203. Computation of annuity. 

Sec. 204. Cost-of-living adjustment of annuities. 

Sec. 205. Survivor annuities. 

Sec. 206. Lump-sum benefits; designation of beneficiary; order of precedence. 

Sec. 207. Alternative forms of annuities. 

Sec. 208. Administration; regulations. 

Sec. 209. Participation in the Thrift Savings Plan. 

TITLE III—FEDERAL EMPLOYEES’ RETIREMENT SYSTEM 

Sec. 301. Definitions. 

Sec. 302. Creditable service. 

Sec. 303. Survivor reduction for a current spouse or a current domestic partner. 

Sec. 304. Survivor reduction for a former spouse or former domestic partner. 

Sec. 305. Survivor elections; deposit; offsets. 

Sec. 306. Survivor reductions; computation. 

Sec. 307. Insurable interest reductions. 

Sec. 308. Alternative forms of annuities. 


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Sec. 309. Lump-sum benefits; designation of beneficiary; order of precedence. 

Sec. 310. Annuities: methods of payment; election; purchase. 

Sec. 311. Protections for spouses, domestic partners, former spouses, and 

former domestic partners. 

Sec. 312. Justices and judges. 

Sec. 313. Survivor annuities: definitions. 

Sec. 314. Rights of a widow, widower, or surviving partner. 

Sec. 315. Rights of a former spouse or former domestic partner. 

Sec. 316. Authority of the Office of Personnel Management. 

Sec. 317. Cost-of-living adjustments. 

Sec. 318. Fiduciary responsibilities; liability and penalties. 

TITLE IV—INSURANCE BENEFITS 

Sec. 401. Life insurance. 

Sec. 402. Health insurance. 

Sec. 403. Enhanced dental benefits. 

Sec. 404. Enhanced vision benefits. 

Sec. 405. Long-term care insurance. 

TITLE V—TRAVEL, TRANSPORTATION, AND SUBSISTENCE 

Sec. 501. Reimbursement for taxes incurred on money received for travel expenses. 

Sec. 502. Relocation expenses of employees transferred or reemployed. 

Sec. 503. Taxes on reimbursements for travel, transportation, and relocation 

expenses of employees transferred. 

Sec. 504. Relocation expenses of an employee who is performing an extended 

assignment. 

TITLE VI—COMPENSATION FOR WORK INJURIES 

Sec. 601. Definitions. 

Sec. 602. Death gratuity for injuries incurred in connection with employee’s 

service with an Armed Force. 

Sec. 603. Beneficiaries of awards unpaid at death; order of precedence. 

Sec. 604. Augmented compensation for dependents. 

Sec. 605. Limitations on right to receive compensation. 

Sec. 606. Compensation in case of death. 

Sec. 607. Lump-sum payment. 

Sec. 608. Regulations. 

Sec. 609. Effective date. 

TITLE VII—PROVISIONS RELATING TO EMPLOYMENT OF 

RELATIVES AND OTHER MATTERS 

Sec. 701. Employment of relatives; restrictions. 

Sec. 702. Settlement of accounts. 

Sec. 703. Benefits for captives. 

Sec. 704. Compensation for disability or death. 

Sec. 705. Family and medical leave. 

TITLE VIII—ADDITIONAL PROVISIONS 

Sec. 801. Applicability. 

Sec. 802. Regulations. 


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TITLE IX—AMENDMENT TO THE ETHICS IN GOVERNMENT ACT 

OF 1978 

Sec. 901. Amendment to the Ethics in Government Act of 1978. 

TITLE X—REPORTING REQUIREMENTS 

Sec. 1001. Report of the president. 

Sec. 1002. GAO report. 

1 TITLE I—DOMESTIC 

2 PARTNERSHIPS 

3 SEC. 101. DOMESTIC PARTNERSHIPS. 

4 (a) IN GENERAL.—Chapter 21 is amended by adding 

5 at the end the following: 

6 ‘‘§ 2110. Domestic partnerships 

7 ‘‘(a) ESTABLISHMENT.—To establish the existence of 

8 a domestic partnership, between an employee, former em9 ployee, or annuitant and another individual, for purposes 

10 of the provisions of law to which this section applies, the 

11 employee, former employee, or annuitant (as the case may 

12 be) shall be required to file an affidavit, in such form and 

13 manner as the Office of Personnel Management shall by 

14 regulation prescribe, attesting to the following: 

15 ‘‘(1) Both individuals are members of the same 

16 sex. 

17 ‘‘(2) Both individuals are at least 18 years of 

18 age and competent to contract. 

19 ‘‘(3) The filing employee, former employee, or 

20 annuitant (as the case may be) has notified the 

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1 ing that their partnership satisfies the requirements 

2 of this subsection. 

3 ‘‘(4) Such individuals are in a domestic partner4 ship with one another and intend to remain so in5 definitely. 

6 ‘‘(5) Such individuals— 

7 ‘‘(A) have a common residence; or 

8 ‘‘(B) do not have a common residence be9 cause of financial, employment-related, or other 

10 reasons, as identified in the affidavit. 

11 ‘‘(6) Neither individual is married to or in a do12 mestic partnership with anyone outside of the do13 mestic partnership referred to in paragraph (4). 

14 ‘‘(7) The 2 individuals share responsibility for 

15 a significant measure of each other’s common wel16 fare and financial obligations. 

17 ‘‘(8) The 2 individuals are not related in a way 

18 that, if they were of the opposite sex, would prohibit 

19 legal marriage in the jurisdiction in which either in20 dividual resides. 

21 ‘‘(9) The filing employee, former employee, or 

22 annuitant (as the case may be) understands that 

23 willful falsification of information set forth in the af24 fidavit or failure to provide appropriate notification 

25 of the termination of the domestic partnership may 


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1 lead to the recovery of amounts obtained as a result 

2 of such falsification or failure (as the case may be), 

3 criminal or other penalties, and (in appropriate 

4 cases) disciplinary action. 

5 An affidavit shall not be effective for purposes of this sec6 tion unless the filing individual is an employee, former em7 ployee, or annuitant as of the time of filing. No 2 individ8 uals shall, for purposes of the provisions of law to which 

9 this section applies, be treated as being in a domestic part10 nership with one another unless there is in effect, in ac11 cordance with regulations prescribed by the Office, an affi12 davit filed in accordance with the preceding provisions of 

13 this subsection. An affidavit so filed shall remain in effect 

14 until the earlier of the date of the death of either indi15 vidual or the date as of which the domestic partnership 

16 is otherwise terminated, as determined under such regula17 tions. 

18 ‘‘(b) DOMESTIC PARTNER.—For purposes of the pro19 visions of law to which this section applies, the term ‘do20 mestic partner’ means an individual who is in a domestic 

21 partnership, as described in subsection (a). 

22 ‘‘(c) EMPLOYEE DEFINED.—For purposes of this 

23 section, the term ‘employee’ means an employee as defined 

24 by section 2105, an employee of a nonappropriated fund 

25 instrumentality of the Department of Defense or the Coast 


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1 Guard (as described in section 2105(c)), an employee of 

2 the United States Postal Service or of the Postal Regu3 latory Commission (as described in section 2105(e)), a 

4 Member of Congress, a member of the commissioned corps 

5 of the Public Health Service, a member of the commis6 sioned corps of the National Oceanic and Atmospheric Ad7 ministration, and any other individual who is employed by 

8 the Government (as determined under regulations of the 

9 President or a designee thereof), but does not include a 

10 technician (within the meaning of section 8337(h) or, not11 withstanding any provision of chapter 43 of title 38, a 

12 member of the armed forces. 

13 ‘‘(d) ANNUITANT DEFINED.—For purposes of this 

14 section, the term ‘annuitant’ means— 

15 ‘‘(1) an annuitant within the meaning of section 

16 8331 or 8401; and 

17 ‘‘(2) as determined under regulations prescribed 

18 by the President or a designee thereof, any other in19 dividual who is entitled to benefits (based on the 

20 service of such individual) under a retirement system 

21 for employees of the Government. 

22 ‘‘(e) CONFIDENTIALITY.—No individual may— 

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1 tration of any provision of law to which this section 

2 applies; or 

3 ‘‘(2) furnish any information obtained under 

4 subsection (a) to anyone, or permit anyone to exam5 ine or otherwise gain access to any such information, 

6 except for— 

7 ‘‘(A) an individual who needs such infor8 mation for a purpose that satisfies paragraph 

9 (1); or 

10 ‘‘(B) a member of the domestic partner11 ship to which the information pertains or an 

12 authorized representative thereof. 

13 ‘‘(f) APPLICABILITY.—This section applies for pur14 poses of the provisions of this title (excluding chapter 81) 

15 and any provision of law identified in or under title VIII 

16 of the Domestic Partnership Benefits and Obligations Act 

17 of 2011.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 for chapter 21 is amended by adding at the end the fol20 lowing: 

‘‘2110. Domestic partnerships.’’. 

21 TITLE II—CIVIL SERVICE 

22 RETIREMENT SYSTEM 

23 SEC. 201. DEFINITIONS. 

24 Section 8331 is amended— 


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1 (1) in paragraph (30), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (31), by striking the period 

4 and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(32) ‘former domestic partner’ means a former 

7 domestic partner of an individual— 

8 ‘‘(A) if such individual performed at least 

9 18 months of civilian service as an employee or 

10 Member; and 

11 ‘‘(B) if the former domestic partner was in 

12 a domestic partnership with such individual for 

13 at least 9 months.’’. 

14 SEC. 202. CREDITABLE SERVICE. 

15 Section 8332 is amended— 

16 (1) in subsection (c)(3)(C)(ii), by striking 

17 ‘‘former spouse.’’ and inserting ‘‘former spouse or 

18 former domestic partner.’’; and 

19 (2) in paragraphs (4) and (5) of subsection (o), 

20 by striking ‘‘spouse’’ each place it appears and in21 serting ‘‘spouse, domestic partner,’’. 

22 SEC. 203. COMPUTATION OF ANNUITY. 

23 Section 8339 is amended— 

24 (1) in subsection (j)— 

25 (A) in paragraph (1)— 


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1 (i) by inserting ‘‘(or domestic part2 ner)’’ after ‘‘the spouse’’ each place it ap3 pears; 

4 (ii) by inserting ‘‘(or has a domestic 

5 partner)’’ after ‘‘is married’’; and 

6 (iii) by inserting ‘‘(or domestic part7 ner’s)’’ after ‘‘the spouse’s’’ each place it 

8 appears; 

9 (B) in paragraph (2), by inserting ‘‘(or 

10 former domestic partner)’’ after ‘‘former 

11 spouse’’ each place it appears; 

12 (C) in paragraph (3)— 

13 (i) in the first sentence— 

14 (I) by inserting ‘‘(or former do15 mestic partner)’’ after ‘‘former 

16 spouse’’ each place it appears; and 

17 (II) by inserting ‘‘(or being in a 

18 domestic partnership with)’’ after 

19 ‘‘based on marriage to’’; 

20 (ii) in the second sentence— 

21 (I) by inserting ‘‘(or the domestic 

22 partnership of the former domestic 

23 partner with)’’ after ‘‘the marriage of 

24 the former spouse to’’; and 


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1 (II) by striking ‘‘is dissolved,’’ 

2 and inserting ‘‘is dissolved (or termi3 nated),’’; 

4 (iii) in the sixth sentence, by striking 

5 ‘‘former spouse.’’ and inserting ‘‘former 

6 spouse (or former domestic partner).’’; 

7 (iv) in subparagraph (B)— 

8 (I) by striking ‘‘is then married,’’ 

9 and inserting ‘‘is then married (or is 

10 then in a domestic partnership),’’; and 

11 (II) by striking ‘‘the spouse’s 

12 written consent.’’ and inserting ‘‘the 

13 written consent of the spouse (or do14 mestic partner).’’; and 

15 (v) by amending the next to last sen16 tence to read as follows: ‘‘In the case of a 

17 retired employee or Member whose annuity 

18 is being reduced in order to provide a sur19 vivor annuity for a former spouse (or 

20 former domestic partner), an election to 

21 provide or increase a survivor annuity for 

22 any other former spouse (or any other 

23 former domestic partner), and to continue 

24 an appropriate reduction for that purpose, 

25 may be made within the same period that, 


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1 and subject to the same conditions under 

2 which, an election could be made under 

3 paragraph (5)(B) for a current spouse (or 

4 a current domestic partner), subject to the 

5 provisions of this paragraph relating to 

6 consent of a current spouse (or of a cur7 rent domestic partner), if the retired em8 ployee or Member is then married (or in a 

9 domestic partnership).’’; and 

10 (D) by amending paragraph (5) to read as 

11 follows: 

12 ‘‘(5)(A) Any reduction in an annuity for the purpose 

13 of providing a survivor annuity for the current spouse (or 

14 the current domestic partner) of a retired employee or 

15 Member shall be terminated for each full month— 

16 ‘‘(i) after the death of the spouse (or domestic 

17 partner), or 

18 ‘‘(ii) after the dissolution of the marriage of the 

19 spouse (or the termination of the domestic partner20 ship of the domestic partner) to the employee or 

21 Member, 

22 except that an appropriate reduction shall be made there23 after if the spouse (or domestic partner) is entitled, as 

24 a former spouse (or former domestic partner), to a sur25 vivor annuity under section 8341(h). 


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1 ‘‘(B) Any reduction in an annuity for the purpose of 

2 providing a survivor annuity for a former spouse (or a 

3 former domestic partner) of a retired employee or Member 

4 shall be terminated for each full month after the former 

5 spouse remarries (or the former domestic partner enters 

6 into a subsequent domestic partnership) before reaching 

7 age 55 or dies. This reduction shall be replaced by an ap8 propriate reduction or reductions under paragraph (4) if 

9 the retired employee or Member has (i) another former 

10 spouse (or another former domestic partner) who is enti11 tled to a survivor annuity under section 8341(h), (ii) a 

12 current spouse to whom the employee or Member was mar13 ried (or a current domestic partner with whom the em14 ployee or Member was in a domestic partnership) at the 

15 time of retirement and with respect to whom a survivor 

16 annuity was not jointly waived under paragraph (1), or 

17 (iii) a current spouse whom the employee or Member mar18 ried (or a current domestic partner with whom the em19 ployee or Member entered into domestic partnership) after 

20 retirement and with respect to whom an election has been 

21 made under subparagraph (C) or subsection (k)(2). 

22 ‘‘(C)(i) Upon remarriage (or entry into a subsequent 

23 domestic partnership), a retired employee or Member who 

24 was married (or in a domestic partnership) at the time 

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1 nuity was not reduced to provide a survivor annuity for 

2 the employee’s or Member’s spouse or former spouse (or 

3 domestic partner or former domestic partner) as of the 

4 time of retirement, may irrevocably elect during such mar5 riage (or domestic partnership), in a signed writing re6 ceived by the Office— 

7 ‘‘(I) within 2 years after such remarriage (or 

8 such subsequent domestic partnership), or 

9 ‘‘(II) if later, within 2 years after— 

10 ‘‘(aa) the death or remarriage of any 

11 former spouse (or the death of or entry into a 

12 subsequent domestic partnership by any former 

13 domestic partner) of such employee or Member 

14 who was entitled to a survivor annuity under 

15 section 8341(h), or 

16 ‘‘(bb) if there was more than 1, the death 

17 or remarriage of the last such surviving former 

18 spouse (or the death of or entry into a subse19 quent domestic partnership by the last such 

20 surviving former domestic partner), 

21 a reduction in the employee’s or Member’s annuity under 

22 paragraph (4) for the purpose of providing an annuity for 

23 such employee’s or Member’s spouse (or domestic partner) 

24 in the event such spouse (or domestic partner) survives 

25 the employee or Member. 


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1 ‘‘(ii) Such election and reduction shall be effective the 

2 first day of the second month after the election is received 

3 by the Office, but not less than 9 months after the date 

4 of the remarriage (or entry into the subsequent domestic 

5 partnership), and the retired employee or Member shall 

6 deposit in the Fund an amount determined by the Office 

7 of Personnel Management, as nearly as may be adminis8 tratively feasible, to reflect the amount by which the annu9 ity of such retired employee or Member would have been 

10 reduced if the election had been in effect since the date 

11 of retirement or, if later, the date the previous reduction 

12 in such retired employee’s or Member’s annuity was termi13 nated under subparagraph (A) or (B), plus interest. For 

14 the purposes of the preceding sentence, the annual rate 

15 of interest for each year during which an annuity would 

16 have been reduced if the election had been in effect on 

17 and after the applicable date referred to in such sentence 

18 shall be 6 percent. 

19 ‘‘(iii) The Office shall, by regulation, provide for pay20 ment of the deposit required under clause (ii) by a reduc21 tion in the annuity of the employee or Member. The reduc22 tion shall, to the extent practicable, be designed so that 

23 the present value of the future reduction is actuarially 

24 equivalent to the deposit required under clause (ii), except 

25 that total reductions in the annuity of an employee or 


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1 Member to pay deposits required by the provisions of this 

2 paragraph or paragraph (3) shall not exceed 25 percent 

3 of the annuity computed under subsections (a) through 

4 (i), (n), (q), and (r), including adjustments under section 

5 8340. The reduction required by this clause, which shall 

6 be effective on the same date as the election under clause 

7 (i), shall be permanent and unaffected by any future dis8 solution of the marriage (or termination of the domestic 

9 partnership). Such reduction shall be independent of and 

10 in addition to the reduction required under clause (i). 

11 ‘‘(iv) Notwithstanding any other provision of this sub12 paragraph, an election under this subparagraph may not 

13 be made for the purpose of providing an annuity in the 

14 case of a spouse by remarriage (or a domestic partner by 

15 a subsequent domestic partnership) if such spouse was 

16 married to (or if such domestic partner was in a domestic 

17 partnership with) the employee or Member at the time of 

18 such employee’s or Member’s retirement, and all rights to 

19 survivor benefits for such spouse (or domestic partner) 

20 under this subchapter based on marriage (or domestic 

21 partnership) to such employee or Member were then 

22 waived under paragraph (1) or a similar prior provision 

23 of law. 

24 ‘‘(v) An election to provide a survivor annuity to a 

25 person under this subparagraph— 


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1 ‘‘(I) shall prospectively void any election made 

2 by the employee or Member under subsection (k)(1) 

3 with respect to such person; or 

4 ‘‘(II) shall, if an election was made by the em5 ployee or Member under such subsection (k)(1) with 

6 respect to a different person, prospectively void such 

7 election if appropriate written application is made by 

8 such employee or Member at the time of making the 

9 election under this subparagraph. 

10 ‘‘(vi) The deposit provisions of clauses (ii) and (iii) 

11 shall not apply if— 

12 ‘‘(I) the employee or Member makes an election 

13 under this subparagraph after having made an elec14 tion under subsection (k)(1); and 

15 ‘‘(II) the election under subsection (k)(1) be16 comes void under clause (v).’’; 

17 (2) in subsection (k)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘a married employee or 

20 Member’’ and inserting ‘‘an employee or 

21 Member who is married (or in a domestic 

22 partnership)’’; and 

23 (ii) by inserting ‘‘(or domestic part24 ner)’’ after ‘‘spouse’’ each place it appears; 

25 (B) in paragraph (2)— 


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1 (i) by striking the matter before sub2 paragraph (B) and inserting the following: 

3 ‘‘(2)(A) An employee or Member, who is unmarried 

4 (and not in a domestic partnership) at the time of retiring 

5 under a provision of law which permits election of a re6 duced annuity with a survivor annuity payable to such em7 ployee’s or Member’s spouse (or domestic partner) and 

8 who later marries (or enters into a domestic partnership), 

9 may irrevocably elect, in a signed writing received in the 

10 Office— 

11 ‘‘(i) within 2 years after such employee or 

12 Member marries (or enters into a domestic partner13 ship), or 

14 ‘‘(ii) if later, within 2 years after— 

15 ‘‘(I) the death or remarriage of any former 

16 spouse (or the death of or entry into a subse17 quent domestic partnership by any former do18 mestic partner) of such employee or Member 

19 who was entitled to a survivor annuity under 

20 section 8341(h), or 

21 ‘‘(II) if there was more than 1, the death 

22 (or entry into a subsequent domestic partner23 ship) by the last such surviving former spouse 

24 (or surviving former domestic partner), 


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1 a reduction in the retired employee or Member’s current 

2 annuity as provided in subsection (j).’’; 

3 (ii) in subparagraph (B)(i) (in the 

4 matter before subclause (I)), by striking 

5 ‘‘marriage.’’ and inserting ‘‘marriage (or 

6 entry into a domestic partnership).’’; 

7 (iii) in subparagraph (B)(ii), by in8 serting ‘‘(or in a domestic partnership)’’ 

9 after ‘‘married’’; and 

10 (iv) in subparagraph (C), by striking 

11 ‘‘marriage.’’ and inserting ‘‘marriage (or 

12 domestic partnership).’’; and 

13 (3) in subsection (o)(1)— 

14 (A) in subparagraphs (A)(i) and (B)(i), by 

15 striking ‘‘is married,’’ and inserting ‘‘is married 

16 (or is in a domestic partnership),’’; and 

17 (B) in subparagraph (A) (in the matter 

18 following clause (ii)), by inserting ‘‘(or domestic 

19 partner)’’ after ‘‘spouse’’. 

20 SEC. 204. COST-OF-LIVING ADJUSTMENT OF ANNUITIES. 

21 Section 8340 is amended— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘and’’ at the end of para24 graph (1); 


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1 (B) by striking the period at the end of 

2 paragraph (2) and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(3) the terms ‘widow’, ‘widower’, and ‘sur5 viving partner’ have the respective meanings given 

6 them under section 8341.’’; and 

7 (2) in subsection (c)(1)— 

8 (A) in the matter before subparagraph (A), 

9 by striking all after ‘‘who retires,’’ and before 

10 ‘‘of a deceased annuitant’’ and inserting ‘‘to the 

11 widow, widower, or former spouse (or the sur12 viving partner or former domestic partner) of a 

13 deceased employee or Member, or to the widow, 

14 widower, or former spouse (or the surviving 

15 partner or former domestic partner), or insur16 able interest designee’’; and 

17 (B) in subparagraph (B)(ii), by striking ‘‘a 

18 widow, widower, former spouse, or insurable in19 terest designee’’ and inserting ‘‘a widow, wid20 ower, or former spouse (or surviving partner or 

21 former domestic partner) or insurable interest 

22 designee’’. 

23 SEC. 205. SURVIVOR ANNUITIES. 

24 Section 8341 is amended— 

25 (1) in subsection (a)— 


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1 (A) by redesignating paragraphs (3) and 

2 (4) as paragraphs (4) and (5), respectively; 

3 (B) by inserting after paragraph (2) the 

4 following: 

5 ‘‘(3) ‘surviving partner’ means the surviving do6 mestic partner of an employee or Member who— 

7 ‘‘(A) was in a domestic partnership with 

8 such employee or Member for at least 9 months 

9 immediately before the death of such employee 

10 or Member; or 

11 ‘‘(B) satisfies such other requirement, 

12 based on parenthood, as the Office of Personnel 

13 Management shall by regulation prescribe based 

14 on the definition of a widow or widower under 

15 this section;’’; and 

16 (C) in paragraph (5) (as so redesignated 

17 by subparagraph (A))— 

18 (i) in subparagraph (A), by inserting 

19 ‘‘(or surviving domestic partner)’’ after 

20 ‘‘the surviving spouse’’; and 

21 (ii) by adding at the end the fol22 lowing: ‘‘The Office shall prescribe regula23 tions to provide that, for purposes of ap24 plying the provisions of paragraph 

25 (5)(A)(ii) (relating to the treatment of a 


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1 stepchild) in the case of a domestic part2 nership, rules similar to those prescribed to 

3 carry out section 8901(5)(B) in similar cir4 cumstances shall apply.’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (1)— 

7 (i) by striking ‘‘widow or widower’’ 

8 each place it appears and inserting ‘‘widow 

9 or widower (or surviving partner)’’; and 

10 (ii) by striking ‘‘remarriage,’’ and in11 serting ‘‘remarriage (or entry into a subse12 quent domestic partnership)’’; 

13 (B) in paragraph (2)— 

14 (i) by striking ‘‘widow or widower’’ 

15 each place it appears and inserting ‘‘widow 

16 or widower (or surviving partner)’’; and 

17 (ii) by inserting ‘‘(or in a domestic 

18 partnership with)’’ after ‘‘married to’’; 

19 (C) in paragraph (3)— 

20 (i) in the matter before subparagraph 

21 (A), by inserting ‘‘(or domestic partner)’’ 

22 after ‘‘spouse’’; 

23 (ii) by striking ‘‘widow or widower’’ 

24 each place it appears and inserting ‘‘widow 

25 or widower (or surviving partner)’’; and 


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1 (iii) in subparagraph (B), by inserting 

2 ‘‘(or enters into a subsequent domestic 

3 partnership)’’ after ‘‘remarries’’; and 

4 (D) in paragraph (4)— 

5 (i) by striking ‘‘widow or widower’’ 

6 each place it appears and inserting ‘‘widow 

7 or widower (or surviving partner)’’; and 

8 (ii) in subparagraph (B), by inserting 

9 ‘‘(or former domestic partner)’’ after 

10 ‘‘former spouse’’; 

11 (3) in subsection (d)— 

12 (A) by striking ‘‘widow or widower’’ each 

13 place it appears and inserting ‘‘widow or wid14 ower (or surviving partner)’’; 

15 (B) in subparagraph (B), by inserting ‘‘(or 

16 former domestic partner)’’ after ‘‘former 

17 spouse’’; and 

18 (C) in clause (ii), by inserting ‘‘(or enters 

19 into a subsequent domestic partnership)’’ after 

20 ‘‘remarries’’; 

21 (4) in subsection (e)— 

22 (A) by striking the matter before para23 graph (2) and inserting the following: 

24 ‘‘(e)(1) For the purposes of this subsection— 


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1 ‘‘(A) the term ‘former spouse’ includes a former 

2 spouse who was married to an employee or Member 

3 for less than 9 months and a former spouse of an 

4 employee or Member who completed less than 18 

5 months of service covered by this subchapter; and 

6 ‘‘(B) the term ‘former domestic partner’ in7 cludes a former domestic partner who was in a do8 mestic partnership with an employee or Member for 

9 less than 9 months and a former domestic partner 

10 of an employee or Member who completed less than 

11 18 months of service covered by this subchapter.’’; 

12 (B) in paragraph (2), by striking ‘‘a 

13 spouse or a former spouse’’ each place it ap14 pears and inserting ‘‘a spouse or former spouse 

15 (or a domestic partner or former domestic part16 ner)’’; 

17 (C) in paragraph (3)— 

18 (i) in subparagraph (E), by striking 

19 ‘‘dies or marries;’’ and inserting ‘‘dies, 

20 marries, or enters into a domestic partner21 ship;’’; and 

22 (ii) in the matter following subpara23 graph (E)— 


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1 (I) by inserting ‘‘(or domestic 

2 partner or former domestic partner)’’ 

3 after ‘‘spouse or former spouse’’; and 

4 (II) by striking ‘‘spouse, former 

5 spouse, or child’’ and inserting 

6 ‘‘spouse or former spouse (or domestic 

7 partner or former domestic partner) 

8 or child,’’; and 

9 (D) in paragraph (4), by striking ‘‘mar10 riage, then, if such marriage’’ and inserting 

11 ‘‘marriage, then, if such marriage (or a domes12 tic partnership, then, if such domestic partner13 ship)’’; 

14 (5) by striking subsection (f) and inserting the 

15 following: 

16 ‘‘(f) If a Member heretofore or hereafter separated 

17 from the service with title to deferred annuity from the 

18 Fund hereafter dies before having established a valid claim 

19 for annuity and is survived by a spouse to whom married 

20 (or a domestic partner to whom in a domestic partnership) 

21 at the date of separation, the surviving spouse (or sur22 viving partner)— 

23 ‘‘(1) is entitled to an annuity equal to 55 per24 cent of the deferred annuity of the Member com25 mencing on the day after the Member dies and terVerDate Mar 15 2010 06:04 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3485.IH H3485

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1 minating on the last day of the month before the 

2 surviving spouse dies or remarries (or the surviving 

3 domestic partner dies or enters into a subsequent 

4 domestic partnership); or 

5 ‘‘(2) may elect to receive the lump-sum credit 

6 instead of annuity if the spouse (or domestic part7 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 pay11 able under this subsection to the surviving spouse (or sur12 viving domestic partner) of a Member may not exceed the 

13 difference between— 

14 ‘‘(A) the annuity which would otherwise be pay15 able to such surviving spouse (or such surviving do16 mestic partner) under this subsection, and 

17 ‘‘(B) the amount of the survivor annuity pay18 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 ter24 minated because of remarriage (or entry into a subsequent 

25 domestic partnership) before becoming 55 years of age, 


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1 annuity at the same rate shall be restored commencing 

2 on the day the remarriage (or subsequent domestic part3 nership) is dissolved by death, annulment, or divorce (or 

4 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 remarriage 

10 (or subsequent 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 pro21 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 agree24 ment incident to such decree. 


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1 ‘‘(2)(A) The annuity payable to a former spouse (or 

2 former domestic partner) under this subsection may not 

3 exceed the difference between— 

4 ‘‘(i) the amount applicable in the case of such 

5 former spouse (or former domestic partner), as de6 termined under subparagraph (B), and 

7 ‘‘(ii) the amount of any annuity payable under 

8 this subsection to any other former spouse (or 

9 former domestic partner) of the employee, Member, 

10 or annuitant, based on an election previously made 

11 under section 8339(j)(3), or a court order previously 

12 issued. 

13 ‘‘(B) The applicable amount, for purposes of sub14 paragraph (A)(i) in the case of a former spouse (or former 

15 domestic partner), is the amount which would be applica16 ble— 

17 ‘‘(i) under subsection (b)(4)(A) in the case of a 

18 widow or widower (or surviving partner), if the de19 ceased was an employee or Member who died after 

20 retirement; 

21 ‘‘(ii) under subparagraph (A) of subsection (d) 

22 in the case of a widow or widower (or surviving part23 ner), if the deceased was an employee or Member de24 scribed in the first sentence of such subsection; or 


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1 ‘‘(iii) under subparagraph (A) of subsection (f) 

2 in the case of a surviving spouse (or surviving do3 mestic partner), if the deceased was a Member de4 scribed in the first sentence of such subsection. 

5 ‘‘(3) The commencement and termination of an annu6 ity payable under this subsection shall be governed by the 

7 terms of the applicable order, decree, agreement, or elec8 tion, as the case may be, except that any such annuity— 

9 ‘‘(A) shall not commence before— 

10 ‘‘(i) the day after the employee, Member, 

11 or annuitant dies, or 

12 ‘‘(ii) the first day of the second month be13 ginning after the date on which the Office re14 ceives written notice of the order, decree, agree15 ment, or election, as the case may be, together 

16 with such additional information or documenta17 tion as the Office may prescribe, 

18 whichever is later, and 

19 ‘‘(B) shall terminate— 

20 ‘‘(i) except as provided in subsection (k), 

21 in the case of an annuity computed by reference 

22 to clause (i) or (ii) of paragraph (2)(B), no 

23 later than the last day of the month before the 

24 former spouse remarries (or former domestic 

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1 nership) 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 dies (or the former 

7 domestic partner enters into a subsequent do8 mestic partnership or dies). 

9 ‘‘(4) For purposes of this subchapter, a modification 

10 in a decree, order, agreement, or election referred to in 

11 paragraph (1) shall not be effective— 

12 ‘‘(A) if such modification is made after the re13 tirement or death of the employee or Member con14 cerned, and 

15 ‘‘(B) to the extent that such modification in16 volves an annuity under this subsection. 

17 ‘‘(5) For purposes of this subchapter, a decree, order, 

18 agreement, or election referred to in paragraph (1) shall 

19 not be effective, in the case of a former spouse (or former 

20 domestic partner), to the extent that it is inconsistent with 

21 any joint designation or waiver previously executed with 

22 respect to such former spouse (or former domestic part23 ner) under section 8339(j)(1) or a similar prior provision 

24 of law. 


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1 ‘‘(6) Any payment under this subsection to a person 

2 bars recovery by any other person. 

3 ‘‘(7) As used in this subsection, ‘court’ means any 

4 court of any State, the District of Columbia, the Common5 wealth of Puerto Rico, Guam, the Northern Mariana Is6 lands, or the Virgin Islands, and any Indian court.’’; 

7 (8) by striking subsection (i) and inserting the 

8 following: 

9 ‘‘(i) The requirement in subsections (a)(1)(A), 

10 (a)(2)(A), and (a)(5)(A) that the surviving spouse (or sur11 viving domestic partner) of an employee or Member have 

12 been married to (or in a domestic partnership with) such 

13 employee or Member for at least 9 months immediately 

14 before the employee’s or Member’s death in order to qual15 ify as the widow or widower (or surviving partner) of such 

16 employee or Member shall be deemed satisfied in any case 

17 in which the employee or Member dies within the applica18 ble 9-month period, if— 

19 ‘‘(1) the death of the employee or Member was 

20 accidental; or 

21 ‘‘(2) the surviving spouse (or surviving domestic 

22 partner) of such individual had been previously mar23 ried to (or in a domestic partnership with) the indi24 vidual that was subsequently dissolved (or termiVerDate Mar 15 2010 06:04 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3485.IH H3485

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1 nated), and the aggregate time married (or in a do2 mestic partnership) is at least 9 months.’’; and 

3 (9) by redesignating subsection (k) as sub4 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 termi8 nation of a survivor annuity because of a remarriage (or 

9 entry into a subsequent domestic partnership) before age 

10 55, shall not apply if the widow, widower or former spouse 

11 was married to (or the surviving partner or former domes12 tic partner was in a domestic partnership with) the indi13 vidual on whose service the survivor annuity is based for 

14 at least 30 years. 

15 ‘‘(2) A remarriage (or entry into a subsequent domes16 tic partnership) described in paragraph (1) shall not be 

17 taken into account for purposes of subparagraph (B) or 

18 (C) of section 8339(j)(5) or any other provision of this 

19 chapter which the Director of the Office of Personnel 

20 Management may by regulation identify in order to carry 

21 out the purposes of this subsection.’’. 

22 SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE23 FICIARY; ORDER OF PRECEDENCE. 

24 Section 8342 is amended— 


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1 (1) in subsection (c), by inserting ‘‘(or surviving 

2 partner)’’ after ‘‘widow or widower’’ ; and 

3 (2) in subsection (j)— 

4 (A) in paragraph (1)(A), by inserting ‘‘(or 

5 the domestic partner, if any, and any former 

6 domestic partner)’’ after ‘‘the spouse, if any, 

7 and any former spouse’’; and 

8 (B) by inserting ‘‘(or domestic partner or 

9 former domestic partner)’’ after ‘‘spouse or 

10 former spouse’’ each place it appears. 

11 SEC. 207. ALTERNATIVE FORMS OF ANNUITIES. 

12 Section 8343a is amended— 

13 (1) in subsection (b)(2), by inserting ‘‘(or in a 

14 domestic partnership)’’ after ‘‘married’’; 

15 (2) in subsection (b)(2)(B), by inserting ‘‘(or 

16 surviving domestic partner)’’ after ‘‘surviving 

17 spouse’’; and 

18 (3) in subsection (e), by inserting ‘‘(or in a do19 mestic partnership)’’ after ‘‘married’’. 

20 SEC. 208. ADMINISTRATION; REGULATIONS. 

21 Section 8347(n)(1)(D) is amended by striking ‘‘their 

22 spouses, and their former spouses’’ and inserting ‘‘their 

23 spouses, domestic partners, former spouses, and former 

24 domestic partners’’. 


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1 SEC. 209. PARTICIPATION IN THE THRIFT SAVINGS PLAN. 

2 Section 8351(b)(5) is amended— 

3 (1) in subparagraphs (A), (B), and (C), by in4 serting ‘‘(or domestic partner)’’ after ‘‘spouse’’ each 

5 place it appears; 

6 (2) in subparagraph (B), by striking ‘‘a married 

7 employee or Member’’ and inserting ‘‘an employee or 

8 Member who is married (or in a domestic partner9 ship)’’; and 

10 (3) in subparagraph (D), by inserting ‘‘(or do11 mestic partner or former domestic partner)’’ after 

12 ‘‘spouse or former spouse’’. 

13 TITLE III—FEDERAL EMPLOY14 EES’ RETIREMENT SYSTEM 

15 SEC. 301. DEFINITIONS. 

16 Section 8401 is amended— 

17 (1) in paragraph (35), by striking ‘‘and’’ at the 

18 end; 

19 (2) in paragraph (36), by striking the period at 

20 the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(37) ‘former domestic partner’ means a former 

23 domestic partner of an individual— 

24 ‘‘(A) if such individual performed at least 

25 18 months of civilian service creditable under 

26 section 8411 as an employee or Member; and 


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1 ‘‘(B) if the former domestic partner was in 

2 a domestic partnership with such individual for 

3 at least 9 months.’’. 

4 SEC. 302. CREDITABLE SERVICE. 

5 Section 8411 is amended— 

6 (1) in subsection (c)(4)(C)(ii), by inserting ‘‘(or 

7 former domestic partner)’’ after ‘‘former spouse’’; 

8 (2) in subsection (l)(4)(B)(i), by inserting ‘‘(or 

9 domestic partner)’’ after ‘‘spouse’’; and 

10 (3) in subsection (l)(5), by inserting ‘‘(or do11 mestic partner)’’ after ‘‘spouse’’ each place it ap12 pears. 

13 SEC. 303. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 

14 OR A CURRENT DOMESTIC PARTNER. 

15 (a) IN GENERAL.—Section 8416 is amended— 

16 (1) in the heading, by inserting ‘‘or a cur17 rent domestic partner’’ after ‘‘spouse’’; 

18 (2) in subsection (a)— 

19 (A) by inserting ‘‘(or in a domestic part20 nership)’’ after ‘‘married’’ each place it ap21 pears; 

22 (B) by inserting ‘‘(or domestic partner)’’ 

23 after ‘‘spouse’’ each place it appears; and 

24 (C) by inserting ‘‘(or domestic partner’s)’’ 

25 after ‘‘spouse’s’’ each place it appears; 


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1 (3) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b)(1) Upon remarriage (or entry into a subsequent 

4 domestic partnership), a retired employee or Member who 

5 was married (or in a domestic partnership) at the time 

6 of retirement, including an employee or Member whose an7 nuity was not reduced to provide a survivor annuity for 

8 the employee’s or Member’s spouse or former spouse (or 

9 domestic partner or former domestic partner) as of the 

10 time of retirement, may irrevocably elect during such mar11 riage (or domestic partnership), in a signed writing re12 ceived by the Office— 

13 ‘‘(A) within 2 years after such remarriage (or 

14 entry into a subsequent domestic partnership), or 

15 ‘‘(B) if later, within 2 years after— 

16 ‘‘(i) the death or remarriage of any former 

17 spouse (or the death of or entry into a subse18 quent domestic partnership by any former do19 mestic partner) of such employee or Member 

20 who was entitled to a survivor annuity under 

21 section 8445, or 

22 ‘‘(ii) if there was more than 1, the death 

23 or remarriage of the last such surviving former 

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1 quent domestic partnership by the last such 

2 surviving former domestic partner), 

3 a reduction in the employee’s or Member’s annuity under 

4 section 8419(a) for the purpose of providing an annuity 

5 for such employee’s or Member’s spouse (or domestic part6 ner) in the event such spouse (or domestic partner) sur7 vives the employee or Member. 

8 ‘‘(2) The election and reduction shall be effective the 

9 first day of the second month after the election is received 

10 by the Office, but not less than 9 months after the date 

11 of the remarriage (or entry into the subsequent domestic 

12 partnership). 

13 ‘‘(3) An election to provide a survivor annuity to an 

14 individual under this subsection— 

15 ‘‘(A) shall prospectively void any election made 

16 by the employee or Member under section 8420 with 

17 respect to such individual; or 

18 ‘‘(B) shall, if an election was made by the em19 ployee or Member under section 8420 with respect 

20 to a different individual, prospectively void such elec21 tion if appropriate written application is made by 

22 such employee or Member at the time of making the 

23 election under this subsection. 

24 ‘‘(4) Any election under this subsection made by an 

25 employee or Member on behalf of an individual after the 


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1 retirement of such employee or Member shall not be effec2 tive if— 

3 ‘‘(A) the employee or Member was married to 

4 (or in a domestic partnership with) such individual 

5 at the time of retirement; and 

6 ‘‘(B) the annuity rights of such individual based 

7 on the service of such employee or Member were 

8 then waived under subsection (a).’’; 

9 (4) in subsection (c)— 

10 (A) by striking the matter before para11 graph (2) and inserting the following: 

12 ‘‘(c)(1) An employee or Member who is unmarried 

13 (and not in a domestic partnership) at the time of retiring 

14 under this chapter and who later marries (or enters into 

15 a domestic partnership) may irrevocably elect, in a signed 

16 writing received by the Office— 

17 ‘‘(A) within 2 years after such employee or 

18 Member marries (or enters into a domestic partner19 ship), or 

20 ‘‘(B) if later, within 2 years after— 

21 ‘‘(i) the death or remarriage of any former 

22 spouse (or the death of or entry into a subse23 quent domestic partnership by any domestic 

24 partner) of such employee or Member who was 


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1 entitled to a survivor annuity under section 

2 8445, 

3 ‘‘(ii) if more than 1, the death or remar4 riage of the last such surviving former spouse 

5 (or the death of or the entry into a subsequent 

6 domestic partnership by the last such surviving 

7 domestic partner), 

8 a reduction in the current annuity of the retired em9 ployee or Member, in accordance with section 

10 8419(a).’’; and 

11 (B) in paragraph (2), by striking ‘‘mar12 riage.’’ and inserting ‘‘marriage (or domestic 

13 partnership).’’; and 

14 (5) in subsection (d)(1)— 

15 (A) by inserting ‘‘(or in a domestic part16 nership)’’ after ‘‘married’’; and 

17 (B) by inserting ‘‘(or domestic partner)’’ 

18 after ‘‘spouse’’ each place it appears. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 for chapter 84, is amended by striking the item relating 

21 to section 8416 and inserting the following: 

‘‘8416. Survivor reduction for a current spouse or a current domestic partner.’’. 

22 SEC. 304. SURVIVOR REDUCTION FOR A FORMER SPOUSE 

23 OR FORMER DOMESTIC PARTNER. 

24 (a) IN GENERAL.—Section 8417 is amended— 


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1 (1) in the heading, by inserting ‘‘or a former 

2 domestic partner’’ after ‘‘former spouse’’; 

3 (2) in subsection (a), by inserting ‘‘(or a former 

4 domestic partner)’’ after ‘‘former spouse’’; 

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 ter18 minated).’’; and 

19 (C) in paragraph (3)— 

20 (i) in subparagraph (A)(ii), by insert21 ing ‘‘(or a surviving partner)’’ after ‘‘a 

22 widow or widower’’; and 

23 (ii) by amending subparagraph (B) to 

24 read as follows: 


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1 ‘‘(B) shall not be effective, in the case of an 

2 employee or Member who is then married (or in a 

3 domestic partnership), unless it is made with the 

4 spouse’s (or domestic partner’s) written consent.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 for chapter 84 of title 5, United States Code, is amended 

7 by striking the item relating to section 8417 and inserting 

8 the following: 

‘‘8417. Survivor reduction for a former spouse or a former domestic partner.’’. 

9 SEC. 305. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS. 

10 Section 8418(b) is amended— 

11 (1) by inserting ‘‘(or domestic partnership)’’ 

12 after ‘‘marriage’’; and 

13 (2) by striking ‘‘former spouse.’’ and inserting 

14 ‘‘former spouse (or former domestic partner).’’. 

15 SEC. 306. SURVIVOR REDUCTIONS; COMPUTATION. 

16 Section 8419 is amended— 

17 (1) in subsection (a), by inserting ‘‘(or domestic 

18 partner)’’ after ‘‘spouse’’ each place it appears; and 

19 (2) by amending subsection (b) to read as fol20 lows: 

21 ‘‘(b)(1) Any reduction in an annuity for the purpose 

22 of providing a survivor annuity for the current spouse (or 

23 current domestic partner) of a retired employee or Mem24 ber shall be terminated for each full month— 


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1 ‘‘(A) after the death of the spouse (or domestic 

2 partner); or 

3 ‘‘(B) after the dissolution of the spouse’s mar4 riage to (or the termination of the domestic part5 ner’s domestic partnership with) the employee or 

6 Member, except that an appropriate reduction shall 

7 be made thereafter if the spouse (or domestic part8 ner) is entitled, as a former spouse (or former do9 mestic partner), to a survivor annuity under section 

10 8445. 

11 ‘‘(2) Any reduction in an annuity for the purpose of 

12 providing a survivor annuity for a former spouse (or 

13 former domestic partner) of a retired employee or Member 

14 shall be terminated for each full month after the former 

15 spouse remarries (or the former domestic partner enters 

16 into a subsequent domestic partnership) before reaching 

17 age 55 or dies. This reduction shall be replaced by appro18 priate reductions under subsection (a) if the retired em19 ployee or 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 

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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 do9 mestic partnership) after retirement and with re10 spect to whom an election has been made under sub11 section (b) or (c) of section 8416.’’. 

12 SEC. 307. 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. 308. ALTERNATIVE FORMS OF ANNUITIES. 

24 Section 8420a is amended— 

25 (1) in subsection (b)(2)— 


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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 ‘‘sur5 viving spouse.’’ and inserting ‘‘surviving spouse 

6 (or surviving domestic partner).’’; 

7 (2) in subsection (d)— 

8 (A) in paragraph (1), by striking ‘‘mar9 ried,’’ and 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 do15 mestic partnership)’’ after ‘‘married’’. 

16 SEC. 309. LUMP-SUM BENEFITS; DESIGNATION OF BENE17 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 former spouse (and any domestic partner 

25 or former domestic partner)’’; and 


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1 (ii) in subparagraph (B), by striking 

2 ‘‘spouse or former spouse’’ each place it 

3 appears and inserting ‘‘spouse or former 

4 spouse (or domestic partner or former do5 mestic partner)’’; and 

6 (B) in paragraph (2), by striking ‘‘spouse 

7 or former spouse’’ each place it appears and in8 serting ‘‘spouse or former spouse (or domestic 

9 partner or former domestic partner)’’; and 

10 (2) in subsection (d), by striking ‘‘widow or 

11 widower’’ and inserting ‘‘widow or widower (or sur12 viving partner)’’. 

13 SEC. 310. ANNUITIES: METHODS OF PAYMENT; ELECTION; 

14 PURCHASE. 

15 Section 8434(a)(2) is amended— 

16 (1) in subparagraph (B), by inserting ‘‘(or do17 mestic partner)’’ after ‘‘spouse’’; and 

18 (2) in subparagraph (E)(i), by inserting ‘‘(or 

19 former domestic partner)’’ after ‘‘former spouse’’. 

20 SEC. 311. PROTECTIONS FOR SPOUSES, DOMESTIC PART21 NERS, FORMER SPOUSES, AND FORMER DO22 MESTIC PARTNERS. 

23 (a) IN GENERAL.—Section 8435 is amended— 

24 (1) in the heading, by striking ‘‘spouses and 

25 former spouses’’ and inserting ‘‘spouses, doVerDate Mar 15 2010 06:04 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3485.IH H3485

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1 mestic partners, former spouses, and 

2 former domestic partners’’; 

3 (2) in subsection (a)— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘A married employee or Member (or 

7 former employee or Member)’’ each place it 

8 appears and inserting ‘‘An employee or 

9 Member, or former employee or former 

10 Member, who is married (or in a domestic 

11 partnership)’’; and 

12 (ii) in subparagraph (B), by inserting 

13 ‘‘or domestic partner’’ after ‘‘spouse’’ each 

14 place it appears; and 

15 (B) in paragraph (2), by inserting ‘‘(or do16 mestic partner’s)’’ after ‘‘spouse’s’’ each place 

17 it appears; 

18 (3) in subsection (b)— 

19 (A) in paragraph (1)— 

20 (i) by inserting ‘‘(or surviving domes21 tic partner)’’ after ‘‘surviving spouse’’ each 

22 place it appears; and 

23 (ii) by inserting ‘‘(or in a domestic 

24 partnership)’’ after ‘‘married’’; and 


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1 (B) in paragraph (2)(A), by inserting ‘‘(or 

2 domestic partner)’’ after ‘‘spouse’’; 

3 (4) in subsection (d)— 

4 (A) in paragraph (1), by inserting ‘‘(or 

5 former domestic partner)’’ after ‘‘former 

6 spouse’’ the first 2 places it appears; 

7 (B) in paragraphs (3) through (6), by in8 serting ‘‘(or former domestic partner)’’ after 

9 ‘‘former spouse’’ each place it appears; 

10 (C) in paragraph (3)(B), by inserting ‘‘(or 

11 former domestic partners)’’ after ‘‘former 

12 spouses’’; and 

13 (D) in paragraph (3)(A), by inserting ‘‘(or 

14 surviving domestic partner)’’ after ‘‘surviving 

15 spouse’’; 

16 (5) in subsection (e)(1)— 

17 (A) by striking the matter before subpara18 graph (B) and inserting the following: 

19 ‘‘(e)(1)(A) A loan or withdrawal under subsection (g) 

20 or (h) of section 8433 may be made to an employee or 

21 Member who is married (or in a domestic partnership) 

22 only if the employee’s or Member’s spouse (or domestic 

23 partner) consents to such loan or withdrawal in writing.’’; 

24 and 


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1 (B) in subparagraph (C), by inserting ‘‘(or 

2 domestic partner’s)’’ after ‘‘spouse’s’’ each 

3 place it appears; and 

4 (6) in subsection (g), by inserting ‘‘(or domestic 

5 partner or former domestic partner)’’ after ‘‘spouse 

6 or former spouse’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 for chapter 84 is amended by striking the item relating 

9 to section 8435 and inserting the following: 

‘‘8435. Protections for spouses, domestic partners, former spouses, and former 

domestic partners.’’. 

10 SEC. 312. JUSTICES AND JUDGES. 

11 Section 8440a(b)(6) is amended by inserting ‘‘(or do12 mestic partners)’’ after ‘‘spouses’’. 

13 SEC. 313. SURVIVOR ANNUITIES: DEFINITIONS. 

14 Section 8441 is amended— 

15 (1) by redesignating paragraphs (3) and (4) as 

16 paragraphs (4) and (5), respectively, and by insert17 ing after paragraph (2) the following: 

18 ‘‘(3) the term ‘surviving partner’ means the 

19 surviving domestic partner of an employee, Member, 

20 or annuitant, or of a former employee or Member, 

21 who— 

22 ‘‘(A) was in a domestic partnership with 

23 such employee, Member, or annuitant, or 

24 former employee or Member, for at least 9 


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1 months immediately before the death of such 

2 employee, Member, or annuitant, or former em3 ployee or Member; or 

4 ‘‘(B) satisfies such other requirement, 

5 based on parenthood, as the Office of Personnel 

6 Management shall by regulation prescribe based 

7 on the definition of a widow or widower under 

8 this section;’’; 

9 (2) in paragraph (5) (as so redesignated by 

10 paragraph (1))— 

11 (A) in subparagraph (A), by inserting ‘‘(or 

12 surviving partner)’’ after ‘‘widow or widower’’; 

13 and 

14 (3) by adding at the end the following: 

15 ‘‘The Office shall prescribe regulations to provide that, for 

16 purposes of applying the provisions of paragraph 

17 (5)(A)(ii) (relating to the treatment of a stepchild) in the 

18 case of a domestic partnership, rules similar to those pre19 scribed to carry out section 8901(5)(B) in similar cir20 cumstances shall apply.’’. 

21 SEC. 314. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING 

22 PARTNER. 

23 (a) IN GENERAL.—Section 8442 is amended— 


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1 (1) in the heading, by striking ‘‘widow or 

2 widower’’ and inserting ‘‘widow, widower, or 

3 surviving partner’’; 

4 (2) in subsection (a)— 

5 (A) by inserting ‘‘(or surviving partner)’’ 

6 after ‘‘widow or widower’’ each place it appears; 

7 (B) in paragraph (1)(B), by inserting ‘‘(or 

8 entry into a domestic partnership)’’ after ‘‘mar9 riage’’; and 

10 (C) in paragraph (2), by inserting ‘‘(or do11 mestic partner)’’ after ‘‘spouse’’ each place it 

12 appears; 

13 (3) in subsection (b), by inserting ‘‘(or sur14 viving partner)’’ after ‘‘widow or widower’’ each 

15 place it appears; 

16 (4) in subsection (c)— 

17 (A) in paragraph (1), (in the matter before 

18 subparagraph (A)), by inserting ‘‘(or a sur19 viving partner with whom in a domestic part20 nership)’’ 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)’’; 


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1 (5) in subsection (d)— 

2 (A) by striking ‘‘widow or widower’’ each 

3 place it appears and inserting ‘‘widow or wid4 ower (or surviving partner)’’; 

5 (B) in paragraph (1)(B), by inserting ‘‘(or 

6 enters into a subsequent domestic partnership)’’ 

7 after ‘‘remarries’’; 

8 (C) in paragraph (2)— 

9 (i) by striking ‘‘remarriage before’’ 

10 and inserting ‘‘remarriage (or entry into a 

11 subsequent domestic partnership) before’’; 

12 (ii) by striking ‘‘remarriage is dis13 solved by death, divorce, or annulment,’’ 

14 and inserting ‘‘remarriage is dissolved by 

15 death, divorce, annulment (or subsequent 

16 domestic partnership is terminated),’’; and 

17 (iii) in subparagraph (A), by striking 

18 ‘‘remarriage;’’ and inserting ‘‘remarriage 

19 (or entry into a subsequent domestic part20 nership);’’; and 

21 (D) in paragraph (3)— 

22 (i) by inserting ‘‘or entry into a subse23 quent domestic partnership’’ after ‘‘remar24 riage’’; and 


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1 (ii) by inserting ‘‘(or in a domestic 

2 partnership for at least 30 years with)’’ 

3 after ‘‘married for at least 30 years to’’; 

4 (6) in subsection (e)— 

5 (A) by inserting ‘‘(or surviving partner)’’ 

6 after ‘‘widow or widower’’ each place it appears; 

7 (B) by inserting ‘‘(or in a domestic part8 nership with)’’ after ‘‘been married to’’; and 

9 (C) by amending paragraph (2) to read as 

10 follows: 

11 ‘‘(2) the surviving spouse (or surviving domestic 

12 partner) of such individual had been previously mar13 ried to (or in a domestic partnership with) the indi14 vidual that was subsequently dissolved (or termi15 nated), and the aggregate time married (or in a do16 mestic partnership) is at least 9 months.’’; 

17 (7) in subsection (g), by striking ‘‘widow or 

18 widower’’ and inserting ‘‘widow, widower, or sur19 viving partner’’ each place it appears; and 

20 (8) in subsection (h)— 

21 (A) by striking ‘‘widow or widower’’ each 

22 place it appears and inserting ‘‘widow or wid23 ower (or surviving partner)’’; and 


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1 (B) by inserting ‘‘(or former domestic 

2 partner)’’ after ‘‘former spouse’’ each place it 

3 appears. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 for chapter 84 is amended by striking the item relating 

6 to section 8442 and inserting the following: 

‘‘8442. Rights of a widow, widower, or surviving partner.’’. 

7 SEC. 315. RIGHTS OF A FORMER SPOUSE OR FORMER DO8 MESTIC PARTNER. 

9 (a) IN GENERAL.—Section 8445 is amended— 

10 (1) in the heading, by striking ‘‘former 

11 spouse’’ and inserting ‘‘former spouse or 

12 former domestic partner’’; 

13 (2) in subsection (a), by inserting ‘‘(or former 

14 domestic partner)’’ after ‘‘former spouse’’; 

15 (3) in subsection (b)— 

16 (A) by inserting ‘‘(or former domestic part17 ner)’’ after ‘‘former spouse’’ each place it ap18 pears; and 

19 (B) in paragraph (2), by inserting ‘‘(or 

20 surviving partner)’’ after ‘‘widow or widower’’; 

21 (4) in subsection (c)(2), by inserting ‘‘(or the 

22 former domestic partner enters into a subsequent 

23 domestic partnership)’’ after ‘‘former spouse remar24 ries’’; 


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1 (5) in subsection (e), by inserting ‘‘(or former 

2 domestic partner)’’ after ‘‘former spouse’’ each place 

3 it appears; and 

4 (6) by amending subsection (h) to read as fol5 lows: 

6 ‘‘(h)(1) Subsection (c)(2), to the extent that it pro7 vides for termination of a survivor annuity because of a 

8 remarriage (or entry into a subsequent domestic partner9 ship) before age 55, shall not apply if the former spouse 

10 (or former domestic partner) was married to (or in a do11 mestic partnership with) the individual on whose service 

12 the survivor annuity is based for at least 30 years. 

13 ‘‘(2) A remarriage (or entry into a subsequent domes14 tic partnership) described in paragraph (1) shall not be 

15 taken into account for purposes of section 8419(b)(1)(B) 

16 or any other provision of this chapter which the Director 

17 may by regulation identify in order to carry out the pur18 poses of this subsection.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 for chapter 84 is amended by striking the item relating 

21 to section 8445 and inserting the following: 

‘‘8445. Rights of a former spouse or former domestic partner.’’. 

22 SEC. 316. AUTHORITY OF THE OFFICE OF PERSONNEL MAN23 AGEMENT. 

24 Section 8461(j)(1)(D) is amended by striking ‘‘such 

25 employees, their spouses, their former spouses, and their 


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1 survivors’’ and inserting ‘‘such employees and their 

2 spouses, domestic partners, former spouses, former do3 mestic partners, and survivors’’. 

4 SEC. 317. COST-OF-LIVING ADJUSTMENTS. 

5 Section 8462(c) is amended— 

6 (1) in paragraph (2), by striking ‘‘survivor 

7 (other than a widow or widower whose annuity is 

8 computed under section 8442(g) or a child under 

9 section 8443)’’ and inserting the following: ‘‘sur10 vivor, other than a widow or widower (or surviving 

11 partner) whose annuity is computed under section 

12 8442(g) or a child under section 8443,’’; 

13 (2) in paragraph (4) (in the matter before sub14 paragraph (A)), by inserting ‘‘(or surviving part15 ner)’’ after ‘‘widow or widower’’; and 

16 (3) in paragraph (4)(B)(i), by inserting ‘‘(or 

17 surviving partner’s)’’ after ‘‘widow’s or widower’s’’. 

18 SEC. 318. FIDUCIARY RESPONSIBILITIES; LIABILITY AND 

19 PENALTIES. 

20 Section 8477(a)(4)(F) is amended to read as follows: 

21 ‘‘(F) a spouse (or domestic partner), sib22 ling, ancestor, lineal descendant, or spouse (or 

23 domestic partner) of a lineal descendant of a 

24 person described in subparagraph (A), (B), or 

25 (D);’’. 


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1 TITLE IV—INSURANCE BENEFITS 

2 SEC. 401. LIFE INSURANCE. 

3 (a) IN GENERAL.—Chapter 87 is amended— 

4 (1) in section 8701(d)— 

5 (A) in paragraph (1)(A), by inserting ‘‘or 

6 domestic partner’’ after ‘‘spouse’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(3) In the case of an individual whose domestic part9 ner has a child by a previous marriage, domestic partner10 ship (as defined under regulations of the Office of Per11 sonnel Management), or otherwise, such child shall, unless 

12 adopted by such individual, be treated as a stepchild of 

13 such individual.’’; 

14 (2) in section 8705(a), by inserting ‘‘or sur15 viving domestic partner’’ after ‘‘widow or widower’’; 

16 and 

17 (3) in section 8714c(b)(1)(A), by striking 

18 ‘‘spouse;’’ and inserting ‘‘spouse or domestic part19 ner;’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply with respect to calendar years be22 ginning after the end of the 6-month period beginning on 

23 the date of the enactment of this Act. 

24 SEC. 402. HEALTH INSURANCE. 

25 (a) DEFINITIONS.—Section 8901 is amended— 


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1 (1) in paragraph (5) (in the matter before sub2 paragraph (A)), by inserting ‘‘or domestic partner’’ 

3 after ‘‘the spouse’’; 

4 (2) in paragraph (8)(B), by striking ‘‘or former 

5 spouses,’’ and inserting ‘‘former spouses, or former 

6 domestic partners,’’; 

7 (3) by striking ‘‘and’’ at the end of paragraph 

8 (10), by redesignating paragraph (11) as paragraph 

9 (12), and by inserting after paragraph (10) the fol10 lowing: 

11 ‘‘(11) ‘former domestic partner’ means a do12 mestic partner— 

13 ‘‘(A) whose domestic partnership with an 

14 employee, former employee, or annuitant has 

15 terminated, 

16 ‘‘(B) who has not entered into another do17 mestic partnership before age 55 after the do18 mestic partnership to the employee, former em19 ployee, or annuitant was terminated, 

20 ‘‘(C) who was enrolled in an approved 

21 health benefits plan under this chapter as a 

22 family member at any time during the 18- 

23 month period before the date of the termination 

24 of the domestic partnership to the employee, 

25 former employee, or annuitant, and 


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1 ‘‘(D)(i) who is receiving any portion of a 

2 survivor annuity under section 8341(h) or 8445 

3 (or benefits similar to either of the aforemen4 tioned annuity benefits under a retirement sys5 tem for Government employees other than the 

6 Civil Service Retirement System or the Federal 

7 Employees’ Retirement System), 

8 ‘‘(ii) for whom an election has been made 

9 under section 8339(j)(3) or 8417(b) (or similar 

10 provision of law), or 

11 ‘‘(iii) who is otherwise entitled to an annu12 ity or any portion of an annuity as a former do13 mestic partner under a retirement system for 

14 Government employees, 

15 except that such term shall not include any such 

16 former domestic partner, who has not entered into 

17 another domestic partnership, of a former employee 

18 whose domestic partnership was terminated after the 

19 former employee’s separation from the service (other 

20 than by retirement); and’’; and 

21 (4) by adding after paragraph (12) (as so re22 designated by paragraph (3)), as a flush left sen23 tence, the following: 

24 ‘‘For purposes of paragraph (5), in the case of an em25 ployee or annuitant whose domestic partner has a child 


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1 by a previous marriage, domestic partnership (as defined 

2 under regulations of the Office of Personnel Manage3 ment), or otherwise, such child shall, unless adopted by 

4 such individual, be treated as a stepchild of such indi5 vidual.’’. 

6 (b) CONTRACTING AUTHORITY.—Section 8902 is 

7 amended in subsections (g), (j), and (k)(1), by inserting 

8 ‘‘former domestic partner,’’ after ‘‘former spouse,’’ each 

9 place it appears. 

10 (c) DEBARMENT AND OTHER SANCTIONS.—Section 

11 8902a(a)(1)(B) is amended by striking ‘‘or former 

12 spouse’’ and inserting ‘‘former spouse, or former domestic 

13 partner’’. 

14 (d) HEALTH BENEFITS PLANS.—Section 8903(1) is 

15 amended— 

16 (1) by inserting ‘‘former domestic partners,’’ 

17 after ‘‘former spouses,’’; and 

18 (2) by inserting ‘‘former domestic partner,’’ 

19 after ‘‘former spouse,’’. 

20 (e) ELECTION OF COVERAGE.—Section 8905 is 

21 amended— 

22 (1) in subsection (c), by adding at the end the 

23 following: 


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1 ‘‘(3) The Office shall prescribe regulations to ensure 

2 that, in the administration of this subsection, parity of 

3 treatment is afforded— 

4 ‘‘(A) to former spouses and former domestic 

5 partners; and 

6 ‘‘(B) to the children of a marriage that has 

7 been dissolved and the children of a domestic part8 nership that has been terminated.’’; 

9 (2) in subsection (e)— 

10 (A) by inserting ‘‘or domestic partner’’ 

11 after ‘‘has a spouse’’; and 

12 (B) by striking ‘‘either spouse,’’ and in13 serting ‘‘either spouse or domestic partner,’’; 

14 and 

15 (3) in subsections (f) and (g), by inserting 

16 ‘‘former domestic partner,’’ after ‘‘former spouse,’’ 

17 each place it appears. 

18 (f) CONTINUED COVERAGE.—Section 8905a is 

19 amended by adding at the end the following: 

20 ‘‘(g) The Office shall prescribe regulations to ensure 

21 that, in the administration of this section, parity of treat22 ment is afforded— 

23 ‘‘(1) to former spouses and former domestic 

24 partners; and 


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1 ‘‘(2) to the children of a marriage that has been 

2 dissolved and the children of a domestic partnership 

3 that has been terminated.’’. 

4 (g) COVERAGE OF RESTORED EMPLOYEES AND SUR5 VIVOR OR DISABILITY ANNUITANTS.—Section 8908(b) is 

6 amended— 

7 (1) by inserting ‘‘or surviving domestic part8 ner’’ after ‘‘surviving spouse’’; and 

9 (2) by inserting ‘‘or a subsequent domestic 

10 partnership’’ after ‘‘because of remarriage’’. 

11 (h) REGULATIONS.—Section 8913(c) is amended— 

12 (1) by striking ‘‘and former spouses’’ and in13 serting ‘‘former spouses, and former domestic part14 ners’’; and 

15 (2) by striking ‘‘annuitant or former spouse’’ 

16 and inserting ‘‘annuitant, former spouse, or former 

17 domestic partner’’. 

18 (i) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply with respect to contract years be20 ginning after the end of the 6-month period beginning on 

21 the date of the enactment of this Act. 

22 SEC. 403. ENHANCED DENTAL BENEFITS. 

23 (a) IN GENERAL.—Chapter 89A is amended— 

24 (1) in section 8956(a)— 


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1 (A) by inserting ‘‘or domestic partner’’ 

2 after ‘‘a spouse’’; and 

3 (B) by striking ‘‘either spouse,’’ and in4 serting ‘‘either spouse or either domestic part5 ner (as the case may be),’’; and 

6 (2) in section 8957, by inserting ‘‘surviving do7 mestic partner,’’ after ‘‘surviving spouse,’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply with respect to contract years be10 ginning after the end of the 6-month period beginning on 

11 the date of the enactment of this Act. 

12 SEC. 404. ENHANCED VISION BENEFITS. 

13 (a) IN GENERAL.—Chapter 89B is amended— 

14 (1) in section 8986(a)— 

15 (A) by inserting ‘‘or domestic partner’’ 

16 after ‘‘a spouse’’; and 

17 (B) by striking ‘‘either spouse,’’ and in18 serting ‘‘either spouse or either domestic part19 ner (as the case may be),’’; and 

20 (2) in section 8987, by inserting ‘‘surviving do21 mestic partner,’’ after ‘‘surviving spouse,’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply with respect to contract years be24 ginning after the end of the 6-month period beginning on 

25 the date of the enactment of this Act. 


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1 SEC. 405. LONG-TERM CARE INSURANCE. 

2 (a) IN GENERAL.—Chapter 90 is amended— 

3 (1) in section 9001(5)— 

4 (A) in subparagraph (A), by striking ‘‘or 

5 (4).’’ and inserting ‘‘or (4) (and the domestic 

6 partner of an individual described in paragraph 

7 (1), (2), or (4) or of an individual who satisfies 

8 paragraph (3) by virtue of having been ap9 pointed to a position in the commissioned corps 

10 of the Public Health Service or the commis11 sioned corps of the National Oceanic and At12 mospheric Administration).’’; and 

13 (B) in subparagraph (C), by inserting ‘‘or 

14 of the domestic partner of such an individual,’’ 

15 after ‘‘(4),’’; and 

16 (2) in section 9002(e)(2)— 

17 (A) in the heading, by striking ‘‘SPOUSAL

18 PARITY’’ and inserting the following: ‘‘PARITY

19 FOR SPOUSE OR DOMESTIC PARTNER’’; and 

20 (B) by inserting ‘‘or domestic partner’’ 

21 after ‘‘spouse’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply with respect to calendar years be24 ginning after the end of the 6-month period beginning on 

25 the date of the enactment of this Act. 


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1 TITLE V—TRAVEL, TRANSPOR2 TATION, AND SUBSISTENCE 

3 SEC. 501. REIMBURSEMENT FOR TAXES INCURRED ON 

4 MONEY RECEIVED FOR TRAVEL EXPENSES. 

5 (a) IN GENERAL.—Section 5706c is amended— 

6 (1) in subsection (a), by striking ‘‘by an em7 ployee and such employee’s spouse (if filing joint8 ly),’’ and inserting ‘‘by an employee and such em9 ployee’s spouse (or, where allowable, such employee’s 

10 domestic partner), if filing jointly,’’; and 

11 (2) in subsection (b), by striking ‘‘employee and 

12 spouse, as the case may be,’’ and inserting ‘‘em13 ployee and spouse (or domestic partner), as the case 

14 may be’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply with respect to taxable years begin17 ning after the end of the 6-month period beginning on the 

18 date of the enactment of this Act. 

19 SEC. 502. RELOCATION EXPENSES OF EMPLOYEES TRANS20 FERRED OR REEMPLOYED. 

21 (a) IN GENERAL.—Section 5724a(b)(1)(A) is amend22 ed by striking ‘‘employee’s spouse’’ and inserting ‘‘employ23 ee’s spouse (or domestic partner)’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 this section shall apply with respect to expenses incurred 


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1 after the end of the 6-month period beginning on the date 

2 of the enactment of this Act. 

3 SEC. 503. TAXES ON REIMBURSEMENTS FOR TRAVEL, 

4 TRANSPORTATION, AND RELOCATION EX5 PENSES OF EMPLOYEES TRANSFERRED. 

6 (a) IN GENERAL.—Section 5724b(a) is amended— 

7 (1) by striking ‘‘by an employee and such em8 ployee’s spouse (if filing jointly),’’ and inserting ‘‘by 

9 an employee and such employee’s spouse (or, where 

10 allowable, such employee’s domestic partner), if fil11 ing jointly,’’; and 

12 (2) by striking ‘‘employee and spouse, as the 

13 case may be,’’ and inserting ‘‘employee and spouse 

14 (or domestic partner), as the case may be,’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply with respect to taxable years begin17 ning after the end of the 6-month period beginning on the 

18 date of the enactment of this Act. 

19 SEC. 504. RELOCATION EXPENSES OF AN EMPLOYEE WHO 

20 IS PERFORMING AN EXTENDED ASSIGNMENT. 

21 (a) IN GENERAL.—Section 5737(a)(4) is amended by 

22 inserting ‘‘(or domestic partner)’’ after ‘‘employee and 

23 spouse’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 this section shall apply with respect to expenses incurred 


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1 after the end of the 6-month period beginning on the date 

2 of the enactment of this Act. 

3 TITLE VI—COMPENSATION FOR 

4 WORK INJURIES 

5 SEC. 601. DEFINITIONS. 

6 Section 8101 is amended— 

7 (1) in paragraph (9), by inserting ‘‘children (in8 cluding adopted children) of a domestic partner,’’ 

9 after ‘‘adopted children,’’; 

10 (2) in paragraph (19), by striking ‘‘and’’ at the 

11 end; 

12 (3) in paragraph (20), by striking the period 

13 and inserting a semicolon; and 

14 (4) by adding after paragraph (20) the fol15 lowing: 

16 ‘‘(21) ‘domestic partner’ means an individual 

17 who is in a domestic partnership with another indi18 vidual of the same sex, as determined by the Sec19 retary of Labor for purposes of this subchapter pur20 suant to regulations issued by the Secretary, in con21 sultation with the Director of the Office of Per22 sonnel Management, consistent with the require23 ments that— 

24 ‘‘(A) both individuals are at least 18 years 

25 of age and competent to contract; 


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1 ‘‘(B) both individuals intend to remain in 

2 the domestic partnership indefinitely; 

3 ‘‘(C) such individuals— 

4 ‘‘(i) have a common residence; or 

5 ‘‘(ii) do not have a common residence 

6 because of financial, employment-related, 

7 or other reasons; 

8 ‘‘(D) neither individual is married to or in 

9 a domestic partnership with anyone outside of 

10 the domestic partnership referred to in subpara11 graph (B); 

12 ‘‘(E) the 2 individuals share responsibility 

13 for a significant measure of each other’s com14 mon welfare and financial obligations; 

15 ‘‘(F) the 2 individuals are not related in a 

16 way that, if they were of the opposite sex, 

17 would prohibit legal marriage in the jurisdiction 

18 in which either of them resides; 

19 ‘‘(G) at least 1 of them is an employee or 

20 an individual otherwise eligible for coverage 

21 under this subchapter based on such individ22 ual’s employment or other service; and 

23 ‘‘(H) both individuals understand that will24 ful falsification of information within the affi25 davit or failure to provide appropriate notificaVerDate Mar 15 2010 06:04 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H3485.IH H3485

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1 tion of the termination of the domestic partner2 ship may lead to the recovery of the amounts 

3 obtained as a result of such falsification or fail4 ure (as the case may be), criminal or other pen5 alties, and (in appropriate circumstances) dis6 ciplinary action; and 

7 ‘‘(22) ‘surviving partner’ means the domestic 

8 partner living with or dependent for support on the 

9 decedent at the time of his or her death, or living 

10 apart for reasonable cause or because of his or her 

11 desertion.’’. 

12 SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN 

13 CONNECTION WITH EMPLOYEE’S SERVICE 

14 WITH AN ARMED FORCE. 

15 Section 8102a(d) is amended— 

16 (1) in paragraph (1)(A), by striking ‘‘surviving 

17 spouse.’’ and inserting ‘‘surviving spouse (or sur18 viving partner).’’; and 

19 (2) in paragraph (2)(C), by inserting ‘‘(includ20 ing children of a domestic partner)’’ after ‘‘step21 children’’. 

22 SEC. 603. BENEFICIARIES OF AWARDS UNPAID AT DEATH; 

23 ORDER OF PRECEDENCE. 

24 Section 8109(a)(D) is amended— 


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1 (1) in clause (i), by striking ‘‘the widow or wid2 ower.’’ and inserting ‘‘the widow or widower (or the 

3 surviving partner).’’; 

4 (2) in clause (ii)— 

5 (A) by inserting ‘‘(or a surviving partner)’’ 

6 after ‘‘a widow or widower’’; and 

7 (B) by inserting ‘‘(or the surviving part8 ner)’’ after ‘‘the widow or widower’’; and 

9 (3) in clause (iii), by striking ‘‘no widow or wid10 ower,’’ and inserting ‘‘no widow or widower (and no 

11 surviving partner),’’. 

12 SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS. 

13 Section 8110(a) is amended— 

14 (1) in paragraph (3), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (4), by striking the period and 

17 inserting ‘‘; and’’; and 

18 (3) by inserting after paragraph (4) the fol19 lowing: 

20 ‘‘(5) a domestic partner, if— 

21 ‘‘(A) he or she is a member of the same 

22 household as the employee; 

23 ‘‘(B) he or she is receiving regular con24 tributions from the employee for his or her sup25 port; or 


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1 ‘‘(C) the employee has been ordered by a 

2 court to contribute to his or her support.’’. 

3 SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSA4 TION. 

5 Section 8116(c) is amended by striking ‘‘spouse,’’ 

6 and inserting ‘‘spouse (or domestic partner),’’. 

7 SEC. 606. COMPENSATION IN CASE OF DEATH. 

8 Section 8133 is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraphs (1) and (2), by striking 

11 ‘‘the widow or widower,’’ and inserting ‘‘the 

12 widow or widower (or the surviving partner),’’; 

13 and 

14 (B) in paragraph (2), by inserting ‘‘(or the 

15 surviving partner)’’ after ‘‘for the widow or wid16 ower’’; 

17 (C) in paragraph (3), by striking ‘‘no 

18 widow or widower,’’ and inserting ‘‘no widow or 

19 widower (and no surviving partner),’’; and 

20 (D) in paragraphs (4) and (5), by inserting 

21 ‘‘surviving partner,’’ after ‘‘widow, widower,’’ 

22 each place it appears; and 

23 (2) in subsection (b)— 

24 (A) by amending paragraph (1) to read as 

25 follows: 


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1 ‘‘(1) a widow or widower dies or remarries (or 

2 a surviving partner dies or enters into a subsequent 

3 domestic partnership) before reaching age 55;’’; and 

4 (B) in the last sentence— 

5 (i) by inserting ‘‘(or surviving part6 ner)’’ after ‘‘widow or widower’’; and 

7 (ii) by inserting ‘‘(or more than one 

8 domestic partner)’’ after ‘‘husband or 

9 wife’’. 

10 SEC. 607. LUMP-SUM PAYMENT. 

11 Section 8135(b) is amended to read as follows: 

12 ‘‘(b) On remarriage (or entry into a subsequent do13 mestic partnership) before reaching age 55 a widow or 

14 widower (or surviving partner) entitled to compensation 

15 under section 8133 of this title, shall be paid a lump sum 

16 equal to twenty-four times the monthly compensation pay17 ment (excluding compensation on account of another indi18 vidual) to which that individual was entitled immediately 

19 before the remarriage (or subsequent domestic partner20 ship).’’. 

21 SEC. 608. REGULATIONS. 

22 (a) IN GENERAL.—The Secretary of Labor may pre23 scribe regulations to carry out this title and the amend24 ments made by this title. 


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1 (b) CONSULTATION.—The Secretary of Labor shall 

2 consult with the Director of the Office of Personnel Man3 agement and the heads of any other agencies whose pro4 grams are affected by this Act in order to standardize, 

5 to the extent possible, the process for establishing the ex6 istence of a domestic partnership under each such pro7 gram. 

8 SEC. 609. EFFECTIVE DATE. 

9 (a) IN GENERAL.—Subject to succeeding provisions 

10 of this section, this title and the amendments made by 

11 this title— 

12 (1) shall take effect on the date of enactment 

13 of this Act; and 

14 (2) shall apply with respect to any injury or 

15 death occurring before, on, or after such date of en16 actment. 

17 (b) TIMELY CLAIM REQUIRED; LIMITATION ON PAY18 MENTS.—No compensation shall be payable, by virtue of 

19 the enactment of this title— 

20 (1) unless timely claim therefor is filed in ac21 cordance with the provisions of sections 8122 or 

22 8193 of title 5, United States Code (as applicable), 

23 and subsection (c); or 

24 (2) with respect to any period commencing be25 fore the date of enactment of this Act. 


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1 (c) ALLOWABILITY OF CLAIMS.—In the case of an 

2 original claim for compensation for a disability or death 

3 that occurred before the date of enactment of this Act 

4 (and which would not otherwise be payable, but for the 

5 enactment of the amendments made by this title)— 

6 (1) such claim shall not be allowed if, as of 

7 such date of enactment, a claim based on such dis8 ability or death would no longer be timely (deter9 mined in accordance with such section 8122 or 8193 

10 (as applicable), before the application of paragraph 

11 (2)); and 

12 (2) the timeliness of any such claim, if not pre13 cluded by paragraph (1), shall be determined— 

14 (A) by applying the provisions of such sec15 tion 8122 or 8193 (as applicable); and 

16 (B) as if the time limitations of such sec17 tion 8122 or 8193 (as applicable) did not begin 

18 to run until the date on which implementing 

19 regulations under section 608 become effective. 

20 (d) PAYMENTS FOR PRIOR PERIODS NOT AF21 FECTED.—No recovery shall be made of compensation 

22 paid to any individual whose entitlement to compensation 

23 is terminated or reduced as a result of the enactment of 

24 this title. 


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1 TITLE VII—PROVISIONS RELAT2 ING TO EMPLOYMENT OF 

3 RELATIVES AND OTHER MAT4 TERS 

5 SEC. 701. EMPLOYMENT OF RELATIVES; RESTRICTIONS. 

6 Section 3110(a)(3) is amended by inserting ‘‘domes7 tic partner,’’ after ‘‘husband, wife,’’. 

8 SEC. 702. SETTLEMENT OF ACCOUNTS. 

9 (a) DEFINITION.—Section 5581 is amended— 

10 (1) in paragraph (1), by striking ‘‘and’’ at the 

11 end; 

12 (2) in paragraph (2), by striking ‘‘by Federal 

13 statute.’’ at the end and inserting ‘‘by Federal stat14 ute; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(3) ‘surviving partner’ has the meaning given 

17 it by sections 8341 and 8441, respectively.’’. 

18 (b) ORDER OF PRECEDENCE.—Section 5582(b) is 

19 amended by inserting ‘‘(or surviving partner)’’ after 

20 ‘‘widow or widower’’. 

21 SEC. 703. BENEFITS FOR CAPTIVES. 

22 Section 5569(j) is amended by adding at the end the 

23 following: ‘‘Such regulations shall include provisions to en24 sure that, in the administration of this section, a domestic 

25 partner shall be afforded the same status as a spouse.’’. 


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1 SEC. 704. COMPENSATION FOR DISABILITY OR DEATH. 

2 Section 5570 is amended by adding at the end the 

3 following: 

4 ‘‘(h) Regulations to carry out this section shall in5 clude provisions to ensure that, in the administration of 

6 this section, a domestic partner shall be afforded the same 

7 status as a spouse.’’. 

8 SEC. 705. FAMILY AND MEDICAL LEAVE. 

9 (a) DEFINITION.—Section 6381(6) is amended (in 

10 the matter before subparagraph (A)), by inserting ‘‘or a 

11 biological, adopted, or foster child of the domestic partner 

12 of the employee,’’ before ‘‘who is’’. 

13 (b) LEAVE REQUIREMENT.—Section 6382 is amend14 ed in subsections (a)(1)(C) and (e)(2)(A) by striking 

15 ‘‘spouse,’’ and inserting ‘‘spouse (or domestic partner),’’. 

16 (c) CERTIFICATION.—Section 6383 is amended in 

17 subsections (a) and (b)(4)(A) by striking ‘‘spouse,’’ each 

18 place it appears and inserting ‘‘spouse (or domestic part19 ner),’’. 

20 TITLE VIII—ADDITIONAL 

21 PROVISIONS 

22 SEC. 801. APPLICABILITY. 

23 This title applies with respect to— 

24 (1) benefits in the nature of family, medical, 

25 and emergency leave, as provided for under— 


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1 (A) the Family and Medical Leave Act of 

2 1993 (29 U.S.C. 2601 et seq.), insofar as that 

3 Act applies to the Government Accountability 

4 Office and the Library of Congress; 

5 (B) section 202 of the Congressional Ac6 countability Act of 1995 (2 U.S.C. 1312); or 

7 (C) section 412 of title 3, United States 

8 Code; 

9 (2) travel, transportation, and related payments 

10 and benefits, as provided for under— 

11 (A) chapter 9 of title I of the Foreign 

12 Service Act of 1980 (22 U.S.C. 4081 et seq.); 

13 or 

14 (B) section 1599b of title 10, United 

15 States Code; 

16 (3) benefits for members of the commissioned 

17 officer corps of the National Oceanic and Atmos18 pheric Administration, as provided for under— 

19 (A) section 261 of the National Oceanic 

20 and Atmospheric Administration Commissioned 

21 Officer Corps Act of 2002 (33 U.S.C. 3071); or 

22 (B) any other provisions of title 10, United 

23 States Code (apart from those made applicable 

24 by the provision of law cited in subparagraph 

25 (A)); and 


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1 (4) benefits, provided for under any other provi2 sions of law, which (as determined by the President 

3 or a designee)— 

4 (A) relate to employees or annuitants (as 

5 those terms are defined by section 2110 of title 

6 5, United States Code); and 

7 (B) are necessary to carry out the pur8 poses of this Act with respect to benefits. 

9 SEC. 802. REGULATIONS. 

10 The President (or designee) shall prescribe any regu11 lations necessary to ensure that the provisions of law iden12 tified in or under section 801 are administered in a man13 ner consistent with the purposes of this Act. 

14 TITLE IX—AMENDMENT TO THE 

15 ETHICS IN GOVERNMENT ACT 

16 OF 1978 

17 SEC. 901. AMENDMENT TO THE ETHICS IN GOVERNMENT 

18 ACT OF 1978. 

19 The Ethics in Government Act of 1978 (5 U.S.C. 

20 App.) is amended by adding at the end of title I the fol21 lowing: 

22 ‘‘DOMESTIC PARTNERS

23 ‘‘SEC. 112. (a) An employee, former employee, or an24 nuitant and the domestic partner of such employee, former 

25 employee, or annuitant (as the case may be) shall be sub26 ject to the provisions of law cited in subsection (b) to the 


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1 same extent and in the same manner as in the case of 

2 a married employee, former employee, or annuitant and 

3 the spouse of such employee, former employee, or annu4 itant (as the case may be). 

5 ‘‘(b) The provisions of law cited in this subsection are 

6 as follows: 

7 ‘‘(1) The preceding provisions of this title (re8 lating to financial disclosure requirements of Federal 

9 personnel) and the provisions of title V (relating to 

10 Government-wide limitations on outside earned in11 come and employment). 

12 ‘‘(2) Regulations prescribed under section 7301 

13 of title 5, United States Code (relating to regula14 tions for the conduct of employees in the executive 

15 branch). 

16 ‘‘(3) Section 7351 of title 5, United States 

17 Code (relating to gifts to superiors). 

18 ‘‘(4) Section 7353 of title 5, United States 

19 Code (relating to gifts to Federal employees). 

20 ‘‘(5) Chapter 11 of title 18, United States Code 

21 (relating to bribery, graft, and conflicts of interest). 

22 ‘‘(6) Section 7342 of title 5, United States 

23 Code (relating to receipt and disposition of foreign 

24 gifts and decorations). 


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1 ‘‘(7) Section 1353 of title 31, United States 

2 Code (relating to acceptance of travel and related 

3 expenses from non-Federal sources). 

4 ‘‘(8) Sections 4941 and 4946 of the Internal 

5 Revenue Code of 1986 (relating to taxes on self6 dealing and definitions and special rules). 

7 ‘‘(9) Section 455 of title 28, United States 

8 Code (relating to disqualification of justice, judge, or 

9 magistrate judge). 

10 ‘‘(c) For purposes of this section, the term ‘domestic 

11 partner’ has the meaning given such term by section 2110 

12 of title 5, United States Code.’’. 

13 TITLE X—REPORTING 

14 REQUIREMENTS 

15 SEC. 1001. REPORT OF THE PRESIDENT. 

16 Not later than 6 months after the date of the enact17 ment of this Act, the President shall transmit to the Com18 mittee on Oversight and Government Reform of the House 

19 of Representatives and the Committee on Homeland Secu20 rity and Governmental Affairs of the Senate— 

21 (1) a report on the implementation of this Act, 

22 including the amendments made by this Act; and 

23 (2) a description of any further measures that 

24 should be taken in order to carry out the purposes 

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1 lation or administrative action that may be nec2 essary. 

3 SEC. 1002. GAO REPORT. 

4 Not later than 2 years after the date of the enact5 ment of this Act, the Government Accountability Office 

6 shall transmit to the Committee on Oversight and Govern7 ment Reform of the House of Representatives and the 

8 Committee on Homeland Security and Governmental Af9 fairs of the Senate a report on the effect that this Act 

10 and any amendments made by this Act have had on pre11 miums or any other periodic charges payable by enrollees 

12 under chapter 89 of title 5, United States Code (relating 

13 to the Federal employees health benefits program), and 

14 the impact of extending benefits to domestic partners on 

15 the employee retention and recruitment efforts by the Fed16 eral government. 

Æ 


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