U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

99–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

111–376 

Calendar No. 704 

DOMESTIC PARTNERSHIP BENEFITS AND 

OBLIGATIONS ACT OF 2009 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 1102 

TO PROVIDE BENEFITS TO DOMESTIC PARTNERS OF FEDERAL 

EMPLOYEES 

DECEMBER 17, 2010.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

CHRISTOPHER A. COONS, Delaware 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

SCOTT P. BROWN, Massachusetts 

JOHN MCCAIN, Arizona 

GEORGE V. VOINOVICH, Ohio 

JOHN ENSIGN, Nevada 

LINDSEY GRAHAM, South Carolina 

MARK KIRK, Illinois 

MICHAEL L. ALEXANDER, Staff Director 

KEVIN J. LANDY, Chief Counsel 

LAWRENCE B. NOVEY, Senior Counsel 

KENYA N. WILEY, Counsel 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

AMANDA WOOD, Minority Director for Governmental Affairs 

TRINA DRIESSNACK TYRER, Chief Clerk 


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Calendar No. 704 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–376 

DOMESTIC PARTNERSHIP BENEFITS AND OBLIGATIONS 

ACT OF 2009 

DECEMBER 17, 2010.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 1102] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 1102) to provide benefits to domestic partners of Federal employees, having considered the same, 

reports favorably thereon with amendment and recommends that 

the bill, as amended, do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 26 

IV. Section-by-Section Analysis .......................................................................... 28 

V. Estimated Cost of the Legislation ................................................................ 56 

VI. Evaluation of Regulatory Impact .................................................................. 60 

VII. Changes in Existing Law .............................................................................. 60 

I. PURPOSE AND SUMMARY

The purpose of the Domestic Partnership Benefits and Obligations Act of 2010 is to bring the federal government in line with 

most of the nation’s largest employers by giving federal employees 

in same-sex domestic partnerships and their partners the same employment benefits currently offered to married federal employees 

and their spouses and to subject them to the same employment-related obligations. Employment benefits extended by the bill include 

health insurance, pension rights, family and medical leave, and 

group life insurance. Obligations imposed by the bill include financial disclosure requirements, conflict-of-interest restrictions, and 

anti-nepotism rules. 


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1See Bureau of Labor Statistics, U.S. Department of Labor, ‘‘Career Guidelines, 2010–11 Edition: Federal Government,’’ http://www.bls.gov/oco/cg/cgs041.htm; U.S. Postal Service, 2009 Annual Report, ‘‘The Challenge to Deliver: Creating the 21st Century Postal Service,’’ http:// 

www.usps.com/financials/_pdf/annual_report_2009.pdf. 2 U.S. Office of Personnel Management, Strategic Plan 2010–2015, ‘‘A New Day for Federal 

Service,’’ at page 4, http://www.opm.gov/strategicplan/StrategicPlan_20100310.pdf. 3See Employee Benefit Research Institute, Facts from EBRI, ‘‘Domestic Partner Benefits: 

Facts and Background’’ (Updated February 2009), http://ebri.org/pdf/publications/facts/ 

0209fact.pdf, entered into the record of this Committee’s hearing held on October 15, 2009 (described in note 38 below and accompanying text) at page 51. 4See section II.A.1, below, of this report. 5These consequences are described in testimony and other materials presented to this Committee at hearings on September 24, 2008 and October 15, 2009 (described in notes 37 and 38 

below and the accompanying text) and are discussed in section II.B.1, below, of this report. 

II. BACKGROUND AND NEED FOR THE LEGISLATION

With two million civilian employees, plus over six hundred thousand postal employees, the federal government is the nation’s largest employer.1 It strives, in its own words, to serve as America’s 

‘‘model employer for the 21st Century’’ with personnel policies that 

allow it to ‘‘recruit, retain and honor a world-class workforce to 

serve the American people.’’ 2

While the federal government has established successful personnel policies in many respects, there is a category of federal 

workers for whom the government’s benefits policies have fallen 

short: employees who are in same-sex domestic partnerships. 

Same-sex domestic partners—the bill’s specific definition of which 

is discussed later in this report—in general terms are two unrelated adults of the same sex who have undertaken a long-term mutual commitment to make a domestic life together and to help care 

for each other financially and otherwise.3 Federal employees with 

same-sex domestic partners in our federal workforce perform the 

same jobs as their married co-workers, yet, unlike those co-workers, cannot, by law, access a range of benefits for their partners 

and those partners’ children. This disparity not only effectively and 

unfairly diminishes these employees’ compensation when compared 

with their co-workers; it also causes great unease for many of these 

employees, whose domestic partners live without health insurance 

and the range of other important benefits that married employees 

and their families take for granted. Moreover, in its treatment of 

employees with same-sex domestic partners, the federal government is falling increasingly farther behind the private sector, 

where a large and growing number of leading employers—including 

over 60 percent of Fortune 500 companies—provide benefits for 

such employees and their domestic partners.4

This situation has real consequences for the government as an 

employer—problems in recruiting qualified employees, challenges 

in retaining them, and loss of productivity when effective employees become distracted or disheartened.5 After reviewing the current 

policy’s impact on the federal workforce and the prevalence and effect of domestic partner benefits in the private sector, the Committee has concluded that it is time to amend the law to extend domestic partner benefits to the federal workforce, so that the federal 

government can more closely mirror the policies of over 60 percent 

of Fortune 500 companies and can better compete as a model 21st 

Century employer. 


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6 Human Rights Campaign Foundation, ‘‘The State of the Workplace for Lesbian, Gay, Bisexual and Transgender Americans 2007–2008’’ (2009) at page 9, http://www.hrc.org/documents/ 

HRC_Foundation_State_of_the_Workplace_2007-2008.pdf. 7The 20 States are: Alaska, Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Iowa, 

Maine, Maryland, Montana, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode 

Island, Vermont, Washington, and Wisconsin. See Human Rights Campaign, Employer Database, http://www.hrc.org/issues/workplace/list.asp, also http://www.hrc.org/issues/workplace/ 

search.asp?form=private_quick_search.aspx; see also Center for American Progress, ‘‘One Simple 

Step for Equality: States Prove that the Federal Government Can Offer Domestic Partner Benefits with Ease’’, by Winnie Stachelberg, Josh Rosenthal, and Claire Stein-Ross (September 2008), 

http://www.americanprogress.org/issues/2008/09/pdf/domestic_partner_benefits.pdf, entered into 

the record of this Committee’s hearing held on September 24, 2008 (described in note 37 below 

and the accompanying text) at page 173). 8Statement of William H. Hendrix, Dow Chemical Company, quoted in text accompanying 

notes 42–43 below. 9Statement of Yvette C. Burton, IBM, quoted in text accompanying note 68 below. 

10Statement of Kathleen Marvel, the Chubb Corporation, quoted in text accompanying note 

119 below. 

A. AVAILABILITY OF DOMESTIC PARTNERSHIP BENEFITS

1. Most of the largest non-federal employers provide benefit coverage 

for their employees with same-sex domestic partners 

Many leading employers across the economy provide benefits to 

employees with domestic partners—and the number of those doing 

so has increased dramatically in recent years. (Such benefits are 

sometimes referred to as domestic partnership benefits, domestic 

partner benefits, or DP benefits.) Based on surveys by the Society 

for Human Resource Management and the Kaiser Family Foundation as well as its own research, the Human Rights Campaign 

Foundation has reported that, whereas only 7 percent of employers 

offered benefits for employees’ same-sex domestic partners in 1997, 

now at least one out of three employers and 50 percent of employers with 5,000 or more workers provide such benefits.6 Among the 

largest employers, as illustrated in the nearby chart (figure 1), 85 

percent of Fortune 20 companies, nearly 60 percent of Fortune 500 

companies, and over 75 percent of the highest-gross-revenue earning law firms extend benefits to their employees with same-sex domestic partners. And the numbers of companies providing such 

benefits are steadily increasing: of Fortune 100 companies, 64 percent offered same-sex partner benefits in 2003, and by 2009 that 

number had risen to 83 percent. Moreover, among non-federal governmental employers, 20 States and several hundred local jurisdictions now extend benefits to their employees with same-sex domestic partners.7 As described later in this report, several leading companies explained to the Committee their reasons for maintaining 

domestic partner benefit programs, including that offering such 

benefits— 

• ‘‘gives us an advantage’’ in helping to ‘‘ensure we attract, 

develop and advance the very best talent available in the marketplace,’’ 8

• ‘‘can improve low productivity and morale caused by inequitable workplace practices,’’ 9 and 

• ‘‘has not been a financial burden,’’ but rather, ‘‘by enabling 

us to attract and retain a wide variety of talented employees 

at every level of the organization’’, the company’s domestic 

partner benefit program ‘‘actually strengthens our financial 

underpinnings.’’ 10


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11See 5 U.S.C. 8901(5), 8905(a) (FEHB); 5 U.S.C. 8951(2), 8956(a), 8981(2), 8986(a) (Federal 

Employees Dental and Vision Insurance Program, or FEDVIP). 12See 5 U.S.C. 8341, 8441–8445. As discussed in notes 28–29 below and accompanying text, 

employees in same-sex domestic partnerships may sometimes be able to provide a survivor annuity to a same-sex domestic partner or to the dependent child of a partner under the ‘‘insurable 

interest’’ provisions of the federal annuity programs. However, married employees can provide 

their spouses and stepchildren the right to a survivor annuity under a broader range of circumstances and often of a larger size. 13See 5 U.S.C. 8101(9), 8109, 8133. 

FIGURE 1. HOW MANY FORTUNE-RANKED COMPANIES PROVIDE DOMESTIC PARTNERSHIP BENEFITS 

Fortune 20 Fortune 100 Fortune 500 Fortune 1000 AmLaw 200 

2009 Interim ............................................................... 17 (85%) 83 (83%) 293 (59%) 404 (40%) 153 (77%) 

2008 Total ................................................................... 17 (85%) 83 (83%) 286 (57%) 390 (39%) 146 (75%) 

2003 Total ................................................................... 64 (64%) 200 (40%) 

Source: Human Rights Campaign, ‘‘How Fortune-Ranked Companies Stack Up On LGPT Workplace Policies’’ (Sept. 21, 2009), http:// 

www.hrcbackstory.org/2009/09/how-fortune-ranked-companies-stack-up-on-lgbt-workplace-policies; entered into the record of the hearing before 

the Senate Committee on Homeland Security and Governmental Affairs, ‘‘Domestic Partner Benefits: Fair Policy and Good Business for the Federal Government,’’ S. Hrg. 111–758 (October 15, 2009), at page 25. 

2. Federal employees in same-sex domestic partnerships and their 

partners are ineligible under statute from participating in 

many important benefit programs 

Unlike the many non-federal employers that offer domestic partnership benefits to their employees, federal agencies largely lack 

statutory authority to do so. Among the most important benefits 

that help many employees care for their families are health, dental, 

and vision insurance, family and medical leave, workers’ compensation, and retirement benefits. Because these and several other benefits for federal employees are limited to the employees and their 

spouses, children, stepchildren, and others in specific relationships 

specified in statute, federal employees in same-sex domestic partnerships cannot turn to these benefit programs for help in caring 

for their partners or (unless the employee can legally adopt them) 

the children of their partners. 

One of the most important benefits to help employees take care 

of their families is health insurance, and federal employees can obtain family coverage under the Federal Employee Health Benefits 

(FEHB) Program and related dental and vision programs for a 

spouse, a dependent child, and a dependent stepchild. However, 

statutory provisions specify the family members that may be covered by these programs, including employees’ spouses and employees’ children, adopted and foster children, and stepchildren,11 and 

federal employees in same-sex domestic partnerships therefore 

cannot obtain coverage for their partners or the children of their 

partners. 

A second important benefit is the survivor annuity, granted to 

certain family members when retired federal employees predecease 

them. Surviving spouses, former spouses, and dependent children 

and stepchildren may have statutory rights to a survivor annuity 

under various circumstances, but, except in limited circumstances, 

those rights do not cover surviving partners, former partners, or 

children of partners.12 Also, when federal employees die from workrelated injuries, a surviving spouse, child, stepchild, or parent may 

be entitled to workers’ compensation benefits under the Federal 

Employees’ Compensation Act (FECA), but surviving partners or 

children of partners have no such statutory compensation rights.13


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14See 5 U.S.C. 6381–6382. These provisions establish minimum rights, and, as discussed in 

notes 33–34 below and accompanying text, the U.S. Forest Service (USFS), under an agreement 

with the employees’ union, recently initiated a program modeled on the FMLA under which bargaining-unit employees may use up to 12 weeks of leave each year to care for their domestic 

partners with serious health conditions. Also, as discussed in note 32 below, OPM recently covered same-sex domestic partners and their children under a government-wide program allowing 

employees to take up to 24 hours of leave without pay (LWOP) per year to help with family 

members’ routine medical, educational, and other needs. 15 Under the Federal Employee Group Life Insurance (FEGLI) program, a participating employee may elect any beneficiary, including a same-sex partner; but if no beneficiary is designated, proceeds are paid to a surviving spouse, children or other descendents, or parents of 

the deceased, or to the employee’s heirs, but not to the surviving same-sex domestic partner. 

See 5 U.S.C. 8705. 16When Federal employees are transferred or placed on an extended assignment, they can obtain reimbursement for travel with their spouse to line up housing in the new location, but not 

for such travel with their same-sex partner. See 5 U.S.C. 5724a, 5737. 17When a married federal employee dies of injuries incurred in connection with civilian serv- ice with an Armed Force in a military operation, the government pays up to $100,000 to the 

surviving spouse, but if the employee who died was in a same-sex domestic partnership, the 

partner receives nothing. See 5 U.S.C. 8102a. 18 U.S. Department of the Treasury, Office of the Comptroller of the Treasury, Careers at the 

OCC, Benefits, http://www.occ.gov/about/careers/benefits.html. 19 Id. 20 Board of Governors of the Federal Reserve System, Careers at the Federal Reserve, Benefits 

(last update April 28, 2009), http://www.federalreserve.gov/careers/benefits.htm. 

Under those portions of the Family and Medical Leave Act 

(FMLA) that are generally applicable to federal agencies, a federal 

employee is entitled to take up to 12 weeks of unpaid leave per 

year (and may substitute accrued or accumulated annual leave or 

sick leave for the unpaid leave) to care for a spouse, child, or 

parent with a serious health condition. But if the employee’s samesex domestic partner becomes seriously ill, the employee is not entitled to take FMLA leave to care for the partner.14 Several other 

benefit programs for federal employees—group life insurance,15 reimbursement for certain travel and relocation expenses,16 and 

death gratuities for civilians serving with Armed Forces in military 

operations 17—likewise have statutory provisions on eligibility that 

prevent federal employees in same-sex partnerships from fully participating. 

3. Certain benefits, authorized under more flexible statutory authorities, are being extended to federal employees in same-sex 

domestic partnerships 

A few federal agencies involved in financial services, a sector 

where competition for talent is especially fierce, have been granted 

some statutory flexibility to establish benefit packages for their 

own employees and have used that flexibility to extend limited benefits for employees in domestic partnerships. For example, the 

Treasury Department’s Office of the Comptroller of the Currency 

(OCC) states in its employee-recruitment materials that employees 

with domestic partners and the children of domestic partners are 

eligible to receive a health insurance subsidy if the partners and 

children are not eligible for group health insurance through another employer or under another group-sponsored plan.18 They also 

are eligible for coverage under the OCC’s dental, vision, and group 

life insurance programs at little or no cost to the employee, and 

may receive the same allowances and benefits upon relocation that 

employees with spouses and children receive.19 The Federal Reserve Board likewise promotes to potential recruits that it ‘‘provides limited health, dental, and vision benefits to domestic partners.’’ 20 And Federal Deposit Insurance Corporation (FDIC) emVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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21FDIC, New Employee Resources, Domestic Partner Program (Revised 03/14/2010), http:// 

www.fdic.gov/newemployee/PDF/domesticpartnerprogramsummary.pdf. 22The President, Memorandum on Federal Benefits and Non-Discrimination (June 17, 2009), 

Daily Compilation of Presidential Documents, 2009 DCPD No. 00477, http://www.gpoaccess.gov/ 

presdocs/2009/DCPD-200900477.pdf. 23 Hillary Rodham Clinton, Secretary of State, ‘‘Benefits for Same-Sex Domestic Partners of 

Foreign Service Employees’’ (Washington, DC, June 18, 2009), http://www.state.gov/secretary/rm/ 

2009a/06//125083.htm. Among the benefits provided for declared same-sex partners of employees 

serving oversees will be: diplomatic passports; the inclusion on employee travel orders; inclusion 

in housing allocations and payment of overseas differentials; the use of medical facilities at posts 

abroad; medical evacuation from posts abroad; emergency travel for the partners to visit gravely 

ill or injured employees; emergency evacuation from posts abroad; and training at the Foreign 

Service Institute. 24 U.S. OPM, Final Rule, ‘‘Federal Long Term Care Insurance Program: Eligibility Changes,’’ 

75 Fed. Reg. 30267 (June 1, 2010) (amending 5 C.F.R. Part 875), http://www.gpo.gov/fdsys/pkg/ 

FR-2010-06-01/pdf/2010-13015.pdf. 25 U.S. OPM, Final Rule, ‘‘Absence and Leave’’ 75 Fed. Reg. 33491 (June 14, 2010) (amending 

5 C.F.R. part 630), http://www.gpo.gov/fdsys/pkg/FR-2010-06-14/pdf/2010-14252.pdf. The regulatory changes allow the receipt of donated annual leave under the Voluntary Leave Transfer, 

Leave Bank, and Emergency Leave Transfer Programs. The regulation covers both same-sex and 

opposite-sex domestic partners. 26The President, Memorandum on Extension of Benefits to Same-Sex Domestic Partners of 

Federal Employees (June 2, 2010) (‘‘2010 Presidential Memorandum’’), Daily Compilation of 

ployees with domestic partners are eligible for a health insurance 

subsidy, coverage under the FDIC’s dental, vision, dependent life 

insurance, and business travel accident insurance plans, and allowances upon relocation.21

In addition, some programs offering benefits to federal employees—some government-wide and others agency-specific—are not 

statutorily limited to specific family members, and, in a June 17, 

2009 memorandum to all departments and agencies, the President 

directed agencies to extend the same benefits to federal employees’ 

same-sex domestic partners as the agency currently gives to 

spouses where such extension of benefits was permissible under the 

law.22 The memorandum, stating that extending certain benefits 

would help agencies compete with the private sector in recruiting 

and retaining talent, noted that the Secretary of State, who oversees the Foreign Service, and the Director of the Office of Personnel Management (OPM), who oversees the civil service, had already identified areas where domestic partner benefits could be 

provided. The memorandum directed the Secretary and the Director to extend the benefits that they had identified, and it also instructed all agencies to identify additional authorities under which 

the agencies can extend other benefits to same-sex partners of federal employees and to report back to OPM. 

Following up on the Presidential memorandum, the Secretary of 

State announced on June 18, 2009, that ‘‘the Department of State 

is extending the full range of legally available benefits and allowances to same-sex domestic partners of members of the Foreign 

Service sent to serve abroad.’’ 23 Also, the Director of OPM made 

regulatory changes to two civil service benefit programs, allowing 

domestic partners of federal employees to apply for coverage under 

the Federal Long Term Care Insurance Program (FLTCIP) 24 and 

clarifying that federal employees’ domestic partners, their children, 

and their parents may be considered for determining employee eligibility to take sick leave and funeral leave and to receive donated 

annual leave under leave-transfer and leave-bank programs.25

The President issued a second memorandum, on June 2, 2010, 

requiring agencies to extend several additional kinds of benefits to 

employees in same-sex partnerships.26 Specifically, the President 


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Presidential Documents, 2010 DCPD No. 00450, http://www.gpoaccess.gov/presdocs/2010/DCPD201000450.pdf. 27 Id., sections 1(a)(i)–(iii), (v), (vii). 28 Id., section 1(a)(iv). Under current law, if an employee can demonstrate good health and 

can demonstrate that another individual has an ‘‘insurable interest’’ in the employee (i.e., that 

the individual could reasonably expect to derive financial benefit from the employees’ continued 

life), the employee may elect to receive a reduced annuity in order to provide a survivor annuity 

to the other individual. See 5 U.S.C. §§ 8339(k)(1), 8341(c), 8420, 8444; OPM, Retirement Information and Services, ‘‘Survivor Benefit Elections, Court-Ordered Benefits, and Children’s Benefits’’ (‘‘OPM, Survivor Benefit Elections’’), http://www.opm.gov/retire/faq/post/faq2.asp. After 

OPM fulfills the requirement in the 2010 Presidential Memorandum, same-sex domestic partners of retiring employees would be presumed to have an insurable interest in the employee. 29Married employees’ spouses and spouses’ children can become entitled to a survivor annuity 

under a broader range of circumstances, and often of a larger size, than employees’ same-sex 

domestic partners and partners’ children. For example, when married employees die after retirement or after a significant period of service as an employee, the surviving spouse is generally 

entitled to a survivor annuity. See 5 U.S.C. §§ 8341, 8442, 8445; OPM, ‘‘Survivor Benefit Elections,’’ note 28 above. By contrast, even after the OPM Director has added same-sex domestic 

partners to the list of individuals presumed to have an insurable interest, an employee who dies 

before retirement or who is not in good health at retirement would not be able to designate the 

domestic partner as a person entitled to a survivor annuity. Moreover, even if an employee is 

in good health at retirement and designates the domestic partner to receive a survivor annuity, 

the size of both the retiree’s annuity and the domestic partner’s survivor annuity may be significantly reduced if the employee is more than a few years older than the domestic partner. 30 June 2010 Presidential Memorandum, note 26 above, section 1(b). 31OPM Director John Berry, Memorandum for Heads of Executive Departments and Agencies, 

‘‘Implementation of the President’s Memorandum Regarding Extension of Benefits to Same-Sex 

Domestic Partners of Federal Employees’’ (June 2, 2010), http://www.chcoc.gov/Transmittals/ 

TransmittalDetails.aspx?TransmittalID=2982. 

directed the OPM Director to clarify that employees’ same-sex domestic partners and the partners’ children qualify for a variety of 

benefits that are available to spouses and their children.27 He also 

told the OPM Director to publish a rule change making it easier 

for employees, if they are in good health when they retire, to grant 

their same-sex domestic partners the right to a survivor annuity 

under the ‘‘insurable interest’’ provisions of federal annuity programs.28 (Even with this change, employees in domestic partnerships will only be able to provide survivor annuities to their partners under far narrower circumstances, and often in smaller 

amounts, than married employees.29) Moreover, the Presidential 

memorandum requires the Administrator of General Services to 

clarify the scope of coverage of the Federal Travel Regulations so 

that employees may obtain reimbursement for appropriate travel, 

relocation, and subsistence expenses for a domestic partner and 

partner’s children.30

Pursuant to this second memorandum, the OPM Director distributed guidance to all departments and agencies to ensure consistent 

and appropriate implementation of domestic partner benefits government-wide.31 The OPM memorandum provided a uniform definition of ‘‘domestic partner’’ and listed the kinds of benefits that 

many agencies provide to their employees’ spouses and their children and that, under the presidential memorandum, the agencies 

must extend to same-sex domestic partners and their children as 

well. The list includes benefits available at many agencies, such as 

credit union membership, access to fitness facilities, and counseling, as well as more specialized benefits that only certain agencies provide, such as access to medical treatment, reimbursement 

of health insurance premiums, life insurance for dependents, and 

employment opportunities for spouses when employees are transferred. 

Under an interpretation of applicable FMLA provisions that the 

OPM Director issued on August 31, 2010, a federal employee who 

will share in raising a child born to or adopted by the employee’s 


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32OPM Director John Berry, Memorandum for Chief Human Capital Officers, ‘‘Interpretation 

of Son or Daughter’ Under the Family and Medical Leave Act’’ (Aug. 31, 2010), http:// 

www.chcoc.gov/transmittals/TransmittalDetails.aspx?TransmittalID=3122. The OPM Director’s 

interpretation applies to both same-sex and opposite-sex partners, and is based on the recent 

Administrator’s Interpretation No. 2010–3, published by the U.S. Department of Labor, Wage 

and Hour Division, interpreting provisions of the FMLA and of the Department’s FMLA regulations that apply generally to the private sector and to other employees outside of the federal 

civil service, http://www.dol.gov/whd/opinion/adminIntrprtn/FMLA/2010/FMLAAI2010_3.pdf. 

Moreover, the OPM Director on September 10 issued amended guidance on the government’s 

‘‘24-Hour LWOP Family Support Policy.’’ Under a Presidential memorandum issued in 1997, federal agencies are encouraged to allow their employees to schedule up to 24 hours of leave without pay (LWOP) each year to participate in school activities for children, to accompany their 

children to routine medical or dental appointments, and to help elderly relatives get routine 

medical and dental care and other services. The June 2010 Presidential Memorandum 

instructed the OPM Director to issue amended guidance so that the 1997 policy may be used 

to meet the needs of a same-sex domestic partner and a partner’s children. The OPM Director 

issued such guidance on September 10, 2010. See OPM Director John Berry, Memorandum for 

Chief Human Capital Officers, ‘‘Extension of 24-Hour LWOP Family Support Policy to SameSex Domestic Partners of Federal Employees’’ (Sept. 10, 2010), http://www.chcoc.gov/transmittals/TransmittalDetails.aspx?TransmittalID=3146. 33See Emily Long, ‘‘Domestic Partner Benefits Get Another Boost,’’ 

GOVERNMENTEXECUTIVE.COM (Oct. 27, 2010), http://www.govexec.com/dailyfed/1010/ 

102710l1.htm; NFFE, ‘‘Master Agreement Focus—Leave (Article 20),’’ THE VOICE: THE OFFICIAL

NEWSLETTER OF THE FOREST COUNCIL (FSC) (Fall Issue, Oct., 2010), at page 3, http://www.nffefsc.org/documents/voice/The_Voice_Fall_Issue_v.6.pdf. 34 Under the USFS agreement, both same-sex and opposite-sex domestic partners are covered. 

The agreement also allows an employee to use leave to care for the parents of a domestic partner, the domestic partner of other close relatives, and any other individual related by blood or 

affinity whose relationship to the employee is the equivalent of a family relationship. 35The President, Statement on the Extension of Benefits to Same-Sex Domestic Partners of 

Federal Employees (June 2, 2010), Daily Compilation of Presidential Documents, 2010 DCPD 

No. 00449, http://www.gpoaccess.gov/presdocs/2010/DCPD-201000449.pdf; the President, Statement on Signing a Memorandum on Federal Benefits and Non-Discrimination and Support of 

Domestic Partners Benefits and Obligations Legislation (June 17, 2009), Daily Compilation of 

Presidential Documents, 2009 DCPD No. 00476 http://www.gpoaccess.gov/presdocs/2009/DCPD200900476.pdf. 

domestic partner may take FMLA leave following the birth or 

adoption of the child, and a federal employee who provides care for 

such a child may take FMLA leave if the child has a serious health 

condition.32 Also, the U.S. Forest Service (USFS) recently began a 

new program, modeled on the FMLA, providing leave benefits to 

employees in same-sex domestic partnerships.33 Under the new 

program, which was negotiated with the USFS employees’ union, 

employees in bargaining units will be able to take up to 12 weeks 

of unpaid or accrued leave each year to care for a domestic partner 

with a serious health condition.34

While these Executive actions represent significant steps, such 

actions cannot, by statute, allow federal employees in domestic 

partnerships and their partners to have full access to health insurance, survivor annuities, workers’ compensation, and other key employee benefits. For this reason, the President, in issuing each of 

his memoranda, recognized that legislation would be needed and 

called upon the Congress to enact the Domestic Partnership Benefits and Obligations Act.35

B. DOMESTIC PARTNERSHIP BENEFITS AND OBLIGATIONS LEGISLATION

FOR FEDERAL EMPLOYEES

To help the federal government catch up with major national employers, Senator Lieberman and Senator Collins introduced the Domestic Partnership Benefits and Obligations (DPBO) Act (S. 1102). 

Thirty other Senators currently cosponsor the bill. 

S. 1102 would amend applicable statutory provisions to make 

federal employees in same-sex domestic partnerships and their 

partners eligible for the same employee benefits and subject to the 

same employee obligations as married employees and their spouses. 


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36 1 U.S.C. § 7. This provision is further discussed in section II.C.3, below, of this report. 37 Hearing before the Committee on Homeland Security and Governmental Affairs, ‘‘Domestic 

Partner Benefits for Federal Employees: Fair Policy and Good Business,’’ S. Hrg. 110-944 (September 24, 2008) (‘‘2008 Hearing’’), http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi? dbname= 

110_senate_hearings&docid=f:45581.wais.pdf. Some hearing materials are also available at 

http://hsgac.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ ID=4567a0c5- 

c026-461d-8b28-d30898f5e3d9. The 2008 Hearing discussed the bill introduced in the 110th Congress (S. 2521), which was identical to this Congress’s S. 1102. 38 Hearing before the Committee on Homeland Security and Governmental Affairs, ‘‘Domestic 

Partner Benefits: Fair Policy and Good Business for the Federal Government,’’ S. Hrg. 111–758 

(October 15, 2009) (‘‘2009 Hearing’’). Some hearing materials are available at http:// 

hsgac.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=d5347e63-e680- 

4ebf-8b9d-5eb5f8cd5e79. 39See also Employee Benefit Research Institute, Facts from EBRI, note 3 above. 

The bill uses a strict definition of domestic partner, requiring those 

seeking benefits to certify (subject to criminal penalties if they submit false information) that they and their domestic partners have 

a common residence and, among other things, share responsibility 

for a significant measure of each other’s welfare and financial obligations. The bill makes employees in domestic partnerships eligible 

for all benefits available to married federal employees, including 

health insurance, retirement benefits, workers’ compensation, and 

family and medical leave. Under the legislation, employees who 

apply for domestic partner benefits would also have to comply with 

obligations that currently relate to married employees and their 

spouses, such as financial disclosure requirements, conflict of interest rules, and nepotism restrictions. The bill does not alter the definition of marriage or spouse as established under the Defense of 

Marriage Act (DOMA), which establishes that these terms in any 

federal statute or regulation can mean only an opposite-sex union 

or a person of the opposite sex who is a husband or wife.36 Nothing 

in S. 1102 would cause a same-sex marriage or a same-sex spouse 

recognized by any State’s law, or a domestic partnership or a domestic partner recognized under S. 1102, to be deemed a ‘‘marriage’’ or a ‘‘spouse’’ within the meaning of any federal statute or 

regulation. 

To examine the proposed DPBO Act, the Committee held a hearing on September 24, 2008, in the 110th Congress (2008 Hearing),37 and a second hearing during the 111th Congress, on October 

15, 2009 (2009 Hearing).38 At these hearings, the Committee heard 

testimony and received statements from major national corporations, federal employees and their representatives, elected and appointed officials of the federal government, and advocacy and research organizations. 

The testimony showed that employers offer domestic partner 

benefits for two basic reasons: it is a good business decision, giving 

employers an advantage in attracting and retaining employees in 

the diverse contemporary workforce, and it is the right and fair 

thing to do.39


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40See Id.; Hewitt Associates, ‘‘Benefit Programs for Domestic Partners & Same-Sex Spouses,’’ 

Hewitt Associates, Lincolnshire, IL (July 2005). 41Statement of Yvette C. Burton, Ph.D., Global Business Development Executive, GLBT and 

Human Capital Management Segments, IBM, entered into the record of the 2008 Hearing, note 

37 above, at pages 34, 37. 42Statement of William H. Hendrix, Ph.D. Global Leader, Gays, Lesbians and Allies at Dow, 

Dow Chemical Company, at page 2, entered into the record of the 2009 Hearing, note 38 above, 

at page 85. 43 Id. 44Letter from Deborah A. Elam, Vice President and Chief Diversity Officer, Corporate Human 

Resources, General Electric Company (September 17, 2008) (‘‘GE Letter’’), entered into the 

record of the 2008 Hearing, note 37 above, at pages 147, 148. 45 Id. 46 Center for American Progress, ‘‘One Simple Step for Equality: States Prove that the Federal 

Government Can Offer Domestic Partner Benefits with Ease,’’ note 7 above. 

1. Offering domestic partner benefits would be a good business 

decision for the federal government, as it is for non-federal 

employers 

a. Recruitment and retention 

The primary reason why employers offer domestic partnership 

benefits is to attract and retain employees,40 and witnesses before 

this Committee described how such benefit programs provide a 

competitive advantage to their companies. Testifying for IBM, 

Yvette C. Burton told the Committee that ‘‘[f]or over a decade, IBM 

has used domestic partner benefits as a differentiating and competitive method to attract employees.’’ 41 For Dow Chemical Company, William H. Hendrix, III, explained in similar terms— 

With a shrinking and ever more diverse talent pool—particularly in the sciences and engineering—it is essential for us to 

actively include everyone to ensure we attract, develop and advance the very best talent available in the marketplace.42

‘‘When we discuss Domestic Partnership policies in the workplace,’’ 

Hendrix concluded, ‘‘we do so knowing that this policy gives us an 

advantage.’’ 43

The General Electric Company (GE) submitted a letter for the 

2008 Hearing that described specific statements by gay and lesbian 

university students who were about to enter the labor market and 

‘‘expressed that while a record of innovation and strong culture 

were key drivers of an employment decision, the lack of domestic 

partner benefits would be an automatic disqualifier.’’ 44 The letter 

also said that gay and lesbian employees already at GE ‘‘frequently 

echo this sentiment,’’ explaining, ‘‘While most do not participate in 

these benefits based upon their own individual family status, many 

indicate that it is a key reason why they remain at GE.’’ 45

A survey of State governments that offer domestic partner benefits to employees, prepared by the Center for American Progress, 

likewise found that offering these benefits yield advantages in recruitment and retention.46

The private-sector witnesses also informed the Committee that 

the competitive advantage from offering domestic partnership benefits goes beyond recruits and employees who are gay or lesbian. Dr. 

Hendrix testified about Dow’s experience: ‘‘We have had potential 

employees who are heterosexual and married express that they felt 

DP benefits were a good indicator of how the company would treat 


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47 Response from William H. Hendrix, Dow Chemical Company, to question #1, Post-Hearing 

Question Submitted from Senator Tom Carper for the Record of the 2009 Hearing, note 38 

above, at page 106 (emphasis in original). 48Statement of William H. Hendrix, Dow Chemical Company, note 42 above, at page 87. 49Statement of Yvette C. Burton, IBM, note 41 above, at pages 38–39. 50 Response from William H. Hendrix, Dow Chemical Company, to question #1, Post-Hearing 

Question Submitted from Senator Joseph I. Lieberman for the Record of the 2009 Hearing, note 

38 above, at page 104. 51 Id. 52 Id. 53Statement of John Berry, Director, U.S. Office of Personnel Management (OPM), at page 

2, entered into the record of the 2009 Hearing, note 38 above, at page 36. 54 Response by OPM Director John Berry to question #1, Post-Hearing Questions Submitted 

from Senator Lieberman for the Record of the 2009 Hearing, note 38 above, at page 95. 

ALL employees within the workforce.’’ 47 Hendrix further described 

that other companies reported similar findings: 

Many companies report that the implementation of domestic 

partner benefits helps attract and retain critical talent from 

non-gay and lesbian talent. These particular candidates have 

reported that the existence of a domestic partner benefits policy shows that the company values and truly believes in a 

workplace that respects and protects all employees. It also 

shows our commitment to including diverse perspectives. This 

trend is especially prevalent among younger candidates of the 

workforce—a segment crucial to the future demographics of 

any employer.48

Dr. Burton testified likewise that IBM found its domestic partner 

benefits help attract and retain heterosexual talent—particularly 

among younger recruits and employees.49

Dr. Hendrix also explained that Dow’s domestic partner benefit 

policy is a valuable tool in recruiting for key mid-career and management positions.50 For example, Dow recently hired a mid-level 

scientist, who had critical skills that Dow needed for a business 

project, and whom Dow was able to lure away from a small startup that lacked domestic partner benefits partly because the recruit 

was attracted to such benefits at Dow.51 Dow also found its benefit 

policy was of paramount importance in convincing another recruit, 

who recently relocated from a California university to Dow’s Midland, Michigan, facility because the employee would not have wanted to move if the relocation had left his partner without health insurance coverage.52

The Committee also heard testimony from federal officers and 

employees and employee representatives, who provided their views 

on the advantages that the federal government could gain from offering domestic partner benefits—advantages of the same kind as 

those that witnesses from the private sector described. OPM Director John Berry testified at the Committee’s 2009 hearing that the 

government’s failure to provide benefits to employees with samesex domestic partners ‘‘directly undermines the Federal Government’s ability to recruit and retain the Nation’s best workers.’’ 53

Berry based his opinion on the experience of employers in both the 

public and private sector who have found domestic partner benefits 

an effective tool for recruitment and retention, as well as the prevalence of these benefits in the private sector, especially among 

large employers.54 From this, he concluded, 

If we fail to offer comparable job benefits to all our employees, the Federal Government will have a more difficult time 

competing effectively with other large employers for talent. 


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55 Id. 56Statement of Frank A. Hartigan, Deputy Regional Director, San Francisco Regional Office 

of the Division of Supervision and Consumer Protection, Federal Deposit Insurance Corporation, 

testifying on his own behalf, entered into the record of the 2008 Hearing, note 37 above, at page 

53. 57 Id. at page 55. 58See text accompanying notes 48–49 above. 59Senate Committee on Homeland Security and Governmental Affairs, Report to accompany 

S. 732, ‘‘Federal Hiring Process Improvement Act of 2010,’’ S. Rept. 111–184 (May 12, 2010), 

at page 3. 60See text accompanying notes 50–52 above. 61Statement of Colleen M. Kelley, National President, NTEU, entered into the record of the 

2008 Hearing, note 37 above, at pages 41, 46. 

. . . Offering domestic partner benefits will help address employment gaps and assist agencies in recruitment and retention.55

The perspective of an experienced agency manager was provided 

at the Committee’s 2008 hearing by Frank A. Hartigan, a Deputy 

Regional Director with 24 years’ experience at the Federal Deposit 

Insurance Corporation (FDIC).56 Mr. Hartigan, who testified on his 

own behalf, and who also is gay, reaffirmed that ‘‘[t]he lack of domestic partner benefits puts the government at a distinct disadvantage when trying to attract and retain a qualified workforce,’’ and 

he explained how offering such benefits is particularly important 

for agency recruitment and retention of younger candidates: 

‘‘Young gay and lesbian individuals certainly consider domestic 

partner benefits when deciding between potential jobs and employers. They are much more enlightened to the issue of domestic partner benefits than I was when I entered the federal workforce.’’ 57

Hartigan, from his perspective as a federal manager, reported observations similar to those of private-sector witnesses (noted 

above),58 that offering domestic partner benefits is particularly valuable for attracting and hiring younger workers, including both gay 

or lesbian and heterosexual candidates. And strengthening the 

ability to attract and hire younger workers is especially critical for 

the federal government. As this Committee recently concluded in a 

different context, ‘‘the government must hire a large number of 

entry-level employees to create a career pipeline, especially to fill 

the many openings impending retirements will soon create,’’ but 

the current federal hiring process is weakest when it comes to recruiting and hiring younger workers.59

The federal government also has a continuing need to attract 

mid-career candidates in highly skilled and specialized fields, and, 

as Dr. Hendrix illustrated with examples involving Dow Chemical 

Company’s successful hiring efforts,60 the ability to offer domestic 

partner benefits can serve as an important recruitment tool when 

targeting particular individuals. Colleen M. Kelley, National President of the National Treasury Employees Union (NTEU), observed 

in testimony before the Committee that many desirable mid-career 

candidates ‘‘are part of a settled domestic partner couple’’, and ‘‘[t]o 

ask a highly qualified candidate to relocate and to expect the candidate’s domestic partner to leave his or her employment and employer sponsored health insurance to move to a new city is simply 

a recipe to miss out on the best and most able candidates.’’ 61

Finally, Hartigan—testifying before the FDIC started providing 

domestic partner benefits—gave the following illustration of how 

the lack of such benefits significantly harmed his agency by causing the loss of a highly valuable employee: 


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62Written statement of Frank A. Hartigan, note 56 above, at page 57. 63See MetLife, Inc., 8th Annual Study of Employee Benefit Trends: Findings from the National Survey of Employers and Employees (2010), at page 10, 32, http://metlife.com/assets/ 

institutional/services/insights-and-tools/ebts/Employee-Benefits-Trends-Study.pdf. The term 

‘‘presenteeism,’’ analogous to absenteeism, is most often used to refer to the problem of workers’ 

being on the job but, because of illness or other medical conditions, not fully functioning. However, as in the MetLife survey and in the testimony of Frank Hartigan at the September 2008 

Hearing, the term is also used to refer to lost productivity due to employees’ being on the job 

but not fully functioning because of financial or other concerns. 64Statement of Kathleen Marvel, Senior Vice President and Chief Diversity Officer, the Chubb 

Corporation, entered into the record of the 2008 Hearing, note 37 above, at pages 149, 151–152. 65The acronym ‘‘GLBT’’ or ‘‘LGBT’’ refers collectively to gay, lesbian, bisexual, and 

transgendered. 66Statement of William H. Hendrix, Dow Chemical Company, note 42 above, 2009 Hearing 

at page 86. 

Another manager recently told me about a woman who left 

the government for private-sector employment, specifically because of the lack of domestic partner benefits. The employee 

left the FDIC, taking the training and expertise that was paid 

for by the agency to a private-sector company that offers domestic partner benefits. The federal government lost a very 

smart and valuable employee in this situation.62

b. Productivity 

Beyond the value for recruitment and retention, businesses have 

found that offering domestic partner benefits helps improve the existing workforce’s productivity. Research shows that employee benefits can provide concrete value to the company by helping employees avoid financial concerns that harm productivity through absenteeism and ‘‘presenteeism.’’ 63 An employee testimonial, illustrating 

how a lack of domestic partner benefits could undermine productivity, came to the Committee in a statement from the Chubb Corporation (a leading insurance and financial corporation): 

For most of the 12 years since Chubb began offering DPB 

[domestic partnership benefits], my partner (for the past 15 

years) and I have not had the need to utilize them—but there 

have been two occasions which were exceptions. . . . My partner has various health issues which require ongoing prescriptions that would cost thousands of dollars each month if he 

had no medical coverage, and so the security of being able to 

add him to my coverage for brief periods of time was critical 

to both our financial and emotional well being. It is not too 

much of a leap to be able to see how important the availability 

of such benefits can be to an employee’s overall productivity.64

Companies have also found that offering same-sex domestic partnership benefits helps them in less tangible, but important, ways 

by enabling gay and lesbian employees to be more fully engaged in 

their work and committed to the company. Dr. Hendrix explained 

that one reason Dow’s GLBT 65 policies, including domestic partner 

benefits, have been good for the workplace is that employees ‘‘know 

that they can perform their jobs openly and with full support of 

their family situation without fear of repercussion and therefore 

have more reason to be committed to the company in return.’’ 66 Dr. 

Burton expanded on this same point: 

Unfortunately, many GLBT employees spend a good deal of 

their workdays concealing their orientation from co-workers for 

fear of backlash or adverse impact to career advancement. The 

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67Statement of Yvette C. Burton, IBM, note 41 above, at page 38. 68 Id. 69GE Letter, note 44 above, 2008 Hearing at page 148. 70Statement of Frank A. Hartigan, note 56 above, 2008 Hearing at page 63. 71 Id. at pages 61–62. 

lem by signaling to all employees that GLBT employees are not 

equally valued in the workplace. . . .67

To address this kind of situation, Dr. Burton has found that offering such benefits ‘‘can improve low productivity and morale 

caused by inequitable workplace practices, thereby creating a positive work environment.’’ 68 GE, which offers domestic partner benefits, likewise described the experience of its own gay and lesbian 

employees who reported that ‘‘the benefits are not only a protection 

of the health and welfare of their current and future families, but 

representative of a culture where they can bring their whole selves 

to work enabling performance and innovation.’’ 69

Hartigan illustrated how the failure to provide benefits for employees’ same-sex domestic partners affects productivity within federal agencies by describing his and his colleagues’ actual observations. Like the witnesses from IBM and Dow, Hartigan explained 

how a lack of domestic partner benefits causes needless and harmful ‘‘presenteeism’’ and offered this stark example: 

A colleague of mine who has been with the government for 

23 years recently relocated. His partner of 18 years left his 

full-time position with benefits to relocate with him. This particular employee has moved several times for the agency to 

take positions of increasing authority and responsibility. However, during the most recent move, his partner experienced a 

medical crisis requiring emergency treatment and hospitalization. This occurred before the partner had found new employment and benefits. The medical bills resulting from the emergency totaled nearly $30,000. Had the federal government offered domestic partner medical benefits, the employee would 

have purchased family coverage for his partner. This situation 

caused the employee severe mental distress at a time when he 

had just taken on a new and more challenging job. Needless 

to say, he was not able to give his all to his new position.70

In this example, the employee agreed to the relocation and he 

and his partner endured the costs. Frequently, though, employees 

and their partners will not take such a risk, resulting in another 

kind of harm to agency productivity: that employees sometimes decline transfers to positions where their talents would better serve 

the agency’s mission, because accepting the transfer would leave 

the domestic partner without medical benefits. Hartigan described 

examples of this situation as well, including the following experience of an FDIC colleague. The employee and same-sex partner 

were considering whether to relocate to enable the employee to 

take a job with higher responsibility, but— 

given the lack of domestic partner health insurance benefits, 

this was never an option for them. Since the partner could not 

be covered by FEHB insurance, they did not want to take the 

risk of the partner being unemployed, if only for a short time 

during the relocation process.71


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72 AFGE is the largest federal-sector labor union, representing more than 600,000 employees. 73Statement of Sherry Bracey, Program Manager, Women’s and Fair Practices Department, 

AFGE, entered into the record of the 2008 Hearing, note 37 above, at pages 48, 50–52. 74 Id. at page 51. 

2. Providing domestic partnership benefits to its employees, and imposing domestic partnership obligations upon them, would be 

the right and fair thing for the federal government to do 

In addition to explaining why offering domestic partner benefits 

would be a good business decision for the federal government, witnesses explained why it would be the right thing to do. For example, Sherry Bracey, the program manager of the Women’s and Fair 

Practices Department of the American Federation of Government 

Employees, AFL–CIO, (AFGE) 72 illustrated the unfairness of current law by comparing, in detail, the benefits available to a highperforming and valuable federal employee whose family consists of 

an opposite-sex spouse and two stepchildren, compared with the 

benefits available to a high-performing and valuable federal employee whose family consists of a same-sex domestic partner and 

the partner’s two children.73

Because DPBO legislation is not yet law, Bracey explained, ‘‘the 

two workers will receive vastly different compensation in return for 

their work for the federal government.’’ 74 One will be eligible for 

a family health-insurance FEHB plan, partly paid for by the employing agency, covering all members of the family, whereas the 

employee with the domestic partner and children will be eligible for 

only single coverage under an FEHB plan and will have to find coverage for the rest of the family through the partner’s employment, 

if any, or on the open market. 

If the married employee dies early, the surviving spouse and children could be eligible for substantial benefits under one of the retirement systems; in identical circumstances, the other employee’s 

surviving partner and children would receive nothing. If the two 

employees became disabled, the one with a spouse and stepchildren 

would receive substantially higher disability benefits than the one 

with a partner and the partner’s children. If the two federal employees live until after retirement and then die, the surviving 

spouse or stepchild of the married employee would have a greater 

chance of receiving a substantial survivor annuity than the surviving partner and partner’s child. 

Hartigan, from his experience as a federal manager, provided a 

concrete example of how this disparity affected a federal employee 

and the employee’s family. One of Hartigan’s colleagues at the 

FDIC had worked for the government for nearly 28 years, was in 

a long-term relationship with a same-sex domestic partner and together with the partner was raising three adopted children. The 

employee could obtain health insurance under FEHB for himself 

and the adopted children, but not for his partner. They therefore 

had to purchase separate insurance for the partner from the private insurance market, at a cost of nearly $9,000 per year. That 

insurance had such high deductibles and other limits that the couple had to postpone needed surgery for the partner because they 

could not afford it. And this financial strain was imposed on a family struggling to save for college. 

Witnesses also described the pervasive disappointment and unhappiness that such unfair treatment engenders in the federal 


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75 NTEU is the largest independent federal-sector labor union, representing over 150,000 

workers at 31 different agencies. 76Statement of Colleen M. Kelley, NTEU, note 61 above, 2008 Hearing at page 44. 77 Id. 78 Id. (emphasis in original). 79The Merit System Principles are codified at 5 U.S.C. § 2301, and the third such principle 

states, in relevant part: ‘‘Equal pay should be provided for work of equal value . . . .’’ 80Statement of Sherri Bracey, AFGE, note 73 above, 2008 Hearing at page 52. 81Statement of Frank A. Hartigan, note 56 above, 2008 Hearing at page 63. 82 Id. 83Statement of Colleen M. Kelley, NTEU, note 61 above, 2008 Hearing at page 42. 84 Id. 

workforce. Ms. Kelley, the NTEU National President, told the Committee that NTEU members 75 frequently express concern at union 

meetings, conferences and direct inquiries about the lack of domestic partner benefits.76 She emphasized that resolutions supporting 

such benefits have been debated and passed at NTEU national conventions, where it was demonstrated that ‘‘the federal employee 

support for domestic partner benefits is broad and nationwide.’’ 77

‘‘And increasingly,’’ she testified, ‘‘particularly among new hires, it 

is not only desire and need but there is an expectation of domestic 

partner benefits from NTEU members who have received those 

benefits in the private sector.’’ 78

Sherry Bracey, testifying for AFGE, put these issues of unfairness into the context of the merit system principle of pay equity,79

which the federal system of personnel management is bound to uphold: 

How can anyone square these facts with the merit system 

principle of equal pay for substantially equal work? 

The answer is that one cannot justify discriminating against 

federal employees who are in domestic partnerships versus federal employees who are in conventional marriages. All else 

equal, sexual orientation should not form the basis of discrimination in compensation. . . .80

‘‘Perhaps the worst effect of the disparity,’’ according to Hartigan, 

‘‘is in how it can make the gay or lesbian employee feel about their 

employer, about their colleagues, and about themselves.’’ 81 He explained: 

One of my colleagues expressed it this way, ‘‘It is difficult for 

me to understand why I would be punished, when a married 

counterpart who was promoted at the same time as me, is receiving full relocation benefits. Do we really want productive 

government employees to feel punished?’’ 82

Ms. Kelley, president of NTEU, also explained that ‘‘[t]he integrity of the civil service system demands not only that there be fairness in benefits but that nepotism and other abuses not be permitted because of an exemption of domestic partners.’’ 83 Accordingly, she emphasized to the Committee the importance of bringing 

federal employees and their same-sex domestic partners under ‘‘the 

same duties, obligations and ethics requirements that married federal employees are mandated to follow such as anti-nepotism rules 

and financial disclosure requirements.’’ 84

C. CRITICISMS AND CONCERNS ABOUT S. 1102, AND RESPONSES TO

THOSE CRITICISMS AND CONCERNS

Criticisms and concerns about the DPBO legislation have been 

persuasively answered. 


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85Statement of Howard C. Weizmann, then-Deputy Director, OPM, entered into the record of 

the 2008 Hearing, note 37 above, at pages 31, 32. 86 Id.; oral testimony of then-Deputy Director of OPM Howard C. Weizmann, at the 2008 

Hearing, note 37 above, at page 18. 87Oral testimony of Yvette C. Burton, IBM, at the 2008 Hearing, note 37 above, at pages 26– 

27. 88Statement of William H. Hendrix, Dow Chemical Company, note 42 above, 2009 Hearing 

at page 88. 89Oral testimony of William H. Hendrix, Dow Chemical Company, at the 2009 Hearing, note 

38 above, at page 18. 90Oral testimony of OPM Director John Berry, at the 2009 Hearing, note 38 above, at page 

18. 91 18 U.S.C. § 287 (false, fictitious or fraudulent claims), § 1001 (false statements or entries). 

1. S. 1102 would not open up employee benefit programs to fraud 

Then-Deputy Director of OPM Howard C. Weizmann testified at 

the 2008 Hearing about his concern that a benefits system based 

on employees’ self-reporting of domestic partner relationships could 

invite fraudulent claims.85 As Weizmann explained it, spousal benefits that OPM now provides are based on the documentation of a 

state-sanctioned marriage, whereas providing benefits to those in 

domestic partnerships certified by affidavit under the DPBO legislation could lead to fraud and abuse.86 Other witnesses, including 

current OPM Director Berry in subsequent testimony, disagreed. 

After careful consideration, the Committee has concluded there is 

no reason to believe that S. 1102 would open up benefit programs 

to fraud. 

To further explore this issue, the Committee questioned other 

witnesses about their experience in implementing domestic partner 

benefit programs. At the 2008 Hearing, Dr. Burton of IBM spoke 

about her own company’s findings, and also those of other companies that are clients of IBM and whose employee benefits programs 

IBM supports. Based on this, Burton testified that fraud has not 

been a problem for domestic partner benefit programs using selfreported affidavits. In fact, according to Burton, ‘‘the risk studies 

since 1982 suggest that there is not fraud. There is greater fraud 

in marriage licenses being produced that are not valid than there 

are in affidavits.’’ 87

Dr. Hendrix of Dow Chemical told the Committee at the 2009 

Hearing about his company’s system under which employees selfreport the existence of a domestic partnership, a process similar to 

what would be required under S. 1102, and he testified that the 

company has had no issue with fraudulent claims for benefits.88

Hendrix explained that a search was undertaken in preparation for 

his testimony and that ‘‘we could not find a case [of fraud] in our 

search.’’ 89

A benefits system for federal employees based on self-reporting 

of domestic partnership relationships would actually have a lower 

risk of fraud than similar systems in the private sector. OPM Director Berry emphasized that the federal government is different 

from the private sector in that a federal employee who makes misrepresentations of this sort is subject to clear and specific criminal 

penalties for lying to the federal government.90 Under the criminal 

code, submitting a false claim or a false statement to any agency 

of the United States is punishable by a fine and imprisonment for 

not more than five years.91

S. 1102 itself includes strong anti-fraud provisions, requiring 

both the employee and the other individual who seek to qualify as 


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92Oral testimony of OPM Director John Berry, at the 2009 Hearing, note 38 above, at page 

18. 93Title I, Ethics in Government Act of 1978 (5 U.S.C. app. § 101 et seq.). 94 18 U.S.C. § 208. 95See 5 U.S.C § 8435; Thrift Savings Plan, Changes in Your Family Status: Marriage, Spouse’s 

Rights, https://www.tsp.gov/lifeevents/spouse/marriage.shtml#spouseRights. 96See 5 U.S.C. § 8339, 8341, 8416, 8419; see also OPM, Retirement Information and Services, 

‘‘Survivor Benefit Elections, Court-Ordered Benefits, and Children’s Benefits’’, http:// 

www.opm.gov/retire/faq/post/faq2.asp (spouse is generally entitled to a survivor annuity, with 

commensurate reduction in the employee’s annuity, unless the spouse consents to waive the 

right). 

domestic partners to execute an affidavit in which they both attest 

that they satisfy all of the conditions for eligibility. Moreover, the 

two individuals must state in the affidavit that they understand 

that willful falsification may lead to penalties including criminal 

penalties. 

Director Berry further observed that the OPM Inspector General 

regularly audits the civil service benefit programs to be sure fraud 

is not occurring and that the Inspector General would be assigned 

to identify any risk of fraud in the new domestic partner program. 

Director Berry testified, in conclusion, that he does not see the risk 

of fraud as a large threat or as a reason not to proceed with the 

legislation.92

Another factor that would discourage fraudulent claims under 

the legislation is that employees who establish domestic partnerships would not only gain eligibility for certain benefits; they would 

also assume the same obligations and potential liabilities that 

apply to married federal employees under current law. For example, employees with financial disclosure obligations under the Ethics in Government Act 93 would have to include information about 

their domestic partners, as married employees must include information about their spouses, and employees who establish domestic 

partnerships would subject themselves to criminal conflict-of-interest prohibitions against participating as a federal employee in any 

matter in which the domestic partner has a financial interest.94

More broadly, employees in domestic partnerships would not be 

able to withdraw money or take loans or distributions from their 

retirement savings accounts under the Thrift Savings Plan without 

their partner’s consent,95 and those in domestic partnerships at retirement would, unless the partner consented otherwise, receive reduced annuities in order to fund the partner’s survivor annuity.96

Ceding such rights to the domestic partner may be welcome to employees who are genuinely committed to caring for the partner, but 

these limitations would strongly discourage any employees in casual relationships who might be tempted to falsely claim domesticpartner status. 

The testimony and other information before the Committee thus 

support its conclusion that enactment of S. 1102 would not create 

any unique or new risk of fraud. 

2. The Committee considered the pros and cons of covering employees in opposite-sex as well as same-sex domestic partnerships 

under the legislation 

At both the 2008 and 2009 hearings, the Committee and witnesses discussed the pros and cons of providing benefits to employees in opposite-sex, as well as same-sex, partnerships. At the 2008 

Hearing, Dr. Burton of IBM said that many companies have exVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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97Oral testimony of Yvette C. Burton, IBM, at the 2008 Hearing, note 37 above, at page 20. 

See, generally, the Employee Benefit Research Institute, Facts From EBRI, note 3 above (‘‘According to a 2007 survey by Hewitt Associates, . . . [s]eventeen percent of [surveyed] firms offered domestic partner coverage to same-sex couples only; 1 percent of firms offered coverage 

to opposite-sex couples only; 32 percent of surveyed firms offered coverage for same or oppositesex couples.’’). 98 Id. 99Oral testimony of William H. Hendrix, Dow Chemical Company, at the 2009 Hearing, note 

38 above, at page 17. 100Statement of John Berry, note 53 above, 2009 Hearing at page 35. 101 Id. at page 36. 102Oral testimony of OPM Director John Berry, at the 2009 Hearing, note 38 above, at page 

17. 103 Id. The earliest introduced version of the DPBO bill, sponsored by Representative Barney 

Frank (D-Mass.) in 2003, would have covered opposite-sex as well as same-sex partnerships, and 

the Congressional Budget Office (CBO) estimated that the bill would have cost the federal government nearly six times as much as a bill that covered same-sex partnerships only. Congressional Budget Office, Cost Estimate, H.R. 2526, Domestic Partnership Benefits and Obligations 

Act of 2003 (August 4, 2003) (‘‘Approximately 83 percent of the costs would come from partners 

in opposite-sex partnerships and approximately 17 percent of the costs derive from partners in 

same-sex partnerships.’’), http://www.cbo.gov/ftpdocs/44xx/doc4484/hr2426.pdf. 104Oral testimony of OPM Director John Berry, at the 2009 Hearing, note 38 above, at 

page 17. 

tended domestic partner benefits only to same-sex partners.97 She 

explained that these companies’ intent is to offer equal treatment 

to their employees, and their domestic partner guides will often 

recognize that opposite-sex partners have the option of marrying.98

Testifying for Dow Chemical at the 2009 Hearing, Dr. Hendrix offered a somewhat different perspective: that there had been discussion on this subject within Dow as the company was moving forward with its domestic partner benefit program, and Dow decided 

that the goal of recruiting and retaining the best and the brightest 

would be best served by offering benefits to employees in same-sex 

and opposite-sex partnerships without distinction.99

Director Berry testified at the 2009 Hearing that neither employees and their same-sex domestic partners nor employees and their 

opposite-sex domestic partners can participate in several basic benefit programs but, that ‘‘[o]pposite-sex domestic partners . . . may 

gain eligibility through a valid marriage.’’ 100 Berry explained that 

legislation is needed ‘‘before the Government can offer its gay and 

lesbian employees some of the most important benefits,’’ and that 

enacting S. 1102 ‘‘would address the problem and provide for true 

equality in benefits for all Federal employees.’’ 101

Director Berry also recognized that covering only same-sex domestic partners raises ‘‘a fairness issue,’’ 102 and he was open to the 

possibility of exploring coverage of opposite-sex partnerships at 

some point in the future. But he emphasized that providing benefits to opposite-sex partners would have a very significant financial 

impact on the government.103 Berry explained that the cost of the 

bill as currently drawn is one that the administration ‘‘can manage 

and can offset,’’ whereas including opposite-sex partners would be 

a step that ‘‘we just cannot afford . . . at this time.’’ 104 Given the 

ability of opposite-sex domestic partners to qualify for benefits 

through marriage and the significant cost associated with covering 

them, OPM was not in a position to support this additional expansion of benefits. 

3. Enactment of S. 1102 would not contradict DOMA or demean the 

importance of marriage 

Certain advocacy organizations have argued that the legislation 

is at odds with DOMA and devalues marriage. For example, on OcVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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105 Concerned Women for America, Media, ‘‘Domestic Partnership Legislation Demeans 

Marriage and Undermines Federal Law’’ (October 14, 2009), http://www.cwfa.org/ 

content.asp?id=17857. 106 Id. 107Family Research Council, Washington Update, ‘‘Obama Uses Stump to Thump DOMA’’ 

(January 29, 2010), http://www.frc.org/get.cfm?i=WU10A22, also http://www.frc.org/ 

get.cfm?it=WU&row=151 (indicating the date of the publication). 108 Response from OPM Director John Berry, to question #5, Post-Hearing Questions Submitted from Senator Joseph I. Lieberman for the Record of the 2009 Hearing, note 38 above, 

at page 98. 109 Response from William H. Hendrix, Dow Chemical Company, to question #3, Post-Hearing 

Questions Submitted from Senator Joseph I. Lieberman for the Record of the 2009 Hearing, note 

38 above, at page 105. 110DOMA was enacted by Public Law 104–199 (Sept. 21, 1996). 

tober 14, 2009, the day of this Committee’s 2009 Hearing, the Concerned Women for America issued a statement referring to the 

hearing and then stating, ‘‘Federal law defines marriage as the 

union between a man and a woman,’’ and S. 1102 ‘‘would contradict 

the law by elevating relationships outside of marriage to that of a 

legal marriage.’’ 105 The statement further argued that ‘‘[m]arriage 

between one man and one woman provides unique benefits to individuals, children, and society that cannot be replicated by any 

other living arrangement’’ and that the DBPO legislation ‘‘demeans 

the importance of marriage.’’ 106 A few months later, on January 

29, 2010, an article on the website of the Family Research Council 

stated that the DPBO bill ‘‘disobeys DOMA and devalues marriage.’’ 107

Two witnesses at the 2009 Hearing provided their thoughts on 

these arguments. OPM Director Berry stated: 

We believe that S. 1102 does not contradict existing law by 

creating an equivalence between domestic partnerships and 

marriage, and it certainly does not demean the importance of 

marriage. Rather, the bill allows same-sex couples in committed relationships to register as domestic partners for purposes of Federal benefits and obligations—a status entirely distinct from the State-recognized status of marriage. This administration believes that same-sex couples in committed relationships should enjoy the same benefits and shoulder the same 

obligations as married opposite-sex couples, but it also believes 

that the institution of marriage is one that should be left to the 

States. Accordingly, this bill does nothing to change any State’s 

definition of marriage.108 And, responding to a question from 

the Committee asking whether S. 1102 would elevate same-sex 

relationships and thereby demean marriage, Dr. Hendrix answered, from his private-sector perspective, that ‘‘Dow’s decision to offer DP benefits is a business decision, based on attracting and retaining top talent without regard for personal 

characteristics, including sexual orientation and gender identity.’’ 109

The regulation of marriage—who may marry, how they may 

enter into that union, and under what circumstances and procedures they may dissolve it—is a matter of State law, and nothing 

in S. 1102 would have any impact on the right of the States to define the contours of marriage. Just as importantly, S. 1102 would 

have no effect on DOMA’s intended result, which is to limit the federal benefits and obligations flowing from state-sanctioned marriages to only those marriages that are between a man and a 

woman. Section 3 of DOMA (1 § U.S.C. 7) 110 directs that: 


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111See the second paragraph, above, of part II .B of this report. 112 Employee Benefit Research Institute, ‘‘Fundamentals of Employee Benefit Programs—6th 

Edition (2009), at page 401, http://www.ebri.org/pdf/publications/books/fundamentals/2009/ 

40_DomsPrtnr_OTHER-BENS_Funds-2009_EBRI.pdf. 

In determining the meaning of any Act of Congress, or of any 

ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘‘marriage’’ means only a legal union between one man and one 

woman as a husband and wife, and the word ‘‘spouse’’ refers 

only to a person of the opposite sex who is a husband or a wife. 

The provisions of S. 1102 do nothing to alter DOMA’s effect. The 

bill includes no definition of either ‘‘marriage’’ or ‘‘spouse’’, nor does 

it authorize a change in how either of these terms may be interpreted in any other statute or regulation. Moreover, as noted earlier in this report,111 nothing in S. 1102 would cause a same-sex 

marriage or a same-sex spouse recognized under law of any State, 

or a domestic partnership or a domestic partner recognized under 

S. 1102, to be deemed to be a ‘‘marriage’’ or a ‘‘spouse’’ within the 

meaning of any federal statute or regulation. 

S. 1102 also does nothing to demean marriage. Marriage is established by religious or civil ceremonies recognized under State law, 

with broad and profound significance for the marriage partners, 

their families, and their communities. As Director Berry stated, S. 

1102 would not change that situation in any way. Couples granted 

domestic partner benefits under this bill could in no way claim that 

the government is thereby considering them married. The bill instead leaves the governance of the institution of marriage to the 

States, and would define the distinct relationship of same-sex domestic partnership for limited purposes in the context of federal 

employment benefits and obligations only. Indeed, S. 1102 would 

neither enhance nor diminish the benefits, obligations, or other 

consequences that flow from either an opposite-sex or a same-sex 

couple entering into a marriage. 

4. The costs of S. 1102 are justified by the benefits 

Like many employers, the federal government covers part of the 

cost of its employees’ benefits, including health insurance, survivor 

annuities, workers’ compensation, and others. By enabling employees in same-sex partnerships to participate in benefit programs 

from which they are now excluded, S. 1102 would impose some 

costs upon the government. The Committee explored this issue in 

its hearings. 

Employers that offer domestic partner benefits have generally 

found that the costs turn out to be surprisingly affordable. The Employee Benefit Research Institute reported, based on a study by 

Hewitt Associates, that most employers that offer domestic partner 

benefits to opposite-sex as well as same-sex couples found that 

fewer than one percent of all employees who were offered the benefit actually enrolled, and the percentage of employees who enroll 

is, of course, even lower for employers that allow only same-sex 

couples to enroll.112 Also, employers have found that the financial 

risk of adding a domestic partner is no more than the risk of adding a spouse. In sum, ‘‘[e]xperience has shown that the costs of doVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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113 Id. 114 Center for American Progress, ‘‘One Simple Step for Equality: States prove that the federal 

government can offer domestic partner benefits with ease,’’ note 7 above, at pages 1–2. 115 Response from Yvette C. Burton, IBM, to question #3, Post-Hearing Questions Submitted 

from Senator Joseph I. Lieberman for the Record of the 2008 Hearing, note 37 above, at pages 

199–229. 116Statement of William H. Hendrix, Dow Chemical Company, note 42 above, 2009 Hearing 

at page 88 (emphasis in original). 117Oral testimony of Yvette C. Burton, IBM, at 2008 Hearing, note 37 above, at page 16. 118 Id. at page 25. 119Statement of Kathleen Marvel, the Chubb Corporation, note 64 above, 2008 Hearing at 

pages 150–151. 120 Response of OPM Director John Berry to question #2, Post-Hearing Questions Submitted 

from Senator Joseph I. Lieberman to the record of the 2009 Hearing, note 38 above, at page 

96. 

mestic partner coverage are lower than anticipated.’’ 113 A survey 

of State governments that offer domestic partner benefits to their 

employees has likewise found that enrollment has been low and 

that the added costs have been minimal.114 Dr. Burton of IBM supplied to the Committee additional studies involving employers in 

various sectors, showing similar findings.115

Witnesses at the Committee’s 2008 and 2009 Hearings also testified about their own companies’ experiences, concluding that domestic partner benefits impose minimal costs and provide the company with significantly greater benefits. Dr. Hendrix observed that 

Dow had been offering domestic partner benefits for seven years, 

and, based on that length of experience, he concluded, ‘‘I can tell 

you that this program DOES NOT add significantly to the bottom 

line.’’ 116 Dr. Burton, offering a cost-benefit perspective, reported 

that IBM had found that the value to the company of offering domestic partner benefits significantly outweighs the costs to the 

company,117 and, referring to the advantages in recruitment and in 

maintaining an open and productive workplace, she reported that 

studies spanning both the private and public sectors show ‘‘the benefits severely outweigh the costs.’’ 118 The Chubb Corporation likewise told the Committee that offering domestic partner benefits 

‘‘has not been a financial burden to Chubb. On the contrary, we believe that our approach actually strengthens our financial 

underpinnings, by enabling us to attract and retain a wide variety 

of talented employees at every level of the organization.’’ 119

Even in the current challenging economic environment, additional companies are choosing to offer domestic partner benefits, 

showing that these companies still view that adopting such programs is worth the cost. OPM Director Berry referred to the chart 

(see figure 1, above) showing that the numbers of large companies 

offering such benefits continues to rise: 

The information presented in the chart provides evidence 

that employers in the private sector continue to see adding domestic partnership benefits as a good business decision, even 

in these economic times. The chart indicates that the number 

of employers in the Fortune 500 and the Fortune 1000 that 

provide domestic partnership benefits increased in 2009. 

Where many employers are cutting costs and benefits, the 

number of Fortune-ranked companies offering domestic partner 

benefits has risen.120

To help ensure that the costs under S. 1102 are minimal and affordable, the bill contains two important limitations on coverage. 

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121 Notes 103–104 above and accompanying text. 122 Based on an estimate of the cost of the legislation submitted to the Committee by OPM 

Director Berry, excluding current retirees appears likely to save about 30 percent of what the 

bill would cost if current retirees were covered. Response of OPM Director John Berry to question #3, Post-Hearing Questions Submitted from Senator Tom Coburn for the record of the 2009 

Hearing, note 38 above, at page, at page 102. 123 Response from then-OPM Director Howard C. Weizmann to question #2, Post-Hearing 

Questions Submitted from Senator Joseph I. Lieberman for the record of the 2008 Hearing, note 

37 above, at pages 189–191; Response from OPM Director John Berry to question #3, Post-Hearing Questions Submitted from Senator Tom Coburn for the record of the 2009 Hearing, note 

38 above, at page 102. 124 CBO, Cost Estimate, S. 1102, Domestic Partnership Benefits and Obligations Act of 2009, 

as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs 

on December 16, 2009 (May 11, 2010), http://www.cbo.gov/ftpdocs/114xx/doc11494/s1102.pdf. The 

Committee also received into the record at the 2008 Hearing an estimate of the bill’s cost prepared by an academic research institution. Williams Institute, UCLA School of Law, ‘‘The Fiscal 

Impact of Extending Federal Benefits to Same-Sex Domestic Partners,’’ by Naomi G. Goldberg, 

Christopher Ramos, M.V. Lee Badgett (September 2008) (entered into the record of the 2008 

Hearing, note 37 above, at page 157), http://www.law.ucla.edu/williamsinstitute/publications/ 

S2521FiscalAnalysis_WilliamsInst.pdf. 125Total amounts paid for personnel compensation and benefits are described in the President’s budget submission for FY 2011. OMB, Analytical Perspectives, Budget of the U.S. Government, Fiscal Year 2011, Table 10–3 Personnel Compensation and Benefits, at page 109, http:// 

www.gpoaccess.gov/usbudget/fy11/pdf/spec.pdf. The table shows compensation and benefits for 

current personnel in 2010 and 2011 of approximately $300 billion, plus about $80 billion for retiree benefits. CBO’s estimated costs of S. 1102 average about $70 million per year through 

2020. This cost estimate by CBO is reproduced below in part V of this report. 

sex, not opposite-sex, partnerships, as discussed above.121 Second, 

the bill covers federal employees and their partners only if the employees are employed by the federal government on or after the effective date of the bill (and will continue to cover the employees 

and their partners after the employees retire), but the bill does not 

cover former employees who have already retired when the bill 

goes into effect.122

To aid in consideration of the costs of the legislation, members 

of the Committee asked OPM to submit its estimate of the cost of 

the DPBO Act for the record of both the 2008 Hearing and the 

2009 Hearing.123 In addition, the cost estimate for the bill prepared 

by the Congressional Budget Office (CBO) is reproduced, below, in 

part V of this report.124

CBO based its estimate on changes in the cost of four benefit 

programs—health insurance (FEHB), survivor annuities (Federal 

Employees’ Retirement System and Civil Service Retirement System), compensation for work-related injuries (FECA), and travel 

and relocation benefits—that would affect the federal budget. Some 

other benefit programs, such as life insurance (FEGLI) and vision 

and dental benefits, are fully paid for by the participants and 

therefore have no budgetary effect. 

CBO’s estimated cost of the bill over the next ten years, considered as a share of the federal government’s total budget for employee and salary and benefits, would amount to only about two 

hundredths of one percent (0.0002).125 In absolute terms, and broken down by program, domestic partner health-insurance benefits 

offered through the FEHB program would account for the largest 

increase in costs—a total of $649 million over 10 years. Taking all 

of the relevant benefit programs into consideration, enactment of 

the bill would cause spending for annuitants and for postal employees (i.e., costs that cannot be controlled under the annual budget 

process) to rise by $310 million over the 10-year period through 

2020, and implementation of the bill for federal employees while 


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126Text accompanying notes 112–119 above. 127Oral testimony of John Berry at the 2009 Hearing, note 38 above, at page 21. 128Statement of then-OPM Deputy Director Howard C. Weizmann, note 85 above, 2008 Hearing at pages 32–33. 129Statement of OPM Director John Berry, note 53 above, 2009 Hearing at pages 37–38. 130 Id. at page 37. 131For example, OPM recently issued regulations allowing the same-sex domestic partners of 

employees and annuitants to enroll under the Federal Long Term Care Insurance Program 

(FLTCIP), and OPM has instructed that, for employees and their partners, documentation showing that they meet the definition of ‘‘domestic partner’’ must be filed with the employee’s agency, 

whereas for annuitants and their domestic partners, the documentation must be filed with the 

retirement system. See U.S. OPM, Benefits Administration Letter, ‘‘Federal Long Term Care Insurance Program (FLTCIP): Qualified Relatives now include Same-Sex Domestic Partners’’ 

(Number: 10–901, July 1, 2010), http://www.opm.gov/retire/pubs/bals/2010/10-901.pdf. 132Section 2(a) of S. 1102, 111th Cong., as introduced on May 20, 2009. 133Section 2(c)(2) of S. 1102, 111th Cong., as introduced on May 20, 2009. 

they are still employed by the government would cost about $394 

million over the same 10-year period. 

These cost estimates for S. 1102—totaling a small fraction of the 

government’s total personnel costs—are fully consistent with the 

experience of non-federal employers, who find, as discussed 

above,126 that offering domestic partner benefits is very affordable 

and that offering such benefits is worth the price because of expected improvements in recruitment, retention, morale, and productivity. 

Finally, in his testimony at the 2009 Hearing, OPM Director 

Berry promised to help further justify the costs of S. 1102 by 

‘‘find[ing] efficiencies and improvements that . . . fully cover the 

cost of this program.’’ 127 These offsets will make the cost of the bill 

all the more affordable. 

D. SUBSTITUTE AMENDMENT TO S. 1102 IMPLEMENTING TECHNICAL

RECOMMENDATIONS FROM OPM

Certain technical concerns about the drafting of the DPBO Act 

were raised by then-OPM Deputy Director Weizmann at the 2008 

Hearing 128 and by OPM Director Berry at the 2009 Hearing.129 As 

introduced, the legislation required that federal employees file affidavits pertaining to eligibility for domestic partner benefits with 

OPM. However, both Weizmann and Berry commented that it is 

not practicable for OPM to serve as a central repository for these 

documents. As Berry explained, ‘‘Each Federal agency carries out 

human resources management functions, including benefits enrollment and payroll deductions, for its own employees.’’ 130 Then after 

an employee retires, documentation involving benefits is generally 

submitted to the employee’s retirement system, which in many 

cases is administered by OPM.131

Also, as introduced, the bill provided benefits and imposed obligations in very general terms: 

(a) IN GENERAL.—An employee who has a domestic partner 

and the domestic partner of the employee shall be entitled to 

benefits available to, and shall be subject to obligations imposed upon, a married employee and the spouse of the employee.132

Likewise, with respect to survivor benefits, the bill, as introduced, stated— 

(2) DEATH OF AN EMPLOYEE.—In the case in which an employee dies, the domestic partner of the employee at the time 

of death shall receive under this Act such benefits as would be 

received by the widow or widower of an employee.133


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134Statement of then-OPM Deputy Director Howard C. Weizmann, note 85 above, 2008 Hearing at page 32. 135Statement of OPM Director John Berry, note 53 above, 2009 Hearing at page 38. 

Both Director Berry and then-Deputy Director Weizmann testified that this way of drafting the legislation was not sufficiently 

precise. As Weizmann said, referring to the provision on death of 

an employee as an example, ‘‘[t]his provision lacks the specificity 

needed to determine eligibility and amount of benefits for a separated domestic partner.’’ 134 Berry expressed a similar concern and 

proposed that the legislation be recast to make specific amendments to applicable statutory provisions, explaining, ‘‘This would 

provide continuity and would resolve ambiguities . . . . It would 

also preserve the accuracy of title 5 [of the United States Code, 

where most civil service statutes are codified] for those who administer its provisions in the future.’’ 135

Responding to these concerns, Senator Lieberman and Senator 

Collins, in consultation with OPM, drafted an amendment in the 

nature of a substitute to S. 1102, and the amendment was agreed 

to when the bill was considered by the Committee on December 16, 

2009. (The Committee also agreed to an amendment offered by 

Senator Burris to require that GAO prepare a report on how the 

legislation affects recruitment and retention in the government.) 

Part IV, below, of this report offers an extensive section-by-section analysis of the bill, as amended; summarized here are some 

of S. 1102’s most salient parts: 

Establishment and dissolution of domestic partnerships 

The bill defines a ‘‘domestic partnership’’ as a relationship between two individuals of the same sex, at least one of whom is a 

federal employee, former employee, or annuitant, that has been established and not dissolved under the new statutory program. To 

establish a domestic partnership, a federal employee, former employee, or annuitant and another individual must file an application and affidavit in which they certify that they are in a committed domestic-partnership relationship and intend to remain so 

indefinitely. They also must certify that they have a common residence and share responsibility for each other’s welfare and financial obligations and that neither is married to or in a domestic 

partnership with anyone except each other. Willful falsification of 

the affidavit may lead to criminal or other penalties. 

Termination of a domestic partnership occurs upon the death of 

either domestic partner or when one or both partners file a notification stating that a required condition for the continued existence 

of the partnership ceases to exist. 

A member of the Armed Forces is not eligible to be a member 

of a domestic partnership. 

Only an individual who is employed as a federal employee on or 

after the bill’s effective date, and such an individual who subsequently retires or otherwise leaves federal employment, may establish a domestic partnership. 

Benefits and obligations extended to federal employees in domestic 

partnerships and their domestic partners 

S. 1102 establishes benefits for federal employees and their 

same-sex domestic partners parallel to the benefits under existing 


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136Title I, Ethics in Government Act of 1978 (5 U.S.C. app. § 101 et seq.). 137 18 U.S.C. § 208. 138See 5 U.S.C. 8339, 8341, 8416, 8419; see also OPM; Retirement Information and Services; 

Survivor Benefit Elections, Court-Ordered Benefits, and Children’s Benefits, http:// 

www.opm.gov/retire/faq/post/faq2.asp (spouse is generally entitled to a survivor annuity, with 

commensurate reduction in the employee’s annuity, unless the spouse consents to waive the 

right). 139See 8 U.S.C § 8435; Thrift Savings Plan, Changes in Your Family Status: Marriage, 

Spouse’s Rights, https://www.tsp.gov/lifeevents/spouse/marriage.shtml#spouseRights. 

law for married federal employees and their spouses. For example, 

employees could protect their partners and partners’ children 

under FEHB health insurance coverage and with CSRS and FERS 

survivor annuity rights to the same extent as spouses and spouses’ 

children. S. 1102 also imposes obligations and delimits benefits for 

employees in domestic partnerships parallel to the obligations and 

delimitation of benefits imposed on married employees under 

present law. So, for example, if employees must disclose financial 

information under the Ethics in Government Act,136 they would be 

required to include information about their domestic partners, as 

married employees must do, and employees who establish a domestic partnership would subject themselves to criminal conflict-of-interest prohibitions against participating as a federal employee in 

any matter in which their domestic partner has a financial interest.137 Moreover, employees in domestic partnerships will receive 

reduced annuities in order to fund their partners’ survivor annuities to the same extent as married employees do,138 and domestic 

partners will gain certain rights to consent or to notice before employees may take loans or withdrawals from their Thrift Savings 

Plan accounts.139

The section-by-section analysis in part IV, below, of this report 

provides a detailed accounting of all of the benefits offered and obligations imposed by the bill, but listed here are the key programs 

that the bill would extend to federal employees and their same-sex 

domestic partners: 

• Civil Service Retirement System (CSRS) 

• Federal Employees’ Retirement System (FERS) 

• Federal Employees’ Group Life Insurance Program (FEGLI) 

• Federal Employees Health Benefits Program (FEHBP) 

• Federal Employees Dental and Vision Insurance Program 

(FEDVIP) 

• Federal Long Term Care Insurance Program (FLTCIP) 

• Travel, transportation, and subsistence payments 

• Federal Employees’ Compensation Act (FECA) 

• Employee leave 

• Death or captivity compensation 

• Ethics in Government Act of 1978 

• Conflicts of interest laws 

• Restrictions on employment of relatives 

• Receipt and disposition of foreign gifts and decorations 

• Regulation of conduct regarding gifts 

III. LEGISLATIVE HISTORY

S. 1102 was introduced by Senator Lieberman and Senator Collins on May 20, 2009, and was referred to the Committee on Homeland Security and Governmental Affairs. Joining as additional coVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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140Senator Roland Burris’s term ended on November 29, 2010. 141Senator Edward M. Kennedy died on August 25, 2009. 142S. 2521, 110th Cong. (Dec. 19, 2007); S. 3955, 109th Cong. (Sept. 27, 2006); S. 1252, 108th 

Cong. (June 12, 2003); S. 2874, 107th Cong. (Aug. 1, 2002). The DPBO bills in the House have 

been H.R. 2517, 111th Cong. (May 20, 2009); H.R. 4838, 110th Cong. (Dec. 19, 2007); H.R. 3267, 

109th Cong. (July 13, 2005); H.R. 2426, 108th Cong. (July 11, 2003); H.R. 638, 107th Cong. (Feb. 

14, 2001). 

sponsors are Senators Akaka, Boxer, Brown (OH), Burris,140

Cantwell, Cardin, Casey, Dodd, Durbin, Feingold, Feinstein, 

Franken, Gillibrand, Kennedy,141 Kerry, Kirk, Klobuchar, 

Landrieu, Lautenberg, Leahy, Levin, Menendez, Merkley, Mikulski, 

Murray, Sanders, Schumer, Specter, Whitehouse, and Wyden. Senator Lieberman introduced similar legislation in the 110th and 

109th Congresses, and earlier Senate bills were introduced in the 

108th and 107th Congresses.142

The Committee has held two hearings on S. 1102 and on an identical predecessor bill. The first hearing was on September 24, 2008, 

during the 110th Congress. Testimony was received from: The Honorable Howard C. Weizmann, Deputy Director, U.S. Office of Personnel Management; Yvette C. Burton, Ph.D., Global Business 

Development Executive for Gay, Lesbian, Bisexual, Transgender 

(GLBT) and Human Capital Market Segments, IBM Corporation; 

Colleen M. Kelley, National President, National Treasury Employees Union; Sherri Bracey, Program Manager, Women’s and Fair 

Practices Departments, American Federation of Government Employees, AFL-CIO; and Frank Hartigan, Deputy Regional Director, 

San Francisco Office, Federal Deposit Insurance Corporation. 

The Committee held a second hearing on October 15, 2009, during the first session of this 111th Congress. Testimony was received 

from: The Honorable Tammy Baldwin, Representative from the 2nd 

Congressional District of the State of Wisconsin, U.S. House of 

Representatives; The Honorable John Berry, Director, U.S. Office of 

Personnel Management; and William H. Hendrix, III, Ph.D., Global 

Leader, Gays, Lesbians and Allies at Dow, the Dow Chemical Company. 

The Committee considered S. 1102 on December 16, 2009. Chairman Lieberman and Ranking Minority Member Collins offered an 

amendment in the nature of a substitute. (The changes made by 

the substitute amendment are described in part II.D, below, of this 

report.) Senator Burris offered an amendment to require the Comptroller General to submit a report on the effect of this legislation 

on the federal government’s recruitment and retention efforts. The 

Committee adopted the substitute and the Burris amendment, both 

by voice vote. Present for both votes were Senators Lieberman, 

Akaka, Carper, McCaskill, Tester, Burris, Kirk, Collins, and Bennett. 

By a vote of 8 to 1 of Members present, the Committee then ordered that the bill, as amended by the Lieberman-Collins substitute and the Burris amendment, be reported favorably to the full 

Senate. Senators Lieberman, Akaka, Carper, McCaskill, Tester, 

Burris, Kirk, and Collins voted in favor of the bill, and Senator 

Bennett voted against it. In addition, Senators Levin and Landrieu 

cast proxy votes in favor of the bill, and Senators Pryor, Coburn, 

McCain, Voinovich, and Graham voted against the bill by proxy. 

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count proxies, which are for the record only, the total vote in favor 

of reporting the bill favorably was 10 to 6. 

IV. SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title and table of contents 

This section states that the legislation may be cited as the ‘‘Domestic Partnership Benefits and Obligations Act of 2009’’ and provides a table of contents of the bill. 

This section also provides that, when the bill amends a provision 

of statute without saying which title of the United States Code or 

which other act the provision is in, the provision is assumed to be 

in title 5 of the United States Code. 

Sec. 2. Purpose 

This section says that the purpose of the legislation is to offer 

employment benefits to and impose corresponding obligations upon 

federal employees in same-sex domestic partnerships and their domestic partners that are the same as the employment benefits and 

obligations under existing statutes for married federal employees 

and their spouses. 

TITLE I—ESTABLISHMENT AND DISSOLUTION OF 

DOMESTIC PARTNERSHIPS; OTHER GENERAL PROVISIONS 

Sec. 101. Federal employees in domestic partnerships 

This section adds a new chapter 25 (2501–2502) to title 5 of the 

United States Code. The new chapter will govern the establishment 

and dissolution of federal employee domestic partnerships. 

New 5 U.S.C. § 2501—Definitions—as added by section 101 of 

the bill 

Within new 5 U.S.C. §§ 2501–2502, which would be added by section 101 of the bill, § 2501 establishes necessary definitions for 

§§ 2501–2502: 

An ‘‘annuitant’’ includes any individual who, on the basis of that 

individual’s service, is entitled to an annuity under the Civil Service Retirement System (CSRS), the Federal Employee Retirement 

System (FERS), or any other retirement system for employees of 

the federal government. CSRS and FERS are the retirement systems that cover the great majority of federal employees. 

The ‘‘Director’’ is the Director of the Office of Personnel Management (OPM). 

A ‘‘domestic partner’’ is either of the individuals in a domestic 

partnership as defined in this section. 

A ‘‘domestic partnership’’ is a relationship between two individuals of the same sex, at least one of whom is an employee (as defined in this section), that has been established under the provisions of new 5 U.S.C. § 2502(a) and has not been terminated under 

the provisions of new 5 U.S.C. § 2502(b). 

The definition of an ‘‘employee’’ includes, among other things, 

employees as defined in 5 U.S.C. § 2105. That definition generally 

encompasses all individuals appointed to civilian positions in the 

executive, judicial, and legislative branches of the United States 

Government. It excludes those in the Armed Forces, in the commisVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00030 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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143This provision allows annuitants and other former federal employees to enter into domestic 

partnerships because they are, under various circumstances, entitled to benefits, and other sections of this bill will enable them to obtain those benefits for their domestic partners and partners’ children, as married annuitants and other former employees can obtain those benefits for 

their spouses and stepchildren. For example, retirees with health benefits may wish to establish 

domestic partnerships in order to add their domestic partners and partners’ dependent children 

to their policies. Former employees who have Thrift Savings Plan retirement accounts may also 

want to enter into domestic partnerships so that their surviving domestic partners can maintain 

the accounts after the employees die. Note that this section of the bill only defines those who 

are eligible to establish domestic partnerships; it does not address which, if any, benefits the 

individuals forming a partnership may seek. Also, under section 105(b) of the bill, discussed 

below, only an annuitant or other former employee who has served as an employee on or after 

the effective date of the legislation will be eligible to form a domestic partnership. 

sioned corps of the Public Health Service, or in the commissioned 

corps of the National Oceanic and Atmospheric Administration. 

The term ‘‘employee’’ is further defined to include individuals referred to in 5 U.S.C. §§ 2105(c) and (d), which covers employees of 

the military exchanges and of the United States Postal Service and 

Postal Regulatory Commission. The definition under this paragraph also includes Members of Congress, the President, and any 

other individuals employed by the United States Government and 

included within the definition under regulations prescribed by the 

President or a designee. 

New 5 U.S.C. § 2502—Establishment and dissolution of domestic partnerships—as added by section 608 of the bill 

New § 2502 states the rules for establishing and dissolving the 

domestic partnerships that trigger eligibility for the benefits conferred and obligations imposed under the bill. 

New § 2502(a)—Establishment of Domestic Partnership. This section provides that, to establish a domestic partnership, an employee, former employee, or annuitant and another individual (who 

may also be an employee, former employee, or annuitant) will sign 

an application and affidavit; and then the employee, former employee, or annuitant will file them in the manner prescribed by 

OPM.143

New § 2502(a) requires each of the individuals establishing the 

domestic partnership to attest in the affidavit to the following: 

1. Both individuals are of the same sex. 

2. The individual filing the documents is an employee, former 

employee or annuitant. 

3. They are in a committed domestic-partnership relationship 

with each other and intend to remain so indefinitely and that— • they maintain a common residence (unless prevented from 

doing so by an assignment abroad or other such reason); • they share responsibility for each other’s welfare and financial obligations; and • neither is married to, or in a domestic partnership with, 

anyone else. 

4. Each is at least 18 years old and mentally competent to consent to a contract. 

5. They are not related to each other by blood in a way that 

would prohibit legal marriage between individuals otherwise eligible to marry. 

6. Each domestic partner understands— 

• the domestic partners take on obligations as well as benefits, and violation of those obligations may lead to disciplinary 

action and criminal penalties; 


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• one or both must file a notification dissolving the domestic 

partnership within 30 days after a condition attested to in the 

affidavit ceases to be satisfied or after one domestic partner 

dies; and • willful falsification of the affidavit, or willful failure to file 

notification dissolving the domestic partnership when necessary, may lead to recovery of amounts wrongfully obtained, 

disciplinary action, and criminal penalties. 

New § 2502(b)—Termination of Domestic Partnership. Under this 

subsection, a domestic partnership terminates when one domestic 

partner dies or when either or both domestic partners file a notification stating that a required condition for the continued existence 

of the domestic partnership ceases to exist. The Director may also, 

by regulation, establish additional conditions upon which a domestic partnership is terminated. 

If the domestic partners cease having a common residence or 

cease sharing responsibility for each other’s welfare and financial 

obligation, or if either partner enters into a domestic partnership 

or a marriage with anyone else, one or both of the domestic partners must file a notification terminating the domestic partnership 

within 30 days. If a domestic partner dies, the other domestic partner must file such a notification within 30 days. The subsection 

also requires the Director to establish, by regulation, criteria by 

which partners can determine whether they have ceased having a 

common residence or have ceased sharing responsibility for each 

other’s welfare and financial obligation for the purposes of this requirement. 

New § 2502(c)—Effectiveness of Application. This subsection clarifies that an application to form a domestic partnership is not effective unless the filer is an employee, former employee, or annuitant 

at the time of filing. Also, no individual is treated as being a domestic partner unless an application filed in accordance with regulations of the Director is in effect, and an application remains in 

effect until either individual dies or the domestic partnership is 

otherwise terminated under those regulations. 

New § 2502(d)—Additional Notifications to Employing Agencies. 

Under this subsection, regulations by the Director may require a 

domestic partner who is employed by an entity of the United States 

to provide additional notifications to the employing entity. For example, if two federal employees wish to establish a domestic partnership, one employee will file the required application and affidavit with that employee’s agency and the other employee might be 

required to file additional notifications with that other employee’s 

agency. 

New § 2502(e)—Members of the Armed Forces Not Eligible. Under 

this subsection, a member of the Armed Forces or of the Reserve 

Officers’ Training Corps is not eligible to be a member of a domestic partnership established under this legislation. 

New § 2502(f)—Applicability. This subsection clarifies that the 

process for establishing and terminating domestic partnerships 

under 5 U.S.C. § 2502 does not apply for purposes of 5 U.S.C. chapter 81 (the Federal Employees Compensation Act, or FECA). As described below, domestic partnerships will be established and terminated for purposes of FECA under separate authorities added by 

title VI of the bill. 


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New § 2502(g)—Regulations. Under this subsection, the Director 

will issue regulations to carry out new 5 U.S.C. § 2502. 

Sec. 102. Guidance documentation 

Under this section, the Director of OPM will compile and publish 

guidance on the benefits and obligations established by the legislation to help inform federal employees and their domestic partners 

about their new rights and duties. 

Subsection (a)—In General. Under this subsection, the agencies 

that have the authority to issue guidance with respect to benefits 

and obligations established under the bill will, under the coordination of the Director, issue such guidance. 

Subsection (b)—Office of Personnel Management. This subsection 

requires the Director to compile the guidance prepared by all agencies, prepare guidance with respect to benefits and obligations 

available to domestic partners of certain Secret Service and Park 

Police officers who are covered under the DC Police Officers’ and 

Firefighters’ Retirement Plan, and ensure that all of the guidance 

is readily available, both in print and on-line. 

Subsection (c)—Timeliness. Under this subsection, the guidance 

must be prepared and made readily available not later than 30 

days before the effective date of the bulk of the legislation’s provisions, to the extent practicable, and updated as necessary. (As 

noted below, section 105(a) of the bill states that the legislation 

will generally go into effect 180 days after enactment.) 

Sec. 103. Review of programs under which employment benefits and 

obligations are established 

This section will require the President (or designees), at least 

once every two years, to review employment benefits and obligations for federal employees across the executive branch, report to 

Congress on the extent to which these benefits and obligations are, 

or can be, extended to employees in domestic partnerships and 

their domestic partners, and recommend any necessary legislation. 

Although the amendments in this bill will authorize domestic partner benefits under the major statutory benefits programs for federal employees, additional kinds of family benefits are provided for 

classes of federal employees that the bill does not modify. For example, some individual agencies have used their discretionary authority to establish family benefit programs for certain employees 

of the agency. 

The principal goal of this section is therefore to establish a mechanism by which domestic partner benefits will be granted under 

programs that are not covered under the specific amendments 

made by the bill. The President must compile an inventory of such 

programs, and then, if existing legal authority is sufficient, the 

President must make any modifications necessary to cover employees in domestic partnerships and their partners. The inventory 

under this section must also include the family benefit programs 

that are covered under the amendments made by this bill, so that 

the President can identify and fill any gaps in the domestic partner 

benefits made available under those programs. If existing statutes 

do not provide sufficient authority to fill any gaps in domestic partner benefits under programs on the inventory, this section of the 

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ommendations to correct the insufficiencies. Finally, the President 

must submit reports to Congress summarizing the actions taken 

and the legislative recommendations developed under this section. 

Subsection (a)—Definitions. The definitions under this subsection 

establish the scope of the review of federal programs mandated by 

section 103. The term ‘‘employee’’ is defined broadly, so that it includes not only an employee who can form a domestic partnership 

under 5 U.S.C. § 2502 (which would be added by section 101 of the 

bill, as discussed above), but also members of the commissioned 

corps of the Public Health Service (PHS) or of the National Oceanographic and Atmospheric Administration (NOAA) and any other individual performing personal services to the United States, including employees of any federal entity and volunteers. (Federal volunteers are included because they may be eligible for certain benefits, 

such as workers’ compensation under FECA. However, employees 

of contractors and members of the Armed Forces or the Reserve Officer Training Corps are not included in the definition.) 

The terms ‘‘domestic partner’’ and ‘‘domestic partnership’’ are defined for purposes of section 103 to include same-sex individuals in 

a domestic partnership relationship if at least one of the individuals meets the broad definition of ‘‘employee’’ under in this section, 

regardless of whether either individual is an ‘‘employee’’ within the 

narrower definition in 5 U.S.C. § 2501. In other words, the term encompasses individuals who might not be entitled to form a domestic 

partnership under the bill’s initial provisions. 

Subsection (b)—Reviews, Additional Measures, Recommendations, 

Reports to Congress. This subsection will require the President (or 

designees of the President) to review the employment benefits and 

obligations applicable to married employees and their spouses, to 

determine what authority exists to apply such benefits and obligations to employees of executive agencies who are in domestic 

partnerships and to their domestic partners. The President (or designees) will then take any additional measures, consistent with 

law, to cover those employees and domestic partners. The President 

(or designee) will then develop recommendations for any legislation 

to further extend employment benefits and obligations to employees and their domestic partners and will submit a report to Congress summarizing the review, determinations, and recommendations. 

Sec. 104. Study on recruitment and retention 

Section 104 of the bill requires the Comptroller General to submit to this Committee and to the House Committee on Oversight 

and Government Reform a report regarding the effect that providing benefits for domestic partners under this Act has on federal 

recruitment and retention efforts. 

Sec. 105. Effective date 

Subsection (a)—In General. Under this subsection, the legislation 

and amendments will generally take effect 180 days after the date 

of enactment. This general effective date will apply except as otherwise provided with respect to particular parts of the bill. 

Exceptions to the general effective date under subsection (a) are 

included in sections 102 and 103 of the bill, making those sections 

go into effect on the day the bill is enacted. The early effective date 


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is needed because those sections require that tasks be undertaken 

before the general effective date. (As discussed above, section 102 

will require the OPM Director to compile and publish guidance on 

the benefits and obligations established by the legislation, and section 103 will require the President, or designees, to review benefits 

and obligations for federal employees across the executive branch 

and to report to Congress.) 

Also, several sections of the bill that modify particular benefit 

programs include exceptions that establish effective dates appropriate for the particular program. For example, sections 401 

through 405 of the bill, which modify insurance benefit programs 

like group health insurance, group life insurance, and long-term 

care insurance, will apply with respect to the calendar year that 

begins after the end of the 6-month period starting on the date of 

enactment of the legislation. This starting date will give enough 

time after the bill is enacted for OPM to require the various insurance carriers to modify the insurance plans that they offer to federal employees. 

Subsection (b)—Application to Current and Future Employees. 

This subsection states that any employee who is employed by the 

federal government on or after the general effective date of the legislation (which is established under subsection (a)) will be eligible 

to form a domestic partnership. Also, an employee who is employed 

by the government on or after the general effective date of the bill 

and subsequently leaves federal service will remain eligible to form 

a domestic partnership. 

However, an annuitant or other former employee who has left 

federal service before the general effective date of the bill will not 

be eligible to form a domestic partnership. (Of course, nothing 

would prevent an individual who works for the federal government 

on or after the effective date from establishing a domestic partner 

with another individual who left federal service before that date.) 

TITLE II—CIVIL SERVICE RETIREMENT SYSTEM 

Title II of the bill establishes domestic partnership benefits 

under the Civil Service Retirement System (CSRS), which is the 

defined-benefit retirement program that covers most federal employees who began service before 1987. The CSRS not only provides 

retirement security for covered employees, but also enables them to 

provide retirement security for their spouses and children, including stepchildren. The CSRS is authorized by 5 U.S.C. chapter 83, 

subchapter III (§§ 8331–8351). Title II of the bill amends those provisions to enable federal employees covered by CSRS who are in domestic partnerships to likewise provide retirement security for 

their domestic partners and children, including children of their domestic partners. 

Sec. 201. Definitions 

Section 201 of the bill amends 5 U.S.C. § 8331 (the definitions 

section for provisions authorizing the CSRS) by adding a definition 

of ‘‘former domestic partner.’’ The term is defined to parallel the 

definition of ‘‘former spouse’’ now in § 8331 (i.e., at least 18 months 

of covered service by the employee, and at least 9 months of marriage or domestic partnership). These definitions are significant because amendments made by other provisions of the bill make a 


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former domestic partner eligible for a CSRS survivor annuity under 

the same conditions as those that apply to former spouses. Section 

201 of the bill also adds definitions of ‘‘domestic partner’’ and ‘‘domestic partnership’’ by cross referencing the definitions in 5 U.S.C. 

§ 2501, which is added by section 101 of the bill. (Section 201 also 

adds a definition of ‘‘Federal employee’’ to make clear that only federal employees covered by CSRS, and not the small portion of 

CSRS participants who are not federal employees, are entitled to 

the benefits conferred by this bill.) 

Sec. 202. Creditable service 

Under current law (5 U.S.C. § 8332), CSRS benefits for an employee’s spouse or former spouse depend upon the amount of the 

employee’s service that is creditable for purposes of the CSRS. Section 202 of the bill amends § 8332 by requiring OPM’s rules to similarly determine the amount of CSRS benefits paid under those circumstances to an employee’s domestic partner or former domestic 

partner. 

Sec. 203. Computation of annuity 

5 U.S.C. § 8339 establishes rules for computing the amount of an 

annuity, including the amount of and entitlement to a survivor annuity under certain circumstances. Among other things, § 8339 reduces the annuity of employees to fund a survivor annuity for current, former, or subsequent spouses and establishes various elections that can be exercised by employees and their current, former, 

and subsequent spouses under various circumstances. 

Section 203 of the bill amends § 8339 to provide that employees 

who are or were in domestic partnerships and their domestic partners, former domestic partners, and subsequent domestic partners 

have the same rights that married and formerly married employees 

and their spouses, former spouses, and subsequent spouses have 

under § 8339 for purposes determining the entitlement to, and 

amount of, an annuity or a survivor annuity. 

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

5 U.S.C. § 8340 authorizes cost-of-living adjustments for annuities under CSRS. Section 204 of the bill amends § 8340 to provide 

that entitlement to CSRS survivor annuities and cost-of-living increases will be determined for surviving partners under the same 

rules as for widows and widowers and will be determined for 

former domestic partners under the same rules as for former 

spouses. (The definition of ‘‘former domestic partner’’ is added by 

section 201 of the bill to 5 U.S.C. § 8331, as discussed above, and 

the definition of ‘‘surviving partner’’ is added by section 205 of this 

bill to 5 U.S.C. § 8341, as discussed below.) 

Sec. 205. Survivor annuities 

After the death of a federal employee or retiree, 5 U.S.C. § 8341 

generally establishes the circumstances under which the employee’s or retiree’s surviving family member or another individual may 

become entitled under CSRS to an annuity, called a survivor annuity. § 8341 provides definitions of a ‘‘widow’’, ‘‘widower’’, and ‘‘child’’ 

who may be entitled to a survivor annuity under CSRS. (A ‘‘widow’’ 

or ‘‘widower’’ means a surviving spouse who was married to the 


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employee at least nine months immediately preceding the death or 

parented a child by the marriage. A ‘‘child’’ generally means an unmarried dependent child, including a stepchild living with the employee in a parent-child relationship.) 

Section 205 of the bill adds a definition of ‘‘surviving partner’’ 

that parallels the definitions of ‘‘widow’’ and ‘‘widower’’, and 

amends the definition of ‘‘child’’ to include the child of an employee’s domestic partner under the same conditions as those under 

which a stepchild is included. 

Section 205 of the bill further amends § 8341 so that surviving 

partners are entitled to an annuity under the same conditions and 

in the same amounts as widows and widowers. Also, § 8341 establishes rules for determining whether surviving spouses—that is, 

those who do not meet the conditions in the definition to qualify 

as ‘‘widows’’ or ‘‘widowers’’—are entitled to a survivor annuity. 

Under the amendment to § 8341, surviving domestic partners—that 

is, those who do not meet the conditions to qualify under the definition of ‘‘surviving partners’’—are entitled to an annuity under the 

same conditions and in the same amounts as surviving spouses. 

As noted above, section 205 amends the definition of ‘‘child’’ in 

§ 8341 to include the children of domestic partners, and therefore 

the children of domestic partners may qualify for an annuity under 

§ 8341. Also, § 8341 terminates the right to benefits if children 

marry and generally terminates the right to benefits if widows or 

widowers or surviving spouses remarry before age 55. Section 205 

of the bill amends § 8341 to also terminate the right to benefits if 

children enter into a domestic partnership and if widows or widowers or surviving spouses enter into a domestic partnership before 

age 55 or if surviving partners or surviving domestic partners enter 

into a subsequent domestic partnership or marry before age 55. 

(The term ‘‘domestic partnership’’ is defined under 5 U.S.C. § 2501– 

2502, as added by section 101 of the bill, to mean a domestic partnership established under those provisions, and that definition applies to the CSRS under the bill’s amendment to 5 U.S.C. § 8331, 

as noted above. Therefore, entering into a domestic partnership can 

terminate any benefit rights under 5 U.S.C. § 8341, as amended, 

only if the domestic partnership is established under §§ 2501– 

2502.) 

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

precedence 

5 U.S.C. § 8342 authorizes the payment of a lump-sum amount, 

in lieu of an annuity, under certain circumstances and includes a 

list of beneficiaries, in order of precedence, who are entitled to the 

lump sum benefits if an employee dies. Generally, if the deceased 

employee did not designate beneficiaries, the widow or widower is 

first in line, and if there is no widow or widower, the child or children are next in line. 

Section 206 of the bill amends this list by adding surviving partners with the same order of precedence as widows and widowers. 

5 U.S.C. § 8342 excludes the employee’s stepchildren from the definition of ‘‘child’’ for purposes of this order of precedence, and section 206 of the bill would likewise amend the provision to exclude 

children of the employee’s domestic partner (if they are not otherwise the children of the employee). Section 206 further amends 


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§ 8342 by requiring that domestic partners and former domestic 

partners be notified of their rights, as spouses or former spouses 

are notified, when an employee applies for a lump sum payment. 

Sec. 207. Alternative forms of annuities 

5 U.S.C. § 8343a allows employees with critical medical conditions to elect an alternative form of annuity, and the section includes options and restrictions to protect the interests of employees’ 

spouses and former spouses. Section 207 of the bill amends § 8343a 

to provide analogous options and restrictions to protect the interests of employees’ domestic partners and former domestic partners. 

Sec. 208. Administration; regulations 

5 U.S.C. § 8347(n) requires the Director of the Central Intelligence Agency (CIA) to take certain actions to administer CSRS for 

CIA employees, including the collection of deposits made by CIA 

employees’ spouses and former spouses. Section 208 of the bill 

amends § 8347(n) to require the Director to likewise collect deposits 

made by CIA employees’ domestic partners and former domestic 

partners. 

Sec. 209. Participation in the Thrift Savings Plan 

5 U.S.C. § 8351 authorizes employees who are covered by the 

CSRS to contribute to the Thrift Savings Plan and includes provisions to accommodate the respective rights of married and formerly 

married employees and their spouses and former spouses. Section 

209 of the bill amends § 8351 to accommodate, in the same way, 

the respective rights of employees who are or were in domestic 

partnerships and their domestic partners and former domestic 

partners. 

TITLE III—FEDERAL EMPLOYEES’ RETIREMENT SYSTEM 

Title III of the bill establishes domestic partnership benefits 

under the Federal Employees’ Retirement System (FERS), which is 

the retirement program that covers most federal employees who 

began service during 1987 or later. FERS establishes both a defined benefit plan for covered employees and the Thrift Savings 

Plan (TSP), which is a defined-contribution program, in which employees covered by CSRS and some other retirement systems, as 

well as those covered by FERS, may participate. 

FERS not only contributes to the retirement security of covered 

employees, but also enables these employees to contribute to the retirement security of their spouses and children, including stepchildren. Title III of the bill amends FERS’s authorizing provisions 

(5 U.S.C. §§ 8401–8479) to enable federal employees who are in domestic partnerships to likewise contribute to the retirement security of their domestic partners and children, including children of 

their domestic partners. 

Subtitle A—General Provisions 

Sec. 301. Definitions 

Section 301 of the bill adds a definition of ‘‘former domestic partner’’ to FERS’s current definition section, 5 U.S.C. § 8401. It parallels the definition of ‘‘former spouse’’ in § 8401 (i.e., at least 18 


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months of covered service by the employee, and at least 9 months 

of marriage or domestic partnership). These definitions are significant because amendments made by other sections of the bill make 

former domestic partners eligible for a FERS survivor annuity 

under the same conditions as apply to former spouses. 

Section 301 of the bill also adds definitions of ‘‘domestic partner’’ 

and ‘‘domestic partnership’’ by cross referencing the definitions in 

5 U.S.C. § 2501 (which is added by section 101(a) of the bill). (The 

section also adds a definition of ‘‘Federal employee’’ to make clear 

that only federal employees covered by FERS—and not the small 

portion of FERS participants who are not federal employees—are 

entitled to the benefits conferred by this bill.) 

Subtitle B—Basic Annuity 

Sec. 311. Creditable service 

5 U.S.C. § 8411 requires OPM to prescribe rules for determining 

the amount of FERS benefits paid to employees’ spouses and 

former spouses based on the amount of employees’ service that is 

creditable for purposes of the FERS and on other factors. Section 

311 of the bill amends § 8411 by requiring that OPM apply these 

same rules to determining the amount paid to employees’ domestic 

partners and former domestic partners. 

Sec. 312. Survivor reduction for a current spouse or a current domestic partner 

Under 5 U.S.C. § 8416, married employees generally see their annuities reduced at retirement, in order to fund survivor annuities 

for their spouses, unless they and their spouses jointly elect otherwise. Section 312 of the bill amends § 8416 to apply these provisions to employees in domestic partnerships. 

Sec. 313. Survivor reduction for a former spouse or former domestic 

partner 

5 U.S.C. § 8417 reduces employees’ annuities in order to fund 

survivor annuities for their former spouses, and the section establishes elections that can be exercised by employees and their 

former and subsequent spouses. Section 313 of the bill amends 

§ 8417 to apply these provisions to employees with former domestic 

partners and to former and subsequent domestic partners. 

Sec. 314. Survivor elections; deposit; offsets 

For certain retired employees who become entitled after retirement to elect to fund survivor annuities for former or subsequent 

spouses, 5 U.S.C. § 8418 establishes rules under which the employees (or their survivors) deposit required amounts into the Civil 

Service Retirement and Disability Fund. Section 314 of the bill 

amends § 8418 to apply the same rules to employees with former 

or subsequent domestic partners and to those domestic partners. 

Sec. 315. Survivor reductions, computation 

5 U.S.C. § 8419 governs the amount by which employees see their 

annuities reduced in order to fund survivor annuities for their 

spouses or former spouses. Section 315 of the bill amends § 8419 to 


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apply these rules to annuitants with domestic partners and former 

domestic partners. 

Sec. 316. Insurable interest reductions 

5 U.S.C. § 8420 allows employees to take reduced annuities in 

order to provide annuities for individuals who have an insurable 

interest in the employees, but this option is generally only available to married employees if their spouses’ annuity rights are 

waived. Section 316 amends § 8420 to apply this provision to employees in domestic partnerships and their domestic partners. 

Sec. 317. Alternative forms of annuities 

5 U.S.C. § 8420a authorizes an alternative form of annuity for 

employees who have critical medical conditions at the time of retiring. It includes an option to provide an annuity for surviving 

spouses, as well as provisions to preserve annuity rights of current 

spouses and former spouses. Section 317 of the bill amends § 8420a 

to provide the same option and protections for employees and their 

domestic partners or former domestic partners. 

Sec. 318. Lump-sum benefits; designation of beneficiary; order of 

precedence 

Under 5 U.S.C. § 8424, an employee under certain circumstances 

may apply to receive a lump sum credit in lieu of an annuity, but 

subject to certain rights of a spouse or former spouse to receive notice and to withhold consent. Section 318 of the bill amends § 8424 

to provide the same notification and consent rights to a domestic 

partner or former domestic partner. 

5 U.S.C. § 8424 also requires payment of a lump sum under certain conditions when an employee or annuitant dies, and sets an 

order of precedence for determining which survivors are entitled to 

the payment. If the employee did not designate beneficiaries, the 

widow or widower is first in line under the order of precedence, and 

if there is no widow or widower, the child or children are next in 

line. Section 318 of the bill would amend § 8424 so that a surviving 

partner has the same position in the order of precedence as a 

widow or widower. 5 U.S.C. § 8424 excludes the employee’s stepchildren from the definition of ‘‘child’’ for purposes of the order of 

precedence, and section 318 of the bill would amend § 8424 to likewise exclude children of the employee’s domestic partner (if they 

are not also the children of the employee). 

Subtitle C—Thrift Savings Plan 

Sec. 321. Benefits and election of benefits 

If an employee dies having designated his or her surviving 

spouse as beneficiary or having designated no beneficiary, 5 U.S.C. 

§ 8433 allows the surviving spouse to maintain the employee’s 

Thrift Savings Plan (TSP) account for the spouse’s lifetime. Section 

321 of the bill amends § 8433 to give that same right to a surviving 

domestic partner. 

Sec. 322. Annuities: methods of payment; election; purchase 

5 U.S.C. § 8433 authorizes employees who separate from federal 

government employment to, under certain conditions, convert their 


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TSP balance into an annuity, and § 8434 directs the Federal Retirement Thrift Investment Board (which governs the TSP) to specify 

methods of payment from which employees may choose, including 

options that include an annuity for the spouse or former spouse of 

the employee. Section 322 of the bill amends § 8434 to give employees with domestic partners or former domestic partners the same 

options. 

Sec. 323. Protections for spouses, domestic partners, former spouses, 

and former domestic partners 

5 U.S.C. § 8435 protects the interests of spouses, former spouses, 

and surviving spouses by providing the right to consent before an 

employee can withdraw TSP funds or convert them into an annuity. Section 323 of the bill amends § 8435 to likewise protect the interests of domestic partners, former domestic partners, and surviving domestic partners. 

Sec. 324. Justices and judges 

5 U.S.C. § 8440a authorizes justices and judges to contribute to 

the TSP and specifies that their spouses’ rights will be governed by 

5 U.S.C. § 8351(b)(5), which specifies the respective rights of married and formerly married employees and their spouses and former 

spouses with respect to the employees’ TSP accounts. Section 324 

of the bill would amend § 8440a so that the rights of justices and 

judges and their domestic partners will likewise be governed by 

§ 8351(b)(5). 

Subtitle D—Survivor Annuities 

Sec. 331. Definitions 

For establishing who may be entitled to a survivor annuity under 

FERS, 5 U.S.C. § 8441 defines terms including ‘‘widow’’, ‘‘widower’’, 

and ‘‘child’’. Section 331 of the bill amends § 8441 to add a definition of ‘‘surviving partner’’ that includes the same conditions as are 

in the definitions of ‘‘widow’’ and ‘‘widower’’, and amends the definition of ‘‘child’’ to include the child of an employee’s domestic partner under the same conditions as those under which a stepchild is 

included. Also, building on § 8441’s exclusion of married children 

from the definition of ‘‘child’’, section 331 adds an exclusion of children who are in domestic partnerships. 

Sec. 332. Rights of a widow, widower, or surviving partner 

Section 332 amends 5 U.S.C. § 8442, which sets forth the annuity 

rights of widows and widowers, to give surviving domestic partners 

those same rights. Also, a widow’s or widower’s right to benefits 

generally terminates under § 8442 if the widow or widower remarries before age 55, and section 332 of the bill amends the provision 

to likewise generally terminate the rights to benefits if a widow or 

widower enters into a domestic partnership before age 55, or if a 

surviving partner enters into a subsequent domestic partnership or 

marries before age 55. 

Sec. 333. Rights of a child 

Under 5 U.S.C. § 8443, children may be entitled to an annuity 

under certain circumstances, but the right terminates if the chilVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00041 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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dren marry. Section 333 of the bill amends § 8443 to likewise terminate children’s right to an annuity if they enter into a domestic 

partnership. Also, as noted above, section 331 of the bill amends 

the definition of ‘‘child’’ under 5 U.S.C. § 8441 so that domestic 

partners’ children are included in the definition under the same 

conditions as stepchildren; accordingly, the children of domestic 

partners may qualify for an annuity under the same conditions as 

stepchildren under § 8443. 

Sec. 334. Rights of a former spouse or former domestic partner 

5 U.S.C. § 8445 provides that former spouses may have a right 

to an annuity under certain circumstances, and section 317 of the 

bill amends § 8445 to provide that former domestic partners may 

likewise have a right to an annuity under the same circumstances. 

Also, under § 8445 the right to an annuity may terminate under 

certain conditions if former spouses remarry, and section 334 

amends § 8445 to likewise terminate former spouses’ right to an annuity if they subsequently enter into a domestic partnership or if 

former domestic partners subsequently enter into other domestic 

partnerships or marry. 

Subtitle E—General and Administrative Provisions 

Sec. 341. Authority of the Office of Personnel Management 

5 U.S.C. § 8461 authorizes the Director of Central Intelligence to 

collect deposits to the Thrift Savings Fund from employees of the 

Central Intelligence Agency (CIA) and their spouses, former 

spouses, and survivors. Section 341 of the bill authorizes the Director to likewise collect deposits to the Fund from CIA employees’ domestic partners and former domestic partners. 

Sec. 342. Cost-of-living adjustments 

Section 342 amends 5 U.S.C. § 8462 to provide that cost-of-living 

adjustments to surviving partners’ annuities are calculated the 

same way as cost-of-living adjustments to widows’ and widowers’ 

annuities are calculated. 

Subtitle F—Federal Retirement Thrift Investment Management 

System 

Sec. 351. Fiduciary responsibilities; liability and penalties 

5 U.S.C. § 8477 states the fiduciary duties of members of the Federal Investment Retirement Thrift Investment Board, the Executive Director of the Board, and certain other managers of the Thrift 

Savings Fund. Among other things, fiduciaries must prohibit certain transactions between the Fund and a ‘‘party of interest,’’ which 

term is defined in § 8477 to include a fiduciary’s spouse or other 

listed relatives or the relatives’ spouses. Section 351 amends § 8477 

to likewise prohibit transactions with a fiduciary’s domestic partner 

by adding a fiduciary’s domestic partner and listed relatives’ domestic partners to the definition of ‘‘party in interest.’’ 


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TITLE IV—INSURANCE BENEFITS 

Sec. 401. Life insurance 

Section 401 of the bill amends the provisions that authorize the 

Federal Employees’ Group Life Insurance (FEGLI) Program, which 

provides life insurance options to federal employees, including 

‘‘Basic Insurance’’ on the life of an employee, additional ‘‘Optional 

Insurance’’ on the life of an employee, and ‘‘Optional Life Insurance 

on Family Members’’ of an employee. All employees are automatically enrolled in the Basic Insurance unless they elect not to be, 

whereas employees must elect if they wish to be covered under the 

Optional insurance programs. 

FEGLI is authorized under 5 U.S.C. chapter 87 (§§ 8701–8716). 

If an employee does not designate a beneficiary under FEGLI, 

§ 8705(a) establishes an order of precedence of who will collect the 

proceeds upon the employee’s death. Under that order of precedence, the widow or widower is first in line. Section 401(a)(2) of the 

bill amends § 8705(a) to afford a surviving domestic partner the 

same status as a widow or widower. 

Under 5 U.S.C. § 8714c, employees may elect to purchase life insurance on the lives of the employee’s family members, and 

§ 8701(d) defines ‘‘family members’’ to include an employee’s spouse 

and dependent children, including stepchildren, but excluding married children. Sections 401(a)(1) and (3) of the bill amend 5 U.S.C. 

§ 8701(d) and § 8714c so that insurance on family members under 

FEGLI also covers the lives of federal employees’ domestic partners 

and partners’ children and does not cover the lives of children who 

enter into domestic partnerships. 

Sec. 402. Health insurance 

The Federal Employee Health Benefits (FEHB) Program provides 

health benefits to federal employees and gives them the option of 

obtaining health coverage not only for themselves, but also for their 

spouses and children, including stepchildren. The FEHB program 

is authorized under 5 U.S.C. chapter 89 (§§ 8901–8914), and section 

402 of the bill would amend those provisions to enable federal employees to provide similar family coverage to their domestic partners and children of domestic partners. Also, surviving spouses and 

former spouses of federal employees may gain their own eligibility 

to enroll in a health benefits plan under FEHB under certain conditions, and the amendments under section 402 of the bill would 

extend similar eligibility to surviving domestic partners and former 

domestic partners. 

Subsection (a)—Definitions. 5 U.S.C. § 8901 contains definitions 

for the provisions authorizing FEHB, including a definition of 

‘‘member of family’’ that means the spouse and a child, including 

a stepchild if applicable conditions are satisfied. Section 401(a) of 

the bill would amend the definition to include the domestic partner 

and a child of the domestic partner. This definition is significant 

because, under other provisions of the statute, it determines what 

individuals are covered under family FEHB plans and what individuals, if they become survivor annuitants, may be eligible to enroll in an FEHB plan. 

Section 402(a) of the bill also adds a new definition of ‘‘former 

domestic partner’’, which includes the same conditions that are now 


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in the definition of ‘‘former spouse’’ in 5 U.S.C. § 8901. The definition of ‘‘former spouse’’ in § 8901 excludes any individual who remarries before age 55, and, accordingly, section 402(a) of the bill 

amends that definition to also exclude any individual who enters 

a domestic partnership before age 55. Likewise, the new definition 

of ‘‘former domestic partner’’, which is added by section 402(a) of 

the bill, excludes any individual who, before age 55, enters into another domestic partnership or marries. These definitions are significant because a former spouse may be eligible to enroll in an 

FEHB plan, and, under amendments made by other subsections of 

the bill, a former domestic partner may be eligible to enroll in an 

FEHB plan under the same conditions as a former spouse. 

Also, 5 U.S.C. § 8901 excludes any married children from the definition of ‘‘member of family’’, and the amendments likewise exclude children in domestic partnerships from the definition. Section 

402(a) of the bill also adds definitions of ‘‘domestic partner’’ and 

‘‘domestic partnership’’ by cross reference to 5 U.S.C. § 2501, which 

would be added by section 101 of the bill. (Section 402(a) also adds 

definitions of ‘‘Federal employee’’ and ‘‘Federal annuitant’’ to make 

clear that only federal employees and former federal employees, 

and not the small portion of FEHB participants who are neither, 

are entitled to the benefits conferred by this bill.) 

Subsection (b)—Contracting Authority. 5 U.S.C. § 8902 authorizes 

OPM to contract with qualified insurance carriers and sets eligibility criteria for carriers and minimum requirements for contracts. 

Section 402(b) of the bill amends § 8902 by requiring contracts for 

group insurance to meet the same coverage requirements for 

former domestic partners as the statute now provides for former 

spouses. 

Subsection (c)—Debarment and Other Sanctions. In describing 

the criteria for debarring or otherwise sanctioning providers, 5 

U.S.C. § 8902a defines and uses the terms ‘‘individual covered 

under this chapter’’ and ‘‘covered individual’’. Those definitions include a former spouse, and section 402(c) of the bill would amend 

the definitions to likewise include a former domestic partner. 

Subsection (d)—Health Benefits Plan. Under 5 U.S.C. § 8903, 

OPM may contract for a number of different kinds of plans, including a single government-wide preferred-provider plan offering a 

complete range of health benefits, called the Service Benefit Plan. 

§ 8903 lists the classes of individuals, including former spouses, 

who must be covered under this plan, and section 402(d) of the bill 

amends § 8903 by adding former domestic partners to the list. 

Subsection (e)—Election of Coverage. After the termination of an 

employee’s marriage, 5 U.S.C. § 8905(c) entitles the employee’s 

former spouse to enroll in an FEHB plan and to elect coverage that 

may include a child of the employee and the former spouse under 

certain conditions. Section 402(e)(1) of the bill adds a paragraph to 

§ 8905(c) directing OPM to prescribe regulations to ensure parity of 

treatment between former spouses and former domestic partners 

and between children of a dissolved marriage and children of a terminated domestic partnership. 

Also, 5 U.S.C. § 8905(e) specifies that two married federal employees who are each eligible to enroll under FEHB may not both 

enroll in family coverage. Section 402(e)(2) of the bill amends that 

provision so that two such employees who are domestic partners 


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may not both enroll in family coverage. Provisions in §§ 8905(f)–(g) 

that entitle enrollees, including former spouses, to change their enrollment are amended to apply likewise to former domestic partners. 

Subsection (f)—Continued Coverage. 5 U.S.C. § 8905a establishes 

individuals’ rights to continue FEHB coverage if such coverage 

would otherwise terminate for various reasons, including divorce, 

annulment, or legal separation. Section 402(f) of the bill amends 

§ 8905a to direct OPM to prescribe regulations ensuring parity of 

treatment between former spouses and former domestic partners 

and between children of a dissolved marriage and children of a terminated domestic partnership. 

Subsection (g)—Coverage of Restored Employees and Survivor or 

Disability Annuitants. For surviving spouses whose survivor annuity was terminated because of remarriage but was later restored, 

5 U.S.C. § 8908 includes rules under which the surviving spouses 

can restore their coverage under FEHB plans. Section 402(g) of the 

bill amends § 8908 so that it would apply in the same way where 

a surviving spouse’s annuity terminated because of entry into a domestic partnership, and where a former domestic partner’s annuity 

terminated because of entry into another domestic partnership or 

a marriage. 

Subsection (h)—Employees Health Benefits Fund. 5 U.S.C. 

§ 8909(d) addresses how the merger of employee organizations that 

sponsor an FEHB plan can affect who may remain enrolled in the 

plan, including former spouses. Section 402(h) of the bill amends 

the provision to refer likewise to former domestic partners. 

Subsection (i)—Regulations. 5 U.S.C. § 8913(c) requires OPM to 

prescribe regulations providing for the beginning and ending dates 

of coverage under various circumstances, and in that context refers 

to former spouses. Section 402(i) of the bill amends the provision 

to refer likewise to former domestic partners. 

Subsection (j)—Effective Date. Section 402(j) provides that the 

amendments made by section 402 apply with respect to calendar 

years beginning after the end of the 6-month period beginning on 

the date of the enactment of the legislation. 

Sec. 403. Enhanced dental benefits 

Supplemental dental coverage under the Federal Employees Dental and Vision Insurance Program (FEDVIP) is authorized under 5 

U.S.C. chapter 89A (§§ 8951–8962). 5 U.S.C. § 8956(a) specifies that 

two married federal employees who are each eligible to enroll for 

enhanced dental coverage may not both enroll in family coverage, 

and section 403(a)(1) of the bill amends that provision so that two 

such employees who are domestic partners may likewise not both 

enroll in family coverage. Also, for a surviving spouse whose survivor annuity is terminated and is later restored, 5 U.S.C. § 8957 

includes rules under which the surviving spouse may continue enrollment in dental benefits. Section 403 amends the provision so 

that those rules likewise apply where a surviving domestic partner’s annuity terminated and is later restored. 

Sec. 404. Enhanced vision benefits 

Supplemental vision coverage under FEDVIP is authorized under 

5 U.S.C. chapter 89B (§§ 8981–8992). 5 U.S.C. § 8986(a) specifies 


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that two married federal employees who are each eligible to enroll 

for enhanced vision benefits may not both enroll in family coverage, 

and section 404(a)(1) of the bill amends that provision so that two 

such employees who are domestic partners may likewise not both 

enroll in family coverage. Also, for a surviving spouse whose survivor annuity is terminated and is later restored, 5 U.S.C. § 8987 

includes rules under which the surviving spouse may continue enrollment in vision benefits. Section 404 amends the provision so 

that those rules likewise apply where a surviving domestic partner’s annuity is terminated and is later restored. 

Sec. 405. Long-term care insurance 

The Federal Long Term Care Insurance Program (FLTCIP), 

which provides group long-term care insurance for federal employees and annuitants, members and retired members of the uniformed services, and qualified relatives, is authorized under 5 

U.S.C. chapter 90 (§§ 9001–9009). The definition of ‘‘qualified relative’’ under 5 U.S.C. § 9001(5) includes, among others, a spouse, 

parent-in-law, and stepchild, subject to specified conditions. Section 

405(a)(1) of the bill would amend the definition of ‘‘qualified relative’’ to add a domestic partner of a federal employee, a child of 

a domestic partner, and a parent of a domestic partner, under 

those same conditions. (The definition also cross references the definition of ‘‘domestic partner’’ in 5 U.S.C. § 2501 and the definition 

of federal employee in 5 U.S.C. § 8901, both of which are added by 

other sections of the bill.) 

5 U.S.C. § 9002 imposes upon insurance carriers seeking to participate in the federal long-term care program certain conditions, 

including that underwriting standards should treat the spouse of 

an employee as much like the employee as practicable. Section 

405(a)(2) of the bill amends that provision to apply likewise to the 

domestic partner of an employee. Also, section 405(b) of the bill 

provides that the amendments to the long-term care provisions 

shall apply with respect to calendar years beginning after the end 

of the 6-month period beginning on the date of enactment of the 

legislation. 

TITLE V—TRAVEL, TRANSPORTATION, AND SUBSISTENCE 

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

travel expense 

When an agency reimburses an employee’s travel expenses, the 

head of the agency is authorized under 5 U.S.C. § 5706c to also reimburse Federal, State, and local income taxes incurred by the employee or, if filing jointly, by the employee and the employee’s 

spouse on account of the reimbursement. Section 502 of the bill 

amends § 5706c so that, in jurisdictions where the employee and 

the domestic partner can file jointly, the agency head may reimburse the employee’s and the domestic partner’s taxes. Section 501 

also specifies that these amendments to § 5706c will apply for the 

taxable year beginning after the end of the 6 month period beginning on the date of enactment of the Act. 


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Sec. 502. Definitions 

5 U.S.C. chapter 57, subchapter II, (§§ 5721–5739) provides general authority to reimburse employees’ travel and transportation 

expenses. Sections 501 through 505 of the bill make amendments 

to these provisions. Section 502 of the bill adds to the definitions 

section (5 U.S.C. § 5721) the term ‘‘domestic partner’’ and gives it 

the meaning given in 5 U.S.C. § 2501 (which would be added under 

section 101 of the bill). 

Sec. 503. Relocation expenses of employees transferred or reemployed 

When an employee transfers in the interest of the Government 

between official stations within the United States, 5 U.S.C. § 5724a 

authorizes the agency to pay certain relocation expenses, including 

the transportation expenses of the employee and spouse for travel 

to seek a permanent residence at the new official station. Section 

503 of the bill amends § 5724a to likewise authorize transportation 

expenses for an employee and domestic partner. Section 503 also 

specifies that the amendment applies with respect to expenses incurred after the 6 month period beginning on the date of enactment. 

Sec. 504. Taxes on reimbursements for travel, transportation, and 

relocation expenses of employees transferred 

When the government covers an employee’s moving or storage 

expenses or other relocation expenses, 5 U.S.C. § 5724b authorizes 

the agency to reimburse any resulting federal, State, and local income taxes incurred by the employee or, if filing jointly, by the employee and the employee’s spouse. Section 504 of the bill amends 

§ 5724b so that, in jurisdictions where an employee and a domestic 

partner can file jointly, the agency may also reimburse the employee’s and domestic partner’s taxes. Section 504 also provides that 

the amendments apply with respect to taxable years beginning 

after the end of the 6 month period beginning on the date of enactment. 

Sec. 505. Relocation expenses of an employee who is performing an 

extended assignment 

When an employee is given an extended assignment, 5 U.S.C. 

§ 5737 authorizes the agency to pay certain relocation expenses, including travel and transportation expenses of the employee and 

spouse to seek a new residence at the assignment location. Section 

505 of the bill amends the provision to likewise authorize travel 

and transportation expenses for an employee and domestic partner. 

Section 505 also provides that the amendment shall apply with respect to expenses incurred after the end of the 6 month period beginning on the date of enactment. 

TITLE VI—COMPENSATION FOR WORK INJURIES 

Title VI of the bill makes amendments to provisions that authorize the Federal Employees’ Compensation Act (FECA), which is the 

workers’ compensation program for federal employees. FECA, 

which is authorized under 5 U.S.C. chapter 81 (§§ 8101–8193), provides compensation for disability or death of an employee resulting 


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from injury sustained while in the performance of the employee’s 

duty. In case of death, FECA provides benefits to widows and widowers, children, including stepchildren, and certain other survivors. 

The bill amends FECA to extend its coverage to surviving domestic 

partners and their children. 

Sec. 601. Definitions 

5 U.S.C. § 8101 establishes definitions for the relevant portions 

of FECA. Section 601 of the bill would add to § 8101 new definitions of ‘‘domestic partner’’ and ‘‘domestic partnership’’, including 

criteria for establishing and terminating domestic partnerships, 

that are similar to, but not identical to, those in the general domestic partnership program under 5 U.S.C. §§ 2501–2502, as added by 

section 101 of the bill. These new FECA definitions and criteria are 

needed because FECA covers broader groups of individuals than 

other federal civil service laws, including unpaid federal volunteers, 

additional groups of volunteers and trainees (for example, Peace 

Corps volunteers, and Job Corps enrollees), and others. Under the 

new definitions, any domestic partnership established under 5 

U.S.C. §§ 2501–2502 would qualify as a domestic partnership under 

FECA. But, in addition, for same-sex relationships where neither 

individual is a federal employee covered under §§ 2501–2502, but 

one or both are federal employees or volunteers covered under 

FECA, the Secretary of Labor is authorized to exercise the OPM 

Director’s authorities under § 2502 to establish the process by 

which domestic partnerships are formed and terminated. (Section 

601 of the bill also adds a definition of ‘‘Federal employee’’ to make 

clear that only federal employees or federal volunteers, and not employees of contractors or of other non-federal employers, are entitled to benefits conferred by the bill.) 

For purposes of establishing who may be eligible to receive FECA 

benefits as a survivor, section 601 of the bill also adds a definition 

of ‘‘surviving partner’’ and gives it a meaning parallel to the current definitions of ‘‘widow’’ and ‘‘widower’’ in 5 U.S.C. § 8101. The 

definition of ‘‘child’’ in § 8101 includes stepchildren, and section 601 

would amend that definition to likewise include children of a federal employee’s domestic partner. The definitions of ‘‘child’’, ‘‘brother’’, and ‘‘sister’’ in § 8101 exclude children, brothers, and sisters 

who are married, and section 601 of the bill would amend these 

definition to likewise exclude children, brothers, and sisters who 

are in domestic partnerships. 

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

service with an Armed Force 

For federal employees who die in connection with service as civilians with the Armed Forces in qualifying military operations (‘‘contingency operations’’), 5 U.S.C. § 8102a authorizes death gratuities 

for prescribed survivors and establishes an order of precedence for 

payment of benefits, under which surviving spouses come first, 

and, if none, children, including stepchildren, come next. Section 

602 of the bill would amend § 8102a to give domestic partners the 

same rank as surviving spouses and to give children of domestic 

partners the same rank as stepchildren. 


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

For employees who are eligible for FECA compensation due to injury, and then die of other causes while still owed benefits, 5 

U.S.C. § 8109 provides an order of precedence for the payment of 

unpaid compensation. Generally, children and widows and widowers get equal rank: if there is no child, the widow or widower 

comes first; if there is no widow or widower, the child or children 

come first; and if there are both, one half goes to the widow or widower, and one half goes to the child or children. Section 603 of the 

bill amends § 8109 so that surviving partners receive the same 

rank as widows and widowers. Also, as noted above, section 601 of 

the bill amends the applicable definition of ‘‘child’’ in 5 U.S.C. 

§ 8101; consequently, children of domestic partners are treated the 

same as stepchildren. 

Sec. 604. Augmented compensation for dependents 

5 U.S.C. § 8110 increases the FECA compensation of employees 

who have one or more dependents and defines the term ‘‘dependent’’ for purposes of the section. Section 604 of the bill amends the 

definition to include domestic partners under the same conditions 

as wives and husbands. Also, section 604 amends the definition to 

exclude children who are in domestic partnerships under the same 

conditions as married children are excluded. 

Sec. 605. Limitations on right to receive compensation 

5 U.S.C. § 8116(c) provides that, for the injury or death of an employee, liability under FECA is the only liability of the United 

States to the employee or any other person entitled to recover, including the employee’s spouse. Section 605 of the bill amends 

§ 8116(c) to clarify that FECA is likewise the exclusive liability to 

the employee’s domestic partner. 

Sec. 606. Compensation in case of death 

In a case where an employee dies from injury sustained in the 

performance of duty, 5 U.S.C. § 8133 establishes which survivors 

are entitled to monthly compensation. Section 606 of the bill 

amends this provision so that a surviving partner is treated in the 

same manner as a widow or widower. Also, § 8133 provides that 

monthly compensation terminates if a widow or widower remarries 

before age 55, and section 606 of the bill amends § 8133 to likewise 

terminate benefits if a widow or widower enters a domestic partnership before age 55 or if a surviving partner enters into another 

domestic partnership or marries before age 55. Also under § 8133, 

if other surviving relatives marry while receiving benefits, those 

benefits terminate, and the amendments to § 8133 would likewise 

terminate benefits if those surviving relatives enter into domestic 

partnerships. Finally, just as § 8133 now provides that a widow or 

widower cannot collect FECA benefits on account of more than one 

spouse, the amendments clarify that neither a widow or widower 

nor a surviving partner may collect FECA benefits on account of 

more than one spouse or domestic partner. 


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Sec. 607. Lump-sum payment 

5 U.S.C. § 8135(a) provides that the Government’s FECA liability 

may be discharged by a lump-sum payment under certain circumstances, and it caps the payment to a widow or widower. Section 607 of the bill amends the provision to apply these provisions 

to a surviving partner. 

Also, 5 U.S.C. § 8135(b) authorizes a lump-sum payment to a 

widow or widower who remarries before age 55 (and therefore loses 

the right to receive monthly compensation under 5 U.S.C. § 8133). 

Section 607 of the bill amends this provision to likewise provide 

lump-sum payment to a widow or widower who enters into a domestic partnership before age 55 and to a surviving partner who, 

before age 55, enters into another domestic partnership or marries. 

Sec. 608. Employees of nonappropriated fund instrumentalities 

Subsection (a)—In General. Employees paid from nonappropriated funds of the military exchanges and similar instrumentalities of the Armed Forces (nonappropriated fund employees) 

are not covered by FECA. Instead, 5 U.S.C. §§ 8171–8173 puts 

these employees under the Longshore and Harbor Workers’ Compensation Act (Longshore Act), which is a federal workers’ compensation statute that generally applies to specified groups of nonfederal employees. 

The Longshore Act provides compensation for injury or death 

arising out of and in the course of employment. Section 608(a) of 

the bill does not amend the Longshore Act itself, but instead adds 

a new subsection (e) to 5 U.S.C. § 8101, establishing that, for nonappropriated fund employees in domestic partnerships who suffer 

compensable injuries and die, the Longshore Act will be applied in 

a manner to make the employees’ surviving domestic partners and 

surviving children of domestic partners eligible for compensation to 

the same extent as surviving spouses, children and stepchildren. 

New 5 U.S.C. §§ 8171(e)—as added by section 608 of the bill 

New §§ 8171(e)(1)–(3). These paragraphs include the definitions 

for the terms ‘‘domestic partner’’, ‘‘domestic partnership’’, and ‘‘surviving partner’’ for purposes of extending the Longshore Act to nonappropriated fund employees. These three definitions are substantially the same as the corresponding definitions that section 601 of 

the bill adds to 5 U.S.C. § 8101 for FECA. 

New § 8171(e)(4)(A). Section 2(14) of the Longshore Act (33 U.S.C. 

§ 902(14)) defines the term ‘‘child’’ to include a stepchild under certain conditions and defines the terms ‘‘children’’, ‘‘brothers’’, and 

‘‘sisters’’ to exclude those who are married unless wholly dependent 

on the employee. For purposes of making this section applicable to 

nonappropriated fund employees, new 5 U.S.C. § 8171(e)(4)(A) 

makes the child of a domestic partner eligible for benefits under 

the same conditions as a stepchild, and makes children, brothers, 

and sisters who are in domestic partnerships ineligible for benefits 

under the same conditions as those who are married are ineligible. 

New § 8171(e)(4)(B). When employees receiving benefits under 

the Longshore Act die of causes other than the compensable injury, 

section § 8(d) of the Longshore Act (33 U.S.C. § 908(d)) provides an 

order of precedence for payment to survivors, under which the 

widow or widower and the child or children are generally granted 


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equal rank. For applying this section to nonappropriated fund employees, new 5 U.S.C. § 8171(e)(4)(C) would give a surviving partner the same rank as a widow or widower (and, as noted above, 

the child of a domestic partner would have the status of a ‘‘child’’ 

under new § 8171(e)(4)(A) under the same conditions as would a 

stepchild under existing Longshore Act provisions.) 

New § 8171(e)(4)(C). When the compensable injury causes death, 

section 9 of the Longshore Act (33 U.S.C. § 909) establishes the 

amount of death benefit paid to survivors, including a widow or 

widower and any surviving child or children, under various circumstances. For applying this section to nonappropriated fund employees, new 5 U.S.C. § 8171(e)(4)(D) causes surviving partners to 

be treated the same as widows and widowers. (Also, as noted 

above, new § 8171(e)(4)(A) causes the child of a domestic partner to 

have the status of a ‘‘child’’ under the same conditions as a stepchild.) For widows and widowers who remarry, section 9 of the 

Longshore Act provides for a lump sum payment in lieu of monthly 

benefits. New § 8171(e)(4)(D) of the bill treats widows and widowers the same if they enter into domestic partnerships, and treats 

surviving partners the same if they enter into subsequent domestic 

partnerships or marry. 

Subsection (b)—Exclusive Liability. 5 U.S.C. § 8173 provides that, 

for the injury or death of a nonappropriated fund employee, liability under § 8171–8172 is the only liability of the United States to 

the employee or any other person entitled to recover, including the 

employee’s spouse. Section 608(b) of the bill amends § 8173 to clarify that liability under §§ 8171–8172 is likewise the exclusive liability to the employee’s domestic partner. 

Sec. 609. Effective date 

Section 609 of the bill establishes several rules about how the 

amendments to FECA and to the provisions that apply the Longshore Act to nonappropriated fund employees will go into effect. 

Subsection (a)—In General. Section 608(a) of the bill states that 

the amendments to FECA and to the provisions applying the 

Longshore Act will take effect on the date of enactment of the bill 

and will apply with respect to any injury or death, regardless of 

whether it occurs before, on, or after that date. 

Subsection (b)—Timely Claim Required; Limitation on Payments. 

Under section 608(b), no compensation is payable unless a timely 

claim for that compensation is filed, and no compensation is payable with respect to any period commencing before the date of enactment of the legislation. 

Subsection (c)—Allowability of Claims. Section 608(c) of the bill 

establishes two rules governing whether an original claim for a disability or death that occurred before the date of enactment (and 

that would not otherwise be payable but for the enactment of the 

amendments to FECA and to the provisions applying the Longshore Act) may be allowed: 

• First, such claim will not be allowed if, as of the date of enactment, a claim based on that disability or death would no longer be 

timely because of the lapse of time since the disability or death occurred. 

• Second, if the claim is not time-barred under the first rule as 

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tended, to allow time to establish a domestic partnership. Specifically, if the claim is not time-barred as of the date of enactment, 

the timeliness of the claim will be determined as though the applicable time limitations do not begin to run until the date on which 

the provisions of 5 U.S.C. § 2502(a) (which are added by section 101 

of this bill), under which domestic partnerships can be established, 

become effective. 

Subsection (d)—Payments for Prior Periods Not Affected. Finally, 

section 609(d) states that, if compensation has already been paid 

to any individual whose entitlement to compensation is terminated 

or reduced as a result of the enactment of this title, that compensation may not be recovered. 

TITLE VII—EMPLOYEE LEAVE; DEATH OR CAPTIVITY 

COMPENSATION; OTHER EMPLOYEE BENEFITS 

Sec. 701. Voluntary transfers of leave; voluntary leave bank program 

Subsection (a)—Voluntary Transfers of Leave. 5 U.S.C. chapter 

63, subchapter III (§§ 6331–6340) requires OPM to establish a program under which employees may voluntarily transfer leave from 

their accounts to the account of particular other employees who 

need leave because of medical emergencies involving them or their 

family members. Section 701(a) of the bill amends 5 U.S.C. § 6333 

to require OPM’s regulations to afford domestic partners the same 

status as spouses. 

Subsection (b)—Voluntary Leave Bank Program. 5 U.S.C. chapter 

63, subchapter IV (§§ 6361–6373) requires OPM to establish a program under which employees may voluntarily contribute their 

leave to a bank established by their employing agencies, so that the 

banked leave may be made available to other employees who need 

it because of medical emergencies involving them or their family 

members. Section 701(b) of the bill amends 5 U.S.C. § 6362 to require that OPM’s regulations on the administration of the voluntary leave bank program ensure that a domestic partner is afforded the same status as a spouse. 

Sec. 702. Family and medical leave 

The Family and Medical Leave Act of 1993 (FMLA) is a national 

labor law under which employees are entitled to up to 12 weeks of 

unpaid leave during any 12-month period for the following purposes: the birth and care of a child; the placement of a child with 

the employee for adoption or foster care; the care of a spouse, child, 

or parent who has a serious health condition; or a serious health 

condition of the employee. 

Section 702 of the bill modifies FMLA rights for federal employees under OPM’s government-wide leave program, as well as those 

in congressional offices, in Presidential offices, and at the Government Accountability Office, to enable employees who are in domestic partnerships to take FMLA leave to care for domestic partners 

with serious health conditions to the same extent that married employees may take FMLA leave to care for spouses with serious 

health conditions; and to care for domestic partners’ children with 

serious health conditions to the same extent as married employees 

may take FMLA leave to care for stepchildren with serious health 


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conditions. The bill does not affect FMLA coverage for any employees other than the federal employees specified in the bill. 

Subsection (a)—In General. 5 U.S.C. chapter 63, subchapter V, 

(§§ 6381–6387) incorporates Family and Medical Leave rights into 

the leave program that covers most federal employees. 5 U.S.C. 

§ 6382 now entitles federal employees to take FMLA leave to care 

for their spouses who have serious health conditions, and bill section 702(a) amends this provision to grant employees the right to 

take FMLA leave to care for their domestic partners who have serious health conditions. Also, an employee can take leave to care for 

a son or daughter who has a serious health condition, and 5 U.S.C. 

§ 6381 defines ‘‘son or daughter’’ to include a biological, adopted, or 

foster child of an employee’s spouse. The bill amends that definition to include a biological, adopted, or foster child of an employee’s 

domestic partner. Finally, 5 U.S.C. § 6383 requires employees to 

provide certifications for purposes of FMLA leave, and that provision is amended so that employees with domestic partners have the 

same obligation provide certifications as married employees. 

Subsection (b)—Congressional Accountability. The Congressional 

Accountability Act of 1995 (CAA) applies the rights and protections 

of several employment and other laws, including the FMLA, to congressional offices and to certain congressional instrumentalities 

and their employees. Section 702(b) of the bill amends section 202 

of the CAA (2 U.S.C. § 1312) by adding a new subsection (f), under 

which employees of congressional offices and of the General Accountability Office may take FMLA leave to take care of their domestic partners with serious health conditions and their domestic 

partners’ children with serious health conditions. 

Subsection (c)—Presidential and Executive Office Accountability. 

3 U.S.C. chapter 5 (§§ 401–471) makes several employment and 

other laws, including the FMLA, applicable to Presidential and 

Vice Presidential offices and offices within the Executive Office of 

the President and to their employees. Section 702(c) of the bill 

amends 3 U.S.C. § 412 by adding a new subsection (e), under which 

employees in those offices may take FMLA leave to take care of 

their domestic partners with serious health conditions and their domestic partners’ children with serious health conditions. 

Sec. 703. Settlement of accounts 

The rules for settling accounts between employees and their employing agencies are codified in 5 U.S.C. chapter 55, subchapter 

VIII (§§ 5581–5584). When an employee dies without having specified a beneficiary, § 5582 provides that any money due the employee is paid to the widow or widower in precedence over other 

survivors. Section 703(b) of the bill amends the order of precedence 

under § 5582 so that a surviving domestic partner has the same 

status as a widow or widower. Also, § 5581 provides definitions for 

purposes of the provisions on settlement of accounts, and section 

703(a) of the bill adds a definition of ‘‘domestic partner’’, having the 

meaning given in § 2501 (which is added by section 101 of the bill). 

Sec. 704. Benefits for captives 

When a federal employee is in captive or missing status due to 

hostile action, 5 U.S.C. § 5569 provides that the agency will pay 

certain expenses of family members under regulations prescribed 


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by the President. Section 704 of the bill adds a provision to § 5569 

requiring the President to prescribe regulations that ensure domestic partners are afforded the same rights as spouses. 

Sec. 705. Compensation for disability or death 

When an employee or family member suffers death or disability 

caused by hostile action, 5 U.S.C. § 5570 authorizes the payment of 

compensation, under regulations prescribed by the President. Section 705 of the bill adds a provision to § 5570 requiring the President to prescribe regulations that ensure domestic partners are afforded the same rights as spouses. 

Sec. 706. Annuity of the comptroller general 

Under 31 U.S.C. chapter 7, subchapter V (§§ 771–779), the Comptroller General (CG) may become entitled to an annuity after having served more than 10 years or by meeting certain other conditions, and the CG’s spouse and children, including stepchildren, 

may also become eligible for an annuity or other benefits under certain circumstances. Section 706 of the bill amends these provisions 

to enable a CG who has a domestic partner to likewise provide for 

the CG’s domestic partner and children, including any children of 

the domestic partner. 

Subsection (a)—Definitions. 31 U.S.C. § 771 contains definitions 

for the sections establishing an annuity for the CG, and section 

706(a) of the bill adds a definition of ‘‘surviving partner’’, which includes the same conditions that are now in the definition of ‘‘surviving spouse’’ in § 771. Also, section 706(a) amends the definition 

of ‘‘dependent child’’ to treat the child of a domestic partner of a 

CG in the same manner as a stepchild. 

Subsection (b)—Election of survivor benefits. Under 31 U.S.C. 

§ 773, a CG may elect to take a reduction in pay and annuity in 

order to provide survivor benefits, which, under 31 U.S.C. § 774, 

may be available to a surviving spouse or a dependent child. Section 706(b) of the bill makes conforming amendments to § 773 so 

that a CG in a domestic partnership and the CG’s domestic partner 

are treated the same way. 

Subsection (c)—Survivor annuities. Under 31 U.S.C. § 774, a CG’s 

surviving spouse or dependent child may become entitled to a survivor annuity if the CG dies in office or while receiving an annuity 

and if other conditions are met. Section 706(c) of the bill amends 

§ 774 to treat a surviving domestic partner the same as a surviving 

spouse. Also, the child of a domestic partner might qualify for a 

survivor annuity under § 774 under the same conditions as a stepchild, because, as noted above, section 706(a) of the bill would 

amend the definition of ‘‘dependent child’’ in 31 U.S.C. § 771 so that 

the child of a domestic partner would come within that definition 

under the same conditions as a stepchild. 

Subsection (d)—Refunds. Under various circumstances, such as if 

a CG leaves office without having served over 10 years or meeting 

other conditions for receiving an annuity, 31 U.S.C. § 775 provides 

for a lump-sum refund to the CG of the amounts contributed towards the annuity by the CG or by deductions from the CG’s pay, 

plus interest. In situations where the CG has died before the refund is made, § 775 also provides the order of precedence for who 

is entitled to receive it. Under this order of precedence, a surviving 


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spouse is first in line, and, if there is none, the children are second. 

Section 706(d) of the bill amends § 775 so that a surviving domestic 

partner has the same rights as a surviving spouse under the order 

of precedence. (The term ‘‘child’’ is not defined for purposes of § 775, 

and the bill makes no amendment with respect to the meaning of 

that term.) 

Subsection (e)—Payment of survivor benefits. 31 U.S.C. § 776 provides that the annuity rights of a CG’s surviving spouse terminate 

if the individual remarries before age 55, and provide that the annuity rights of a dependent child terminate if the individual marries. Section 706(e) of the bill amends these provisions to likewise 

terminate the rights of a surviving spouse who enters into a domestic partnership before age 55, of a surviving partner who enters 

into a subsequent domestic partnership or marries before age 55, 

or of a dependent child who enters into domestic partnership. Section 706(e) of the bill further amends 31 U.S.C. § 776 to require 

that, if a domestic partner dies and a dependent child survives, the 

annuity of the dependent child is to be recomputed under the same 

terms as are now required under § 776 if a surviving spouse dies 

and a dependent child survives. (Also, the child of a domestic partner might qualify for a survivor benefit as a dependent child, because, as noted above, section 706(a) of the bill amends the definition of ‘‘dependent child’’ in 31 U.S.C. § 771 so that the child of a 

domestic partner comes within that definition under the same conditions as a stepchild.) 

Subsection (f)—Annuity increases. 31 U.S.C. § 777 establishes the 

rules for increasing the amounts of annuities, and section 706(f) of 

the bill amends this provision so that a surviving domestic partner’s annuity will increase under the same terms as a surviving 

spouse’s annuity. 

TITLE VII—ETHICS IN GOVERNMENT, CONFLICTS OF INTEREST, EMPLOYMENT OF RELATIVES, GIFTS AND EMPLOYEE CONDUCT 

Sec. 801. Ethics in Government Act of 1978 

The Ethics in Government Act of 1978 (EGA) (5 U.S.C. app.) establishes financial disclosure requirements for high-level officials 

and employees in all three branches of the federal government and 

imposes limits on the amount of outside income that certain officials and employees are permitted to earn. Section 801 of the bill 

makes several amendments to the EGA, described below. 

Subsection (a)—Contents of Reports. Section 102 of the EGA, 

which prescribes the contents of financial disclosure reports, mandates the reporting of certain financial information about the individual’s spouse. Section 801(a) of the bill amends section 102 of the 

EGA to require covered government officials and employees who 

are in domestic partnerships to disclose the same information 

about their domestic partners. Section 102 of the EGA does not require the disclosure of transactions between the reporting individual and the individual’s spouse, and the amendments to section 

102 likewise do not require disclosure of transactions between the 

reporting individual and the reporting individual’s domestic partner. 


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Moreover, section 102 of the EGA generally requires the disclosure of gifts, but excludes disclosure of gifts from certain relatives, 

as that term is defined in section 109(16) of the EGA. The amendments to section 102 would likewise exempt from disclosure any 

gifts from domestic partners or from parents, children, and siblings 

of domestic partners. 

Subsection (b)—Definitions Relating to Financial Disclosure. Subsection 801(b) of the bill makes several amendments to the definition of ‘‘dependent child’’ in section 109 of the EGA. Section 109 of 

the EGA currently defines the term to include a stepson or stepdaughter. The amendments add to the definition a son or daughter 

of the reporting individual’s domestic partner. Also, the existing 

definition excludes any child who is married, unless the child is actually a dependent, and the amendments made by the bill likewise 

exclude any child who is in a domestic partnership and is not actually dependent. Finally, the existing definition provides that a 

child’s dependency is determined by reference to section 152 of the 

Internal Revenue Code (IRC). Under the amendments, whether a 

domestic partner’s child is a dependent is determined under section 

152 the IRC, but disregarding the requirement there that dependents must be relatives. 

Subsection (c)—Outside Earned Income Limitation. Section 501(c) 

of the EGA generally forbids certain federal officers and employees 

from receiving honoraria. However, it is permissible for an honorarium up to $2000 to be paid to a charitable organization, provided no financial benefit from the organization is derived by the 

officer or employee or by any of several kinds of relatives, including 

a spouse or a dependent relative of the officer or employee. Section 

801(c) of the bill amends section 501(c) of the EGA to likewise forbid the payment of an honorarium to a charitable organization if 

a financial benefit from the organization is derived by the domestic 

partner of the officer or employee or by an individual who is the 

domestic partner’s child, sibling, or parent and is a dependent of 

the officer or employee. 

Subsection (d)—Definitions Relating to Outside Earned Income 

and Employment. For purposes of the ban on receiving an honorarium mentioned in the preceding discussion, section 505 of the 

EGA contains a definition of the term ‘‘honorarium’’, but excludes 

from that definition travel expenses incurred by the officer or employee or by one relative, including the spouse or a relative of the 

spouse. Section 801(d) of the bill amends section 505 to allow the 

domestic partner of the officer or employee or a parent, child, or 

sibling of the domestic partner to count as the one relative whose 

travel expenses are excluded from the honorarium ban. 

Sec. 802. Conflicts in interest 

Section 802 of the bill makes amendments to various provisions 

in the criminal conflict-of-interest statutes to treat employees with 

domestic partners the same as married employees. 

Subsection (a)—Compensation to Members of Congress, Officers, 

and Others in Matters Affecting the Government. Under 18 U.S.C. 

§ 203, it is a crime for a federal officer or employee to provide representational services for compensation in a case where the United 

States is a party or has a substantial interest. However, there is 

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diate family member including a spouse. Section 802(a) of the bill 

amends § 203(d) to likewise provide an exception for representing 

one’s domestic partner. 

Subsection (b)—Activities of Officers and Employees in Claims 

Against and Other Matters Affecting the Government. Under 18 

U.S.C. § 205, it is generally a crime for a federal officer or employee 

to act as an agent or attorney (with or without compensation) to 

prosecute a claim against the United States or to receive payment 

for assisting on the claim. However, there is generally an exception 

under § 205(e) for representing one’s immediate family members, 

including a spouse. Section 802(b) of the bill amends § 203(d) to 

likewise provide an exception for representing one’s domestic partner. 

Subsection (c)—Acts Affecting a Personal Financial Interest. 18 

U.S.C. § 208 generally makes it a crime to participate personally as 

an executive-branch officer or employee in a determination affecting the financial interest of the officer or employee or his or her 

spouse, minor child, or an organization with which he or she has 

a close connection. Section 802(c) amends § 208 to likewise make it 

a crime to participate in such a determination affecting the financial interest of one’s domestic partner. 

Sec. 803. Employment of relatives, restrictions 

5 U.S.C. § 3110 establishes restrictions on the hiring of relatives 

applicable in all three branches of government and the government 

of the District of Columbia, forbidding both a public official to hire 

a relative and a relative to be hired by a public official. Section 803 

of the bill amends § 3110 to impose those prohibitions on a public 

official and the official’s domestic partner or the parents, siblings 

or children of the partner. 

Sec. 804. Receipt and disposition of foreign gifts and decoration 

5 U.S.C. § 7342 generally forbids the receipt by federal employees 

of gifts and decorations from foreign governments except with the 

consent of Congress, and the section defines ‘‘employee’’ to include 

an employee’s spouse. Section 804 of the bill would amend § 7342 

to likewise include within the definition of ‘‘employee’’ the employee’s domestic partner. 

Sec. 805. Regulations of conduct, gifts 

5 U.S.C. §§ 7301, 7351, and 7353 authorize regulations to govern 

executive branch employees’ conduct generally, and to ban giving 

gifts to supervisors, receiving gifts from subordinates, and receiving 

gifts from people having business before an employee’s agency. 

Under authority of these three Code sections, the Office of Government Ethics (OGE) promulgates the Standards of Ethical Conduct 

for Employees of the Executive Branch (5 C.F.R. Part 2635). The 

gift rules under the Standards include several restrictions involving gifts to and from employees’ spouses. 

For example, just as an employee may not receive a gift from 

someone doing business before the employee’s agency or from a 

subordinate, the employee may not acquiesce in the receipt of a gift 

from such a source by the employee’s spouse. See 5 C.F.R. 

§§ 2635.203(f)(1), 2635.303(b)(1). The standards also specify that an 

appearance of loss of impartiality may arise when an employee’s 


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1Different time periods apply for the Senate’s pay-as-you-go rules. CBO estimates that enacting S. 1102 would increase on-budget direct spending by $20 million over the 2010–2014 period 

and by $91 million over the 2010–2019 period. 

work may affect an entity with which the employee’s spouse is connected. See 5 C.F.R. § 2635.502(b)(1)(iii). On the other hand, as an 

exception to the gift ban, an employee may accept transportation 

and other benefits resulting solely because of the employee’s 

spouse’s business or employment activities. See 5 C.F.R. 

§ 2635.204(e)(1). 

Section 805 of the bill would direct that the Standards be revised 

so that these and other provisions that apply to married employees 

and their spouses would apply likewise to employees in domestic 

partnerships and their domestic partners. 

V. ESTIMATED COST OF LEGISLATION

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 1102—Domestic Partnership Benefits and Obligations Act of 

2009 

Summary: S. 1102 would make same-sex domestic partners of 

certain federal employees eligible to receive the same employment 

benefits as married spouses of federal employees. Those benefits include health insurance, survivor annuities, compensation for workrelated injuries and travel and relocation benefits that affect the 

federal budget, as well as other benefits that do not have an impact 

on the budget, such as life insurance and vision and dental benefits. 

CBO estimates that enacting S. 1102 would increase direct 

spending by $101 million over the 2010–2015 period and $310 million through 2020.1 We estimate that enacting the bill would not 

have any direct impact on federal revenues. Over the same period, 

CBO estimates that discretionary spending would also increase, by 

$394 million, assuming appropriation of the necessary funds. Providing additional health insurance benefits through the Federal 

Employees Health Benefits (FEHB) program would account for the 

largest increase in both mandatory and discretionary spending— 

$294 million and $355 million, respectively. 

Some of the costs of S. 1102 would derive from providing health 

benefits to the domestic partners of active workers of the U.S. Postal Service (USPS); cash flows of the USPS are classified as ‘‘offbudget.’’ CBO’s estimate of direct spending includes such off-budget 

costs totaling $197 million between 2011 and 2020. 

Pay-as-you-go procedures apply because enacting the legislation 

would affect direct spending. (Under the Statutory Pay-As-You-Go 

Act of 2010, only the on-budget effects are subject to those procedures.) 

S. 1102 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1102 is shown in the following table. The costs 

of this legislation fall within budget functions 550 (health) and 600 

(income security). 


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By fiscal year in millions of dollars— 

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010– 

2015 

2010– 

2020 

CHANGES IN DIRECT SPENDING 

Federal Employees Health Benefits 

(FEHB) Program: 

On-Budget (non-postal) ............. 0 1 3 4 6 8 10 12 15 18 21 21 97 

Off-Budget (postal) .................... 0 9 13 15 16 18 20 22 25 28 30 71 197 

Federal Employment Compensation 

Act (FECA) Benefits .................... 0 2 3 3 3 4 4 4 4 4 4 15 35 

Survivor Annuities ........................... 0 0 ¥1 ¥1 ¥2 ¥2 ¥2 ¥2 ¥3 ¥3 ¥3 ¥6 ¥19 

Total Changes ............................ 0 11 18 21 24 28 32 36 41 46 52 101 310 

On-Budget .............................. 0 2 5 6 7 10 12 14 16 19 22 30 113 

Off-Budget ............................. 0 9 13 15 16 18 20 22 25 28 30 71 197 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

FEHB Program Costs for Active 

Employees: 

Estimated Authorization Level ... 0 19 28 30 32 34 37 39 42 45 48 144 355 

Estimated Outlays ...................... 0 19 28 30 32 34 37 39 42 45 48 144 355 

FECA Agency Costs: 

Estimated Authorization Level ... 0 2 3 3 3 4 4 4 4 4 4 15 35 

Estimated Outlays ...................... 0 1 2 3 3 4 4 4 4 4 4 13 33 

Travel and Relocation Benefits: 

Estimated Authorization Level ... 0 1 1 1 1 1 1 1 1 1 1 3 6 

Estimated Outlays ...................... 0 1 1 1 1 1 1 1 1 1 1 3 6 

Total Changes: 

Estimated Authorization Level 0 22 32 34 37 39 41 44 47 50 53 163 397 

Estimated Outlays .................. 0 21 31 34 36 39 41 44 47 50 53 160 394 

Basis of estimate: For this estimate, CBO assumes that S. 1102 

will be enacted late in calendar year 2010 and that the necessary 

amounts will be appropriated for each year. CBO assumes that 

about 0.33 percent of federal employees would choose to register a 

same-sex domestic partnership if given the opportunity. That figure 

is based on information previously gathered from state and local 

governments as well as more recent research on the experience of 

organizations that have adopted similar policies. CBO estimates 

that approximately 80 percent of individuals eligible under the proposal would move from single to family health coverage and that 

85 percent would elect a survivor benefit for a domestic partner. S. 

1102 applies to eligible current federal employees, other than members of the armed services. 

Direct spending 

Federal Employees Health Benefits Program. S. 1102 would extend eligibility for health benefits to the same-sex domestic partners of future federal retirees. Unlike premiums for current workers, the government’s share of health care premiums for retirees is 

classified as direct spending. For each year over the 2011–2020 period, CBO projects that approximately 200 additional family coverage policies would be added to the FEHB program by future nonPostal Service retirees choosing to cover same-sex domestic partners. As a result, direct spending would increase by $97 million 

from 2011 to 2020. 

Postal Service employees also would be eligible for same-sex domestic partner coverage under S. 1102. CBO estimates that providing health benefits to the domestic partners of active postal 

workers would result in about 2,000 Postal Service employees movVerDate Mar 15 2010 20:52 Dec 30, 2010 Jkt 062622 PO 00000 Frm 00059 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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ing from individual to family coverage plans. Additionally, CBO anticipates that approximately 100 future retirees from the Postal 

Service would move to family coverage for their same-sex domestic 

partners. 

The cash flows of the Postal Service are classified as off-budget, 

although the total federal budget records the agency’s net spending 

(gross outlays less offsetting collections). CBO estimates that extending FEHB benefits to the same-sex domestic partners of Postal 

Service workers would increase off-budget costs by $197 million 

through 2020. 

Federal Employment Compensation Act (FECA) Benefits. FECA 

provides compensation to federal civilian employees for disability 

due to personal injury sustained while in the performance of duty. 

Married workers currently receive slightly higher FECA benefits 

for wage replacement than do single workers. Additionally, if an 

employee dies of an employment-related injury or disease, his or 

her spouse receives a death benefit. CBO projects that S. 1102, if 

enacted, would extend additional FECA benefits to roughly 1,000 

federal employees each year. Over the 2011–2020 period, those additional benefits would total $35 million. 

Survivor Annuities. Under current law, federal employees who 

are eligible to receive retirement benefits may elect to provide their 

spouses with a survivor annuity by reducing the value of their own 

retirement benefit. The required annuity reductions and survivor 

benefit levels vary between the Federal Employees’ Retirement 

System (FERS) and the Civil Service Retirement System; a federal 

employee who elects survivor benefits reduces his retirement annuity between 5 percent and 10 percent in order to provide a survivor 

benefit ranging from 25 percent to 55 percent of the employee’s annuity. 

Under S. 1102, eligible federal employees with a registered samesex domestic partner would become eligible for a survivor benefit 

for their partner at retirement, following the same rules and regulations as for married spouses. CBO estimates that 85 percent of 

federal employees who register a domestic partner would elect survivor benefits if given the opportunity. On that basis, CBO projects 

that an average of 1,500 new federal retirees per year (through 

2020) would add survivor benefits for their domestic partners. Accordingly, those individuals would collect smaller retirement annuities, thereby lowering direct spending. A portion of those savings 

would be offset by payments of survivor benefits to surviving partners as some retirees die over the next 10 years. However, in the 

near term, the estimated annuity reductions outweigh the additional survivor benefits. On net, CBO estimates that direct spending would decrease by $19 million over the 2011–2020 period. 

Spending subject to appropriation 

In total, CBO estimates that implementing S. 1102 would increase discretionary spending by $394 million over the 2011–2020 

period, assuming the appropriation of the necessary amounts. 

FEHB Program Costs for Active Federal Employees. S. 1102 

would allow federal employees to add same-sex domestic partners 

to their health insurance policies. Federal agencies pay about 70 

percent of health-care premiums for active employees; thus, as premiums rise, so do agency contributions. In 2011, family coverage 


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policies for active workers are projected to cost the federal government approximately $6,000 more than individual coverage policies. 

CBO estimates that providing additional family coverage policies to 

approximately 4,000 non-Postal Service employees who would elect 

coverage for same-sex domestic partners would increase agency 

spending subject to appropriation by $355 million over the 2011– 

2020 period, assuming the appropriation of the necessary funds. 

FECA Agency Costs. As discussed under the direct spending section, this bill would result in increased spending for federal workers’ compensation. The additional benefits that would be paid to 

workers are considered mandatory spending. However, employing 

agencies reimburse the Department of Labor for the provision of 

those benefits using funds from their discretionary appropriations. 

CBO estimates that enacting S. 1102 thus would increase the need 

for appropriations to agencies’ salaries and expense accounts, with 

increased outlays totaling $33 million through 2020. 

Travel and Relocation Benefits. S. 1102 would provide the same 

benefits to same-sex domestic partners as to married spouses for 

travel and relocation expenses. In general, such benefits include 

the transport of household goods, reimbursement for taxes incurred 

during relocation, and expenses incurred during a real estate transaction (such as closing costs or purchase assistance). CBO estimates that including domestic partners in travel and relocation 

benefits would total about $6 million over the 2011–2020 period. 

Pay-as-you-go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in on-budget outlays that are subject to those pay-as-yougo procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1102, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS ON DECEMBER 16, 

2009 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010– 

2015 

2010– 

2020 

NET INCREASE OR DECREASE (¥) IN THE ON-BUDGET DEFICIT 

Statutory Pay-As-You-Go Impact .... 0 2 5 6 7 10 12 14 16 19 22 30 113 

Intergovernmental and private-sector impact: S. 1102 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no cost on state, local, or tribal governments. 

Previous CBO estimate: On December 17, 2009, CBO transmitted a cost estimate for H.R. 2517, the Domestic Partnership 

Benefits and Obligations Act of 2009, as ordered reported by the 

House Committee on Oversight and Government Reform on November 18, 2009. That bill would provide the same benefits to domestic partners of eligible federal employees as S. 1102, but would 

extend those benefits to the domestic partners of eligible current 

federal retirees in addition to current employees. As a result, H.R. 

2517 would have higher direct spending costs than S. 1102: about 

$600 million over 10 years, as compared to $310 million for 10 

years under the Senate bill. 


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* As amended by bill section 702(b). 

Estimate prepared by: Federal Spending: Retirement—Amber G. 

Marcellino, FEHB—Kirstin Nelson, FECA—Christina Hawley Anthony; Impact on State, local, and tribal governments: Elizabeth 

Cove Delisle; Impact on the private sector: Paige Piper/Bach. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

VI. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill. The Congressional Budget Office 

(CBO) states that there are no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act and no 

costs on State, local, or tribal governments. The legislation contains 

no other regulatory impact. 

VII. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the following changes in existing law made by 

the bill, as reported, are shown as follows: (existing law proposed 

to be omitted is enclosed in black brackets, new matter is printed 

in italic, existing law in which no change is proposed is shown in 

roman): 

THE CODE OF LAWS OF THE UNITED STATES 

OF AMERICA 

* * * * * * * 

TITLE 2—THE CONGRESS 

* * * * * * * 

CHAPTER 24—CONGRESSIONAL ACCOUNTABILITY 

* * * * * * * 

Subchapter II—Extension of Rights and Protections 

* * * * * * * 

PART A—EMPLOYMENT DISCRIMINATION, FAMILY AND 

MEDICAL LEAVE, FAIR LABOR STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION 

* * * * * * * 

§ 1312. Rights and protections under Family and Medical 

Leave Act of 1993 *

(a) * * * 

* * * * * * * 


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*As amended by bill section 801(b)(2)(B)(i). 

(f) COVERAGE OF EMPLOYEES WITH DOMESTIC PARTNERS.— (1) DEFINITION OF DOMESTIC PARTNER.—In this subsection, 

the term ‘‘domestic partner’’ has the meaning given under section 2501 of title 5, United States Code. 

(2) APPLICATION TO COVERED EMPLOYEES.—In the case of a 

covered employee who has a domestic partner— 

(A) for purposes of the application described in subsection 

(a)(1)— 

(i) the term ‘‘domestic partner’’ shall be deemed inserted after ‘‘spouse’’ each place it appears in sections 

102 through 105 of the Family and Medical Leave Act 

of 1993; and 

(ii) a child of the domestic partner of a covered employee, which child meets the conditions of subparagraphs (A) and (B) of section 101(12) of that Act, shall 

be deemed to be included in the term ‘‘son or daughter’’ 

as defined in that section 101(12); and 

(B) if the covered employee and the domestic partner of 

the covered employee are employed by the same employing 

office, the limit on the aggregate number of workweeks of 

leave to which both may be entitled, as stated in section 

102(f) of the Family and Medical Leave Act of 1993, shall 

apply. 

(3) APPLICATION TO EMPLOYEES OF THE GOVERNMENT AC- COUNTABILITY OFFICE.—In the case of an employee of the Government Accountability Office who has a domestic partner— 

(A) the term ‘‘domestic partner’’ shall be deemed inserted 

after ‘‘spouse’’ each place it appears in sections 102 through 

105 of the Family and Medical Leave Act of 1993; 

(B) a child of the domestic partner of the employee, which 

child meets the conditions of subparagraphs (A) and (B) of 

section 101(12) of that Act, shall be deemed to be included 

in the term ‘‘son or daughter’’ as defined in that section 

101(12); and 

(C) in any case in which the employee and the domestic 

partner of the employee are both employed by the Government Accountability Office or are both employed by the Library of Congress, the limit on the aggregate number of 

workweeks of leave to which both may be entitled, as stated 

in section 102(f) of the Family and Medical Leave Act of 

1993, shall apply. 

* * * * * * * 

CHAPTER 26—DISCLOSURE OF LOBBYING ACTIVITIES 

* * * * * * * 

§ 1602. Definitions *

As used in this chapter: 

(1) * * * 

* * * * * * * 

(4) COVERED LEGISLATIVE BRANCH OFFICIAL.—The term ‘‘covered legislative branch official’’ means— 


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* As amended by bill section 702(c). 

(A) * * * 

* * * * * * * 

(D) any other legislative branch employee serving in a 

position described under øsection 109(13)¿ section 109(14) 

of the Ethics in Government Act of 1978 (5 U.S.C. App.) 

* * * * * * * 

TITLE 3—THE PRESIDENT 

* * * * * * * 

CHAPTER 5—EXTENSION OF CERTAIN RIGHTS AND 

PROTECTIONS TO PRESIDENTIAL OFFICES 

* * * * * * * 

Subchapter II—Extension of Rights and Protections 

PART A—EMPLOYMENT DISCRIMINATION, FAMILY AND 

MEDICAL LEAVE, FAIR LABOR STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION 

* * * * * * * 

§ 412. Rights and protections under the Family and Medical 

Leave Act of 1993 *

(a) * * * 

* * * * * * * 

(e) COVERAGE OF EMPLOYEES WITH DOMESTIC PARTNERS.— (1) DEFINITION OF DOMESTIC PARTNER.—In this subsection, 

the term ‘‘domestic partner’’ has the meaning given under section 2501 of title 5. 

(2) APPLICATION TO COVERED EMPLOYEES.—In the case of a 

covered employee who has a domestic partner— 

(A) for purposes of the application described in subsection 

(a)(1)— 

(i) the term ‘‘domestic partner’’ shall be deemed inserted after ‘‘spouse’’ each place it appears in sections 

102 through 105 of the Family and Medical Leave Act 

of 1993; and 

(ii) a child of the domestic partner of a covered employee, which child meets the conditions of subparagraphs (A) and (B) of section 101(12) of that Act, shall 

be deemed to be included in the term ‘son or daughter’ 

as defined in that section 101(12); and 

(B) if the covered employee and the domestic partner of 

the covered employee are employed by the same employing 

office, the limit on the aggregate number of workweeks of 

leave to which both may be entitled, as stated in section 


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† As added by bill section 101(a). 

‡ As added by bill section 101(a). 

102(f) of the Family and Medical Leave Act of 1993, shall 

apply. 

* * * * * * * 

TITLE 5—GOVERNMENT ORGANIZATION AND 

EMPLOYEES 

* * * * * * * 

PART III—EMPLOYEES 

Subpart A—General Provisions 

Chap. Sec. 

21. Definitions .................................................................................. 2101 

23. Merit System Principles ............................................................ 2301 

25. Federal Employees in Domestic Partnerships .......................... 2501 

* * * * * * * 

CHAPTER 25—FEDERAL EMPLOYEES IN DOMESTIC 

PARTNERSHIPS†

‘‘Sec. 

‘‘2501. Definitions. 

‘‘2502. Establishment and termination of domestic partnerships 

§ 2501. Definitions ‡

In this chapter— 

(1) the term ‘‘annuitant’’ means— 

(A) an annuitant as defined under section 8331 or 8401; 

and 

(B) as determined under regulations prescribed by the 

President or a designee thereof, any other individual who 

is entitled to benefits (based on the service of such individual) under a retirement system for employees of the Government; 

(2) the term ‘‘Director’’ means the Director of the Office of Personnel Management; 

(3) the term ‘‘domestic partner’’ means either of the individuals in a domestic partnership; 

(4) the term ‘‘domestic partnership’’ means a relationship between 2 individuals of the same sex, at least 1 of whom is an 

employee, former employee, or annuitant, that has been established under section 2502(a) and not dissolved under section 

2502(b); and 

(5) the term ‘‘employee’’ means— 

(A) an employee as defined under section 2105, including 

an employee referred to in subsection (c) or (e) of that section; 

(B) a Member of Congress; 

(C) the President; or 

(D) any other individual who is employed by the Government and is included within this definition under regulations prescribed by the President or a designee of the President. 


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* As added by bill section 101(a). 

§ 2502. Establishment and termination of domestic partnerships *

(a) ESTABLISHMENT OF DOMESTIC PARTNERSHIP.— 

(1) An employee, former employee, or annuitant and another 

individual (who may also be an employee, former employee, or 

annuitant) may establish a domestic partnership as provided in 

this section for the purposes of the provisions of law to which 

this chapter applies. 

(2) To establish a domestic partnership, the 2 individuals referred to in paragraph (1) shall jointly execute, and the employee, former employee, or annuitant shall file, an application 

accompanied by an affidavit, the application and affidavit 

being in such form and filed in such manner as the Director 

shall by regulation prescribe. 

(3) By the affidavit referred to in paragraph (2), each of the 

individuals shall attest to the following: 

(A)(i) The individuals are of the same sex; and 

(ii) the individual who files the application and affidavit 

is an employee, former employee, or annuitant. 

(B)(i) The individuals are in a committed domestic-partnership relationship with each other satisfying the conditions in clauses (ii), (iii), and (iv) and intend to remain so 

indefinitely. 

(ii) The individuals have a common residence and intend 

to continue to do so (or would have a common residence, 

but are prevented from doing so because of an assignment 

abroad or other employment-related, financial, or other reasons identified in the affidavit). 

(iii) The individuals share responsibility for a significant 

measure of each other’s welfare and financial obligations. 

(iv) Neither individual is married to or in a domestic 

partnership with anyone except each other. 

(C) Each individual is at least 18 years of age and mentally competent to consent to a contract. 

(D) The individuals are not related to each other by blood 

in a way that would prohibit legal marriage between individuals otherwise eligible to marry in the jurisdiction (or, 

if applicable, in any jurisdiction) in which the individuals 

have a common residence. 

(E) Each of the individuals understands that— 

(i) as a domestic partner, each individual not only 

gains certain benefits, but also assumes certain obligations, as set forth in the provision of law to which this 

chapter applies, the violation of which may lead to disciplinary action against an employee and to criminal 

and other penalties; 

(ii) either or both of the domestic partners are required to file notification under subsection (b)(2) dissolving the domestic partnership within 30 days after 

any condition under clause (ii), (iii), or (iv) of subparagraph (B) ceases to be satisfied, and, if 1 domestic 

partner dies, the other is required to file a notification 


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under subsection (b)(3) within 30 days after the death; 

and 

(iii) willful falsification of information in the affidavit, or willful failure to file notification as required 

under subsection (b)(2) or (3), may lead to recovery of 

amounts obtained as a result of such falsification or 

failure, disciplinary action against an employee, and 

criminal or other penalties. 

(b) TERMINATION OF DOMESTIC PARTNERSHIP.— (1) A domestic partnership is terminated upon— 

(A) the death of either domestic partner; 

(B) the filing of a notification under paragraph (2) by either or both domestic partners; or 

(C) the satisfaction of such other conditions as the Director may by regulation prescribe. 

(2)(A) If any condition referred to under clause (ii), (iii), or 

(iv) of subsection (a)(3)(B) ceases to be satisfied, either or both 

of the domestic partners shall, within 30 days after the condition ceases to be satisfied, execute and file a notification, in 

such form and in such manner as prescribed by the Director in 

regulation, stating that the condition is no longer satisfied and 

that the domestic partnership is terminated. 

(B) Each domestic partner has a duty that the notification 

under subparagraph (A) be timely filed, but the duty of 1 domestic partner shall be satisfied if the other domestic partner 

timely executes and files the required notification. 

(C) The Director shall promulgate regulations establishing 

the criteria for determining when any condition referred to 

under clause (ii), (iii), or (iv) of subsection (a)(2)(B) ceases to be 

satisfied. 

(3) When one domestic partner dies, the other domestic partner shall, within 30 days after the death, execute and file a notification of the death, in such form and in such manner as prescribed by the Director in regulation. 

(c) EFFECTIVENESS OF APPLICATION.— (1) An application shall not be effective for purposes of this 

section unless the filing individual is an employee, former employee, or annuitant as of the time of the filing. 

(2) No individual shall, for purposes of the provisions of law 

to which this chapter applies, be treated as being in a domestic 

partnership unless there is in effect, in accordance with regulations prescribed by the Director, an application filed in accordance with this section. 

(3) An application so filed shall remain in effect until the earlier of— 

(A) the death of either individual; or 

(B) the date as of which the domestic partnership is otherwise terminated, as determined under such regulations. 

(d) ADDITIONAL NOTIFICATIONS TO EMPLOYING AGENCIES.—A domestic partner employed by an entity of the United States shall provide such notifications to the employing entity of the formation, existence, or termination of the domestic partnership, in addition to 

the filings required under subsections (a) and (b), as may be required, and in such form and in such manner as prescribed, by the 

Director in regulation. 


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* As amended by bill section 803. 

(e) MEMBERS OF THE ARMED FORCES NOT ELIGIBLE.—Notwithstanding any provision of the Uniformed Services Employment and 

Reemployment Rights Act of 1994 (38 U.S.C. 4301 et seq.), a member of the Armed Forces or of the Reserve Officers’ Training Corps 

may not be either of the individuals who establish a domestic partnership under this section. 

(f) APPLICABILITY.—This section applies for purposes of the provisions of this title (excluding chapter 81). 

(g) REGULATIONS.—The Director shall issue regulations to carry 

out this section. 

* * * * * * * 

Subpart B—Employment and Retention 

CHAPTER 31—AUTHORITY FOR EMPLOYMENT 

Subchapter I—Employment Authorities 

* * * * * * * 

§ 3110. Employment of relatives; restrictions *

(a) For the purpose of this section— 

(1) * * * 

(2) ‘‘public official’’ means an officer (including the President 

and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested 

the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement in connection 

with employment in an agency; øand¿ 

(3) ‘‘relative’’ means, with respect to a public official, an individual who is related to the public official as father, mother, 

son, daughter, brother, sister, uncle, aunt, first cousin, nephew, 

niece, husband, wife, father-in-law, mother-in-law, son-in-law, 

daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half 

brother, or half sisterø.¿; and 

(4) ‘‘domestic partner’’ has the meaning given under section 

2501. 

(b) A public official may not appoint, employ, promote, advance, 

or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual 

who is a relative of the public official. An individual may not be 

appointed, employed, promoted, or advanced in or to a civilian position in an agency if such appointment, employment, promotion, or 

advancement has been advocated by a public official, serving in or 

exercising jurisdiction or control over the agency, who is a relative 

of the individual. The restrictions in this subsection shall apply also 

to a public official with respect to any individual, and to any individual with respect to a public official, if the individual is the public official’s domestic partner; is a parent, child, or sibling of the 


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* As amended by bill section 704. 

* As amended by bill section 705. 

† As amended by bill section 703(a), (c). 

public official’s domestic partner; or is the domestic partner of a 

child, parent, or sibling of the public official. 

* * * * * * * 

Subpart D—Pay and Allowances 

* * * * * * * 

CHAPTER 55—PAY ADMINISTRATION 

* * * * * * * 

Subchapter VII—Payments to Missing Employees 

* * * * * * * 

§ 5569. Benefits for captives *

(a) * * * 

* * * * * * * 

(j) The President may prescribe regulations necessary to administer this section. Such regulations shall include provisions to ensure that, in the administration of this section, a domestic partner 

(as that term is defined in section 2501) shall be afforded the same 

status as a spouse. 

* * * * * * * 

§ 5570. Compensation for disability or death*

(a) * * * 

* * * * * * * 

(h) Regulations to carry out this section shall include provisions 

to ensure that, in the administration of this section, a domestic partner (as that term is defined in section 2501) shall be afforded the 

same status as a spouse. 

* * * * * * * 

Subchapter VIII—Settlement of Accounts 

§ 5581. Definitions †

For the purpose of this subchapter— 

(1) ‘‘employee’’ means— 

(A) * * * 

(B) an individual employed by the government of the 

District of Columbia; but does not include the employee 

of— 

(i) * * * 

* * * * * * * 

(iv) the Senate within the purview of section 36a of 

title 2; øand¿ 

(2) ‘‘money due’’ means the pay and allowances due on account of the services of a deceased employee for the GovernVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00069 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

pwalker on DSKD5P82C1PROD with HEARING
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* As amended by bill section 703(b). 

† As amended by bill section 501. 

ment of the United States or the government of the District of 

Columbia. It includes, but is not limited to— 

(A) * * * 

* * * * * * * 

It does not include benefits, refunds, or interest payable under subchapter III of chapter 83 of this title applicable to the service of the 

deceased employee, or amounts the disposition of which is otherwise expressly prescribed øby Federal statute.¿ by Federal statute; 

and 

(3) ‘‘domestic partner’’ has the meaning given it by section 

2501. 

* * * * * * * 

§ 5582. Designation of beneficiary; order of precedence *

(a) * * * 

(b) In order to facilitate the settlement of the accounts of deceased employees, money due an employee at the time of his death 

shall be paid to the person or persons surviving at the date of 

death, in the following order of precedence, and the payment bars 

recovery by another person of amounts so paid: 

First, to the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency before his 

death. 

Second, if there is no designated beneficiary, to the widow or 

widower (or surviving domestic partner) of the employee. 

Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation. 

Fourth, if none of the above, to the parents of the employee or 

the survivor of them. 

Fifth, if none of the above, to the duly appointed legal representative of the estate of the employee. 

Sixth, if none of the above, to the person or persons entitled 

under the laws of the domicile of the employee at the time of his 

death. 

* * * * * * * 

CHAPTER 57—TRAVEL, TRANSPORTATION, AND 

SUBSISTENCE 

* * * * * * * 

Subchapter I—Travel and Subsistence Expenses; Mileage 

Allowances 

* * * * * * * 

§ 5706c. Reimbursement for taxes incurred on money received for travel expenses †

(a) Under regulations prescribed pursuant to section 5707 of this 

title, the head of an agency or department, or his or her designee, 

may use appropriations or other funds available to the agency for 

administrative expenses, for the reimbursement of Federal, State, 


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* As amended by bill section 502. 

† As amended by bill section 503. 

and local income taxes incurred by an employee of the agency or 

by an employee and such employee’s spouse ø(if filing jointly),¿ (if 

filing jointly) (or by an employee and such employee’s domestic partner (as that term is defined under section 2501), if joint filing is allowed and they file jointly), for any travel or transportation reimbursement made to an employee for which reimbursement or an allowance is provided. 

(b) Reimbursements under this section shall include an amount 

equal to all income taxes for which the øemployee and spouse, as 

the case may be,¿ employee and spouse (or domestic partner), as the 

case may be, would be liable due to the reimbursement for the 

taxes referred to in subsection (a). In addition, reimbursements 

under this section shall include penalties and interest, for the tax 

years 1993 and 1994 only, as a result of agencies failing to withhold the appropriate amounts for tax liabilities of employees affected by the change in the deductibility of travel expenses made 

by Public Law 102–486. 

* * * * * * * 

Subchapter II—Travel and Transportation Expenses; New 

Appointees, Student Trainees, and Transferred Employees 

§ 5721. Definitions*

For the purpose of this subchapter— 

(1) * * * 

* * * * * * * 

(6) ‘‘United States’’ means the several States, the District of 

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the territories and 

possessions of the United States, and the areas and installations in the Republic of Panama that are made available to the 

United States pursuant to the Panama Canal Treaty of 1977 

and related agreements (as described in section 3(a) of the 

Panama Canal Act of 1979); øand¿ 

(7) ‘‘Foreign Service of the United States’’ means the Foreign 

Service as constituted under the Foreign Service Act of 

1980ø.¿; and 

(8) ‘‘domestic partner’’ has the meaning given under section 

2501. 

* * * * * * * 

§ 5724a. Relocation expenses of employees transferred or reemployed †

(a) * * * 

(b)(1) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government between official stations located within 

the United States— 

(A) the expenses of transportation of the employee and the 

øemployee’s spouse¿ employee’s spouse (or domestic partner) for 


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* As amended by bill section 504. 

† As amended by bill section 505. 

travel to seek permanent residence quarters at a new official 

station; and 

* * * * * * * 

§ 5724b. Taxes on reimbursements for travel, transportation, 

and relocation expenses of employees transferred*

(a) Under regulations prescribed under section 5738 of this title 

and to the extent considered necessary and appropriate, as provided therein, appropriations or other funds available to an agency 

for administrative expenses are available for the reimbursement of 

substantially all of the Federal, State, and local income taxes incurred by an employee, or by an employee and such employee’s 

spouse ø(if filing jointly),¿ (if filing jointly) (or by an employee and 

such employee’s domestic partner (if joint filing is allowed and they 

file jointly)), for any moving or storage expenses furnished in kind, 

or for which reimbursement or an allowance is provided (but only 

to the extent of the expenses paid or incurred). Reimbursements 

under this subsection shall also include an amount equal to all income taxes for which the øemployee and spouse, as the case may 

be,¿ employee and spouse (or domestic partner), as the case may be, 

would be liable due to the reimbursement for the taxes referred to 

in the first sentence of this subsection. 

* * * * * * * 

§ 5737. Relocation expenses of an employee who is performing an extended assignment †

(a) Under regulations prescribed under section 5738 of this title, 

an agency may pay to or on behalf of an employee assigned from 

the employee’s official station to a duty station for a period of not 

less than six months and not greater than 30 months, the following 

expenses in lieu of payment of expenses authorized under subchapter I of this chapter: 

(1) * * * 

* * * * * * * 

(4) Travel and transportation expenses of the employee and 

spouse (or domestic partner) to seek new residence quarters at 

the assignment location. 

* * * * * * * 

Subpart E—Attendance and Leave 

* * * * * * * 

CHAPTER 63—LEAVE 

* * * * * * * 

Subchapter III—Voluntary Transfers of Leave 

* * * * * * * 


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* As amended by bill section 701(a). 

† As amended by bill section 701(b). 

‡ As amended by bill section 702(a)(1). 

* As amended by bill section 702(a)(2). 

§ 6333. Receipt and use of transferred leave *

(a) * * * 

* * * * * * * 

(d) Regulations to carry out this section shall include provisions 

to ensure that, in the administration of this section, a domestic partner (as that term is defined in section 2501) shall be afforded the 

same status as a spouse. 

* * * * * * * 

Subchapter IV—Voluntary Leave Bank Program 

* * * * * * * 

§ 6362. General authority †

(a) Notwithstanding any provision of subchapter I, and subject to 

the provisions of this subchapter, the Office of Personnel Management shall establish a program under which— 

(1) * * * 

* * * * * * * 

(b) The established program under this section shall include provisions to ensure that, in the administration of this section, a domestic partner (as that term is defined in section 2501) shall be afforded the same status as a spouse. 

* * * * * * * 

Subchapter V—Family and Medical Leave 

§ 6381. Definitions ‡

For the purpose of this subchapter— 

(1) * * * 

* * * * * * * 

(6) the term ‘‘son or daughter’’ means a biological, adopted, 

or foster child, a stepchild, a legal ward, or a child of a person 

standing in loco [parentis,] parentis (or a biological, adopted, or 

foster child of the domestic partner of the employee), who is— 

(A) under 18 years of age; or 

(B) 18 years of age or older and incapable of self-care because of a mental or physical disability; 

* * * * * * * 

§ 6382. Leave requirement *

(a)(1) Subject to section 6383, an employee shall be entitled to a 

total of 12 administrative workweeks of leave during any 12–month 

period for one or more of the following: 

(A) * * * 

* * * * * * * 

(C) In order to care for the øspouse,¿ spouse (or domestic 

partner), or a son, daughter, or parent, of the employee, if such 


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† As amended by bill section 702(a)(3). 

øspouse,¿ spouse (or domestic partner), son, daughter, or parent has a serious health condition. 

* * * * * * * 

(e)(1) * * * 

(2) In any case in which the necessity for leave under subparagraph (C) or (D) of subsection (a)(1) or under subsection (a)(3) is 

foreseeable based on planned medical treatment, the employee— 

(A) shall make a reasonable effort to schedule the treatment 

so as not to disrupt unduly the operations of the employing 

agency, subject to the approval of the health care provider of 

the employee or the health care provider of the son, daughter, 

øspouse,¿ spouse (or domestic partner), or parent of the employee, as appropriate; and 

* * * * * * * 

§ 6383. Certification†

(a) An employing agency may require that a request for leave 

under subparagraph (C) or (D) of section 6382(a)(1) be supported 

by certification issued by the health care provider of the employee 

or of the son, daughter, øspouse,¿ spouse (or domestic partner), or 

parent of the employee, as appropriate. The employee shall provide, 

in a timely manner, a copy of such certification to the employing 

agency. 

(b) A certification provided under subsection (a) shall be sufficient if it states— 

(1) * * * 

* * * * * * * 

(4)(A) for purposes of leave under section 6382(a)(1)(C), a 

statement that the employee is needed to care for the son, 

daughter, øspouse,¿ spouse (or domestic partner), or parent, 

and an estimate of the amount of time that such employee is 

needed to care for such son, daughter, øspouse,¿ spouse (or domestic partner), or parent; and 

(B) for purposes of leave under section 6382(a)(1)(D), a statement that the employee is unable to perform the functions of 

the position of the employee; and 

* * * * * * * 

Subpart F—Labor-Management and Employee Relations 

* * * * * * * 

CHAPTER 73—SUITABILITY, SECURITY, AND CONDUCT 

* * * * * * * 

Subchapter IV—Foreign Gifts and Decorations 

* * * * * * * 


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* As amended by bill section 804. 

† As amended by bill section 601. 

§ 7342. Receipt and disposition of foreign gifts and decorations *

(a) For the purpose of this section— 

(1) ‘‘employee’’ means— 

(A) * * * 

* * * * * * * 

(G) the spouse (or domestic partner) of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse (or domestic partner) are separated) or a dependent (within the meaning of section 152 

of the Internal Revenue Code of 1986) of such an individual, other than a spouse (or domestic partner) or dependent who is an employee under subparagraphs (A) 

through (F); 

* * * * * * * 

(5) ‘‘minimal value’’ means a retail value in the United 

States at the time of acceptance of $100 or less, except that— 

(A) * * * 

(B) regulations of an employing agency may define 

‘‘minimal value’’ for its employees to be less than the value 

established under this paragraph; øand¿ 

(6) ‘‘employing agency’’ means— 

(A) * * * 

* * * * * * * 

(D) the department, agency, office, or other entity in 

which an employee is employed, for other legislative 

branch employees and for all executive branch 

employeesø.¿; and 

(7) ‘‘domestic partner’’ has the meaning given under section 

2501. 

* * * * * * * 

Subpart G—Insurance and Annuities 

CHAPTER 81—COMPENSATION FOR WORK INJURIES 

* * * * * * * 

Subchapter I—Generally 

§ 8101. Definitions †

For the purpose of this subchapter— 

(1) * * * 

* * * * * * * 

(8) ‘‘brother’’ and ‘‘sister’’ mean one who at the time of the 

death of the employee is under 18 years of age or over that age 

and incapable of self-support, and include stepbrothers and 

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ried sisters;¿ any brother or sister who is married (or is in a 

domestic partnership); 

(9) ‘‘child’’ means one who at the time of the death of the employee is under 18 years of age or over that age and incapable 

of self-support, and includes stepchildren (or children of the 

employee’s domestic partner, if the employee was a Federal employee), adopted children, and posthumous children, but does 

not include ømarried children¿ any child who is married (or in 

a domestic partnership); 

* * * * * * * 

(19) ‘‘organ’’ means a part of the body that performs a special 

function, and for purposes of this subchapter excludes the 

brain, heart, and back; øand¿ 

(20) ‘‘United States medical officers and hospitals’’ includes 

medical officers and hospitals of the Army, Navy, Air Force, 

Department of Veterans Affairs, and United States Public 

Health Service, and any other medical officer or hospital designated as a United States medical officer or hospital by the 

Secretary of Laborø.¿; 

(21) the term ‘‘domestic partner’’ means either of the individuals in a domestic partnership; 

(22) the term ‘‘domestic partnership’’ means a relationship between 2 individuals of the same sex that meets the conditions 

of subparagraphs (A) and (B)— 

(A) except as provided in subparagraph (B), the term 

means a relationship established under section 2502 and 

not dissolved under that section; 

(B) if neither of the 2 individuals is an employee within 

the meaning of section 2501, but if at least 1 of them is a 

covered Federal employee, the term means a relationship 

established under section 2502 and not dissolved under 

that section, except that— 

(i) notwithstanding the requirement in section 

2502(a)(2)(A)(ii), each of the individuals shall attest 

that the individual who files the application and affidavit is a covered Federal employee; and 

(ii) the Secretary of Labor shall exercise the authorities of the Director under section 2502 with respect to 

the domestic partnership, and shall do so under any 

applicable regulations issued by the Director (except insofar as may be necessitated by different circumstances); 

(23) the term ‘‘Federal employee’’— 

(A) means— 

(i) an individual referred to in subparagraph (A) or 

(B) of paragraph (1) (subject to the exclusions following 

subparagraph (E) of that paragraph); or 

(ii) any other individual who is eligible for coverage 

under this subchapter based on such individual’s employment with or other service to the United States; 

and 

(B) shall not include any individual who is eligible for 

coverage under this subchapter based on the individual’s 

service performed as the employee of any employer other 

than an entity of the United States; and 


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* As amended by bill section 602. 

† As amended by bill section 603. 

(24) the term ‘‘surviving partner’’ means the domestic partner 

in a domestic partnership with the decedent at the time of his 

or her death if the decedent was a Federal employee. 

* * * * * * * 

§ 8102a. Death gratuity for injuries incurred in connection 

with employee’s service with an Armed Force *

(a) * * * 

* * * * * * * 

(d) ELIGIBLE SURVIVORS.— (1) Subject to paragraph (5), a death gratuity payable upon 

the death of a person covered by subsection (a) shall be paid 

to or for the living survivor highest on the following list: 

(A) The employee’s øsurviving spouse.¿ surviving spouse 

(or surviving partner). 

* * * * * * * 

(2) Paragraph (1)(B) applies, without regard to age or marital status, to— 

(A) * * * 

* * * * * * * 

(C) stepchildren (or children of the employee’s domestic 

partner, if the employee was a covered Federal employee) 

who were a part of the decedent’s household at the time 

of death; 

* * * * * * * 

§ 8109. Beneficiaries of awards unpaid at death; order of 

precedence †

(a) If an individual— 

(1) * * * 

* * * * * * * 

the compensation specified by the schedule that is unpaid at his 

death, whether or not accrued or due at his death, shall be paid— 

(A) * * * 

* * * * * * * 

(D) in the following order of precedence: 

(i) If there is no child, to øthe widow or widower.¿ 

the widow or widower (or the surviving partner). 

(ii) If there are both a widow or widower (or a surviving domestic partner) and a child or children, onehalf to the widow or widower (or the surviving partner) 

and one-half to the child or children. 

(iii) If there is øno widow or widower¿ no widow or 

widower (and no surviving partner), to the child or 

children. 

* * * * * * * 


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* As amended by bill section 604. 

* As amended by bill section 605. 

† As amended by bill section 606. 

§ 8110. Augmented compensation for dependents *

(a) For the purpose of this section, ‘‘dependent’’ means— 

(1) * * * 

* * * * * * * 

(3) øan unmarried child¿ a child who is unmarried (and not 

in a domestic partnership), while living with the employee or 

receiving regular contributions from the employee toward his 

support, and who is— 

(A) * * * 

(B) over 18 years of age and incapable of self-support because of a physical or mental disability; øand¿ 

(4) a parent, while wholly dependent on and supported by 

the employeeø.¿; and 

(5) a domestic partner, if— 

(A) he or she is a member of the same household as the 

employee; 

(B) he or she is receiving regular contributions from the 

employee for his or her support; or 

(C) the employee has been ordered by a court to contribute to his or her support. 

Notwithstanding paragraph (3) of this subsection, compensation 

payable for a child that would otherwise end because the child has 

reached 18 years of age shall continue if he is a student as defined 

by section 8101 of this title at the time he reaches 18 years of age 

for so long as he continues to be such a student or until øhe marries¿ he marries (or enters into a domestic partnership). 

* * * * * * * 

§ 8116. Limitations on right to receive compensation*

(a) * * * 

* * * * * * * 

(c) The liability of the United States or an instrumentality thereof under this subchapter or any extension thereof with respect to 

the injury or death of an employee is exclusive and instead of all 

other liability of the United States or the instrumentality to the 

employee, his legal representative, øspouse,¿ spouse (or domestic 

partner) dependents, next of kin, and any other person otherwise 

entitled to recover damages from the United States or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative 

or judicial proceeding under a workmen’s compensation statute or 

under a Federal tort liability statute. However, this subsection does 

not apply to a master or a member of a crew of a vessel. 

* * * * * * * 

§ 8133. Compensation in case of death†

(a) If death results from an injury sustained in the performance 

of duty, the United States shall pay a monthly compensation equal 


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to a percentage of the monthly pay of the deceased employee in accordance with the following schedule: 

(1) To øthe widow or widower,¿ the widow or widower (or the 

surviving partner), if there is no child, 50 percent. 

(2) To øthe widow or widower,¿ the widow or widower (or the 

surviving partner), if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow or widower (or the surviving partner) and 

children. 

(3) To the children, if there is øno widow or widower,¿ no 

widow or widower (and no surviving partner), 40 percent for 

one child and 15 percent additional for each additional child 

not to exceed a total of 75 percent, divided among the children 

share and share alike. 

(4) To the parents, if there is no widow, øwidower,¿ widower 

(or surviving partner), or child, as follows— 

(A) * * * 

* * * * * * * 

If there is a widow, øwidower,¿ widower (or surviving partner), 

or child, so much of the percentages are payable as, when 

added to the total percentages payable to the widow, øwidower,¿ widower (or surviving partner), and children, will not 

exceed a total of 75 percent. 

(5) To the brothers, sisters, grandparents, and grandchildren, 

if there is no widow, øwidower,¿ widower (or surviving partner), child, or dependent parent, as follows— 

(A) * * * 

* * * * * * * 

If there is a widow, øwidower,¿ widower (or surviving partner), 

child, or dependent parent, so much of the percentages are 

payable as, when added to the total percentages payable to the 

widow, øwidower,¿ widower (or surviving partner), children, 

and dependent parents, will not exceed a total of 75 percent. 

(b) The compensation payable under subsection (a) of this section 

is paid from the time of death until— 

ø(1) a widow, or widower dies or remarries before reaching 

age 55;¿ 

(1) a widow or widower dies or remarries (or enters into a domestic partnership) (or a surviving partner dies or enters into 

a subsequent domestic partnership or marries) before reaching 

age 55; 

(2) a child, a brother, a sister, or a grandchild dies, ømarries,¿ marries (or enters into a domestic partnership), or becomes 18 years of age, or if over age 18 and incapable of selfsupport becomes capable of self-support; or 

(3) a parent or grandparent dies, ømarries,¿ marries (or enters into a domestic partnership), or ceases to be dependent. 

Notwithstanding paragraph (2) of this subsection, compensation 

payable to or for a child, a brother or sister, or grandchild that 

would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he is a student 

as defined by section 8101 of this title at the time he reaches 18 

years of age for so long as he continues to be such a student or 

until he ømarries.¿ marries (or enters into a domestic partnership). 


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* As amended by bill section 607. 

* As amended by bill section 608(a). 

A widow or widower who has entitlements to benefits under this 

title derived from more than one husband or wife (or domestic partner) (or a surviving partner who has entitlements to benefits under 

this title derived from more than one domestic partner or spouse) 

shall elect one entitlement to be utilized. 

* * * * * * * 

§ 8135. Lump-sum payment *

(a) The liability of the United States for compensation to a beneficiary in the case of death or of permanent total or permanent partial disability may be discharged by a lump-sum payment equal to 

the present value of all future payments of compensation computed 

at 4 percent true discount compounded annually if— 

(1) * * * 

* * * * * * * 

The probability of the death of the beneficiary before the expiration 

of the period during which he is entitled to compensation shall be 

determined according to the most current United States Life Tables, as developed by the United States Department of Health, 

Education, and Welfare, which shall be updated from time to time, 

but the lump-sum payment to a widow or widower (or surviving 

partner) of the deceased employee may not exceed 60 months’ compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be 

disregarded. 

ø(b) On remarriage before reaching age 55 a widow or widower 

entitled to compensation under section 8133 of this title, shall be 

paid a lump sum equal to twenty-four times the monthly compensation payment (excluding compensation on account of another 

individual) to which he was entitled immediately before the remarriage.¿ 

(b) A widow or widower on remarriage (or on entry into a domestic partnership) before reaching age 55 (or a surviving partner on 

entry into a subsequent domestic partnership or on marriage before 

age 55) who is entitled to compensation under section 8133 of this 

title, shall be paid a lump sum equal to 24 times the monthly compensation payment (excluding compensation on account of another 

individual) to which that individual was entitled immediately before the remarriage (or marriage or entry into a domestic partnership). 

* * * * * * * 

Subchapter II—Employees of Nonappropriated Fund 

Instrumentalities 

* * * * * * * 

§ 8171. Compensation for work injuries; generally *

(a) * * * 

* * * * * * * 


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(e) For the purpose of this subchapter— 

(1) the term ‘‘domestic partner’’ means either of the individuals in a domestic partnership; 

(2) the term ‘‘domestic partnership’’ means a relationship between 2 individuals of the same sex that meets the conditions 

of subparagraphs (A) and (B)— 

(A) except as provided in subparagraph (B), the term 

means a relationship established under section 2502 and 

not dissolved under that section; and 

(B) if neither of the 2 individuals is an employee described in subsection (a), but if at least 1 of them is a volunteer described in subsection (a), the term means a relationship established under section 2502 and not dissolved 

under that section, except that— 

(i) the Secretary of Labor shall exercise the authorities of the Director under that section with respect to 

the domestic partnership; and 

(ii) notwithstanding the requirement in section 

2502(a)(2)(A)(ii), each of the individuals shall attest 

that the individual who files the application and affidavit is such a volunteer; 

(3) the term ‘‘surviving partner’’ means the decedent’s domestic partner at the time of his or her death; 

(4) in the Longshore and Harbor Workers’ Compensation 

Act— 

(A) section 2(14) shall apply as though— 

(i) the term ‘‘(or child of the domestic partner of an 

employee or volunteer referred to in section 8171(a) of 

title 5, United States Code)’’ were inserted after ‘‘stepchild’’; and 

(ii) the term ‘‘(or children in domestic partnerships)’’ 

were inserted after ‘‘married children’’, ‘‘(or brothers in 

domestic partnerships)’’ were inserted after ‘‘married 

brothers’’, and ‘‘(or sisters in domestic partnerships)’’ 

were inserted after ‘‘married sister’’; 

(B) in section 8(d)(1)— 

(i) subparagraphs (A), (C), and (D) shall apply as 

though the term ‘‘(or surviving partner)’’ were inserted 

after ‘‘widow or widower’’ each time it appears; and 

(ii) subparagraph (D) shall apply as though the term 

‘‘wife, husband,’’ were struck and ‘‘wife or husband (or 

domestic partner)’’ were inserted; and 

(C) in section 9— 

(i) subsection (b) shall apply as though the portion of 

the first sentence up to and including the sixth comma 

reads as follows: ‘‘If there be a widow or widower (or 

surviving partner) and no child of the deceased, to 

such widow or widower (or surviving partner) 50 per 

centum of the average wages of the deceased, during 

widowhood, or dependent widowerhood (or during the 

existence of the domestic partnership, as the case may 

be), with 2 years’ compensation in 1 sum upon remarriage (or entry into a domestic partnership) of such 

widow or widower (or entry into another domestic partnership or marriage of such surviving partner); and if 


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* As amended by bill section 608(b). 

there be a surviving child or children of the deceased, 

the additional amount of 16 2/3 per centum of such 

wages for each such child; in case of the death or remarriage (or entry into a domestic partnership) of such 

widow or widower (or entry into another domestic partnership or a marriage of such surviving partner),’’; 

(ii) subsection (c) shall apply as though the portion 

of the subsection up to and including the fourth comma 

reads as follows: ‘‘If there be 1 surviving child of the 

deceased, but no widow or widower (or surviving partner), then for the support of such child 50 per centum 

of the wages of the deceased; and if there be more than 

1 surviving child of the deceased, but no widow or dependent husband (or surviving partner),’’; 

(iii) subsection (d) shall apply as though— 

(I) the portion of the first sentence up through 

the word ‘‘children’’ reads as follows: ‘‘If there be 

no surviving wife or husband (or surviving domestic partner) or child, or if the amount payable to 

a surviving wife or husband (or surviving domestic 

partner) and to children’’; and 

(II) the second sentence reads as follows: ‘‘But in 

no case shall the aggregate amount payable under 

this subsection exceed the difference between 

662⁄3 per centum of such wages and the amount 

payable as hereinbefore provided to widow or widower (or surviving partner) and for the support of 

surviving child or children.’’; 

(iv) subsection (g) shall apply as though the term ‘‘(or 

surviving domestic partner)’’ were inserted after ‘‘surviving wife’’ each time it appears; and 

(v) section 31(b)(2)(C) shall apply as though the term 

‘‘(or domestic partner)’’ were inserted after ‘‘spouse’’. 

* * * * * * * 

§ 8173. Liability under this subchapter exclusive *

The liability of the United States or of a nonappropriated fund 

instrumentality described by section 2105(c) of this title, with respect to the disability or death resulting from injury, as defined by 

section 2(2) of the Longshore and Harbor Workers’ Compensation 

Act (33 U.S.C. 902(2)), of an employee referred to by sections 8171 

and 8172 of this title, shall be determined as provided by this subchapter. This liability is exclusive and instead of all other liability 

of the United States or the instrumentality to the employee, his 

legal representative, øspouse,¿ spouse (or domestic partner) dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the disability or death in a direct judicial proceeding, in 

a civil action, or in admiralty, or by an administrative or judicial 

proceeding under a workmen’s compensation statute or under a 

Federal tort liability statute. 

* * * * * * * 


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† As amended by bill section 201. 

* As amended by bill section 202. 

CHAPTER 83—RETIREMENT 

* * * * * * * 

Subchapter III—Civil Service Retirement 

* * * * * * * 

§ 8331. Definitions †

For the purpose of this subchapter— 

(1) * * * 

* * * * * * * 

(30) the term ‘‘air traffic controller’’ or ‘‘controller’’ means— 

(A) * * * 

(B) a civilian employee of the Department of Transportation or the Department of Defense who is the immediate 

supervisor of a person described in section 2109(1)(B); 

øand¿ 

(31) ‘‘customs and border protection officer’’ means an employee in the Department of Homeland Security (A) who holds 

a position within the GS–1895 job series (determined applying 

the criteria in effect as of September 1, 2007) or any successor 

position, and (B) whose duties include activities relating to the 

arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is 

transferred directly to a supervisory or administrative position 

in the Department of Homeland Security after performing such 

duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years 

ø.¿; 

(32) ‘‘domestic partner’’ and ‘‘domestic partnership’’ have the 

meanings given under section 2501; 

(33) ‘‘Federal employee’’’ means an elected official of the 

United States or an employee of any entity of the United States; 

and 

(34) ‘‘former domestic partner’’ means a former domestic partner of an individual— 

(A) if such individual performed at least 18 months of civilian service as a Federal employee; and 

(B) if the former domestic partner was in a domestic 

partnership with such individual for at least 9 months. 

§ 8332. Creditable service *

(a) * * * 

* * * * * * * 

(c)(1) * * * 

* * * * * * * 

(3)(A) * * * 

* * * * * * * 


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* As amended by bill section 203. 

(C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under 

which— 

(i) * * * 

(ii) this paragraph shall be carried out in any case which involves a øformer spouse.¿ former spouse (or former domestic 

partner). 

* * * * * * * 

(o)(1) * * * 

* * * * * * * 

(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations 

shall include— 

(A) * * * 

(B) provisions under which the Office may provide for— 

(i) the payment, to the øspouse¿ spouse (or domestic 

partner) or children of any individual referred to in 

the first sentence of paragraph (1), of any amounts 

which (but for this clause) would otherwise have been 

nonpayable by reason of such first sentence, subject to 

paragraph (5); and 

* * * * * * * 

(5) Regulations to carry out clause (i) of paragraph (4)(B) shall 

include provisions to ensure that the authority to make any payment to the øspouse¿ spouse (or domestic partner) or children of an 

individual under such clause shall be available only to the extent 

that the application of such clause is considered necessary and appropriate taking into account the totality of the circumstances, including the financial needs of the øspouse¿ spouse (or domestic 

partner) or children, whether the øspouse¿ spouse (or domestic 

partner) or children participated in an offense described in paragraph (2) of which such individual was finally convicted, and what 

measures, if any, may be necessary to ensure that the convicted individual does not benefit from any such payment. 

* * * * * * * 

§ 8339. Computation of annuity *

(a) * * * 

* * * * * * * 

(j)(1) The annuity computed under subsections (a)–(i), (n), (q), (r), 

and (s) (or a portion of the annuity, if jointly designated for this 

purpose by the employee or Member and the spouse (or domestic 

partner) of the employee or Member under procedures prescribed 

by the Office of Personnel Management) for an employee or Member who is married (or has a domestic partner) at the time of retiring under this subchapter is reduced as provided in paragraph (4) 

of this subsection in order to provide a survivor annuity for the 

spouse (or domestic partner) under section 8341(b) of this title, unless the employee or Member and the spouse (or domestic partner) 

jointly waive the spouse’s (or domestic partner’s) right to a survivor 


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annuity in a written election filed with the Office at the time that 

the employee or Member retires. Each such election shall be made 

in accordance with such requirements as the Office shall, by regulation, prescribe, and shall be irrevocable. The Office shall provide, 

by regulation, that an employee or Member may waive the survivor 

annuity without the spouse’s (or domestic partner’s) consent if the 

employee or Member establishes to the satisfaction of the Office— 

(A) that the spouse’s (or domestic partner’s) whereabouts 

cannot be determined, or 

(B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s (or domestic partner’s) 

consent would otherwise be inappropriate. 

(2) If an employee or Member has a former spouse (or former domestic partner) who is entitled to a survivor annuity as provided 

in section 8341(h) of this title, the annuity of the employee or Member computed under subsections (a)–(i), (n), (q), (r), and (s) (or any 

designated portion of the annuity, in the event that the former 

spouse (or former domestic partner) is entitled to less than 55 percent of the employee or Member’s annuity) is reduced as provided 

in paragraph (4) of this subsection. 

(3) An employee or Member who has a former spouse (or former 

domestic partner) may elect, under procedures prescribed by the 

Office, to have the annuity computed under subsections (a)–(i), (n), 

(q), (r), and (s) or a portion thereof reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity 

for such former spouse (or former domestic partner) under section 

8341(h) of this title, unless all rights to survivor benefits for such 

former spouse (or former domestic partner) under this subchapter 

based on marriage to (or being in a domestic partnership with) such 

employee or Member were waived under paragraph (1) of this subsection. An election under this paragraph shall be made at the time 

of retirement or, if later, within 2 years after the date on which the 

marriage of the former spouse to (or the domestic partnership of the 

former domestic partner with) the employee or Member øis dissolved,¿ is dissolved (or terminated), subject to a deposit in the 

Fund by the retired employee or Member of an amount determined 

by the Office, as nearly as may be administratively feasible, to reflect the amount by which the annuity of such employee or Member 

would have been reduced if the election had been continuously in 

effect since the date the annuity commenced, plus interest. For the 

purposes of the preceding sentence, the annual rate of interest for 

each year during which the annuity would have been reduced if the 

election had been in effect since the date the annuity commenced 

shall be 6 percent. The Office shall, by regulation, provide for payment of the deposit required under this paragraph by a reduction 

in the annuity of the employee or Member. The reduction shall, to 

the extent practicable, be designed so that the present value of the 

future reduction is actuarially equivalent to the deposit required 

under this paragraph, except that the total reductions in the annuity of an employee or Member to pay deposits required by the provisions of this paragraph, paragraph (5), or subsection (k)(2) shall 

not exceed 25 percent of the annuity computed under subsections 

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

8340. The reduction, which shall be effective on the same date as 

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fected by any future termination of the entitlement of the øformer 

spouse.¿ former spouse (or former domestic partner). Such reduction 

shall be independent of and in addition to the reduction required 

under the first sentence of this paragraph. An election under this 

paragraph— 

(A) * * * 

(B) shall not be effective, in the case of an employee or Member who øis then married,¿ is then married (or is then in a domestic partnership), unless it is made with the øspouse’s written consent.¿ the written consent of the spouse (or domestic 

partner). 

The Office shall provide by regulation that subparagraph (B) of this 

paragraph may be waived for either of the reasons set forth in the 

last sentence of paragraph (1) of this subsection. øIn the case of a 

retired employee or Member whose annuity is being reduced in 

order to provide a survivor annuity for a former spouse, an election 

to provide or increase a survivor annuity for any other former 

spouse (and to continue an appropriate reduction) may be made 

within the same period that, and subject to the same conditions 

under which, an election could be made under paragraph (5)(B) of 

this subsection for a current spouse (subject to the provisions of 

this paragraph relating to consent of a current spouse, if the retired employee or Member is then married).¿ In the case of a retired employee or Member whose annuity is being reduced in order 

to provide a survivor annuity for a former spouse (or former domestic partner), an election to provide or increase a survivor annuity for 

any other former spouse (or any other former domestic partner), and 

to continue an appropriate reduction for that purpose, may be made 

within the same period that, and subject to the same conditions 

under which, an election could be made under paragraph (5)(B) for 

a current spouse (or a current domestic partner), subject to the provisions of this paragraph relating to consent of a current spouse (or 

of a current domestic partner), if the retired employee or Member is 

then married (or in a domestic partnership). The opportunity to 

make an election under the preceding sentence is in addition to any 

opportunity otherwise afforded under this paragraph. 

* * * * * * * 

ø(5)(A) Any reduction in an annuity for the purpose of providing 

a survivor annuity for the current spouse of a retired employee or 

Member shall be terminated for each full month— 

ø(i) after the death of the spouse, or 

ø(ii) after the dissolution of the spouse’s marriage to the employee or Member, except that an appropriate reduction shall 

be made thereafter if the spouse is entitled, as a former 

spouse, to a survivor annuity under section 8341(h) of this 

title. 

ø(B) Any reduction in an annuity for the purpose of providing a 

survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse 

remarries before reaching age 55 or dies. This reduction shall be 

replaced by an appropriate reduction or reductions under paragraph (4) of this subsection if the retired employee or Member has 

(i) another former spouse who is entitled to a survivor annuity 

under section 8341(h) of this title, (ii) a current spouse to whom the 

employee or Member was married at the time of retirement and 


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with respect to whom a survivor annuity was not jointly waived 

under paragraph (1) of this subsection, or (iii) a current spouse 

whom the employee or Member married after retirement and with 

respect to whom an election has been made under subparagraph 

(C) of this paragraph or subsection (k)(2) of this section. 

ø(C)(i) Upon remarriage, a retired employee or Member who was 

married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity 

for the employee or Member’s spouse or former spouse as of the 

time of retirement) may irrevocably elect during such marriage, in 

a signed writing received by the Office within 2 years after such 

remarriage or, if later, within 2 years after the death or remarriage 

of any former spouse of such employee or Member who was entitled 

to a survivor annuity under section 8341(h) of this title (or of the 

last such surviving former spouse, if there was more than one), a 

reduction in the employee or Member’s annuity under paragraph 

(4) of this subsection for the purpose of providing an annuity for 

such employee or Member’s spouse in the event such spouse survives the employee or Member. 

ø(ii) Such election and reduction shall be effective the first day 

of the second month after the election is received by the Office, but 

not less than 9 months after the date of the remarriage, and the 

retired employee or Member shall deposit in the Fund an amount 

determined by the Office of Personnel Management, as nearly as 

may be administratively feasible, to reflect the amount by which 

the annuity of such retired employee or Member would have been 

reduced if the election had been in effect since the date of retirement or, if later, the date the previous reduction in such retired 

employee or Member’s annuity was terminated under subparagraph (A) or (B) of this paragraph, plus interest. For the purposes 

of the preceding sentence, the annual rate of interest for each year 

during which an annuity would have been reduced if the election 

had been in effect on and after the applicable date referred to in 

such sentence shall be 6 percent. 

ø(iii) The Office shall, by regulation, provide for payment of the 

deposit required under clause (ii) by a reduction in the annuity of 

the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under clause 

(ii), except that total reductions in the annuity of an employee or 

Member to pay deposits required by the provisions of this paragraph or paragraph (3) shall not exceed 25 percent of the annuity 

computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction required by this 

clause, which shall be effective on the same date as the election 

under clause (i), shall be permanent and unaffected by any future 

termination of the marriage. Such reduction shall be independent 

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

ø(iv) Notwithstanding any other provision of this subparagraph, 

an election under this subparagraph may not be made for the purpose of providing an annuity in the case of a spouse by remarriage 

if such spouse was married to the employee or Member at the time 

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

benefits for such spouse under this subchapter based on marriage 


pwalker on DSKD5P82C1PROD with HEARING
86 

to such employee or Member were then waived under paragraph 

(1) of this subsection or a similar prior provision of law. 

ø(v) An election to provide a survivor annuity to a person under 

this subparagraph— 

ø(I) shall prospectively void any election made by the employee or Member under subsection (k)(1) of this section with 

respect to such person; or 

ø(II) shall, if an election was made by the employee or Member under such subsection (k)(1) with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of 

making the election under this subparagraph. 

ø(vi) The deposit provisions of clauses (ii) and (iii) of this subparagraph shall not apply if— 

ø(I) the employee or Member makes an election under this 

subparagraph after having made an election under subsection 

(k)(1) of this section; and 

ø(II) the election under such subsection (k)(1) becomes void 

under clause (v) of this subparagraph.¿ 

(5)(A) Any reduction in an annuity for the purpose of providing 

a survivor annuity for the current spouse (or the current domestic 

partner) of a retired employee or Member shall be terminated for 

each full month— 

(i) after the death of the spouse (or domestic partner), or 

(ii) after the dissolution of the marriage of the spouse (or the 

termination of the domestic partnership of the domestic partner) 

to the employee or Member, 

except that an appropriate reduction shall be made thereafter if the 

spouse (or domestic partner) is entitled, as a former spouse (or 

former domestic partner), to a survivor annuity under section 

8341(h). 

(B) Any reduction in an annuity for the purpose of providing a 

survivor annuity for a former spouse (or a former domestic partner) 

of a retired employee or Member shall be terminated for each full 

month after the former spouse remarries (or enters into a domestic 

partnership) (or the former domestic partner enters into a subsequent domestic partnership or marries) before reaching age 55 or 

dies. This reduction shall be replaced by an appropriate reduction 

or reductions under paragraph (4) if the retired employee or Member has (i) another former spouse (or another former domestic partner) who is entitled to a survivor annuity under section 8341(h), (ii) 

a current spouse to whom the employee or Member was married (or 

a current domestic partner with whom the employee or Member was 

in a domestic partnership) at the time of retirement and with respect to whom a survivor annuity was not jointly waived under 

paragraph (1), or (iii) a current spouse whom the employee or Member married (or a current domestic partner with whom the employee 

or Member entered into domestic partnership) after retirement and 

with respect to whom an election has been made under subparagraph (C) or subsection (k)(2). 

(C)(i) Upon entry into a subsequent marriage (or domestic partnership), a retired employee or Member who was married (or in a 

domestic partnership) at the time of retirement, including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee’s or Member’s spouse or former 


pwalker on DSKD5P82C1PROD with HEARING
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spouse (or domestic partner or former domestic partner) as of the 

time of retirement, may irrevocably elect during such marriage (or 

domestic partnership), in a signed writing received by the Office— 

(I) within 2 years after such entry into a subsequent marriage 

(or domestic partnership), or 

(II) if later, within 2 years after— 

(aa) the death of or entry into a subsequent marriage (or 

domestic partnership) by any former spouse (or former domestic partner) of such employee or Member who was entitled to a survivor annuity under section 8341(h), or 

(bb) if there was more than 1, the death of or entry into 

a subsequent marriage (or domestic partnership) by the last 

such surviving former spouse (or former domestic partner), 

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

(4) for the purpose of providing an annuity for such employee’s or 

Member’s spouse (or domestic partner) in the event such spouse (or 

domestic partner) survives the employee or Member. 

(ii) Such election and reduction shall be effective the first day of 

the second month after the election is received by the Office, but not 

less than 9 months after the date of the subsequent marriage (or 

entry into the subsequent domestic partnership), and the retired employee or Member shall deposit in the Fund an amount determined 

by the Office of Personnel Management, as nearly as may be administratively feasible, to reflect the amount by which the annuity of 

such retired employee or Member would have been reduced if the 

election had been in effect since the date of retirement or, if later, 

the date the previous reduction in such retired employee’s or Member’s annuity was terminated under subparagraph (A) or (B), plus 

interest. For the purposes of the preceding sentence, the annual rate 

of interest for each year during which an annuity would have been 

reduced if the election had been in effect on and after the applicable 

date referred to in such sentence shall be 6 percent. 

(iii) The Office shall, by regulation, provide for payment of the deposit required under clause (ii) by a reduction in the annuity of the 

employee or Member. The reduction shall, to the extent practicable, 

be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under clause (ii), except 

that total reductions in the annuity of an employee or Member to 

pay deposits required by the provisions of this paragraph or paragraph (3) shall not exceed 25 percent of the annuity computed under 

subsections (a) through (i), (n), (q), and (r), including adjustments 

under section 8340. The reduction required by this clause, which 

shall be effective on the same date as the election under clause (i), 

shall be permanent and unaffected by any future dissolution of the 

marriage (or termination of the domestic partnership). Such reduction shall be independent of and in addition to the reduction required under clause (i). 

(iv) Notwithstanding any other provision of this subparagraph, 

an election under this subparagraph may not be made for the purpose of providing an annuity in the case of a spouse by remarriage 

(or a domestic partner by a subsequent domestic partnership) if 

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

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

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

benefits for such spouse (or domestic partner) under this subchapter 


pwalker on DSKD5P82C1PROD with HEARING
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based on marriage (or domestic partnership) to such employee or 

Member were then waived under paragraph (1) or a similar prior 

provision of law. 

(v) An election to provide a survivor annuity to a person under 

this subparagraph— 

(I) shall prospectively void any election made by the employee 

or Member under subsection (k)(1) with respect to such person; 

or 

(II) shall, if an election was made by the employee or Member 

under such subsection (k)(1) with respect to a different person, 

prospectively void such election if appropriate written application is made by such employee or Member at the time of making 

the election under this subparagraph. 

(vi) The deposit provisions of clauses (ii) and (iii) shall not apply 

if— 

(I) the employee or Member makes an election under this subparagraph after having made an election under subsection 

(k)(1); and 

(II) the election under subsection (k)(1) becomes void under 

clause (v). 

(k)(1) At the time of retiring under section 8336 or 8338 of this 

title, an employee or Member who is found to be in good health by 

the Office may elect a reduced annuity instead of an annuity computed under subsections (a)–(i), (n), (q), (r), and (s) and name in 

writing an individual having an insurable interest in the employee 

or Member to receive an annuity under section 8341(c) of this title 

after the death of the retired employee or Member. The annuity of 

the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named 

is younger than the retiring employee or Member. However, the 

total reduction may not exceed 40 percent. An annuity which is reduced under this paragraph or any similar prior provision of law 

shall, effective the first day of the month following the death of the 

individual named under this paragraph, be recomputed and paid as 

if the annuity had not been so reduced. In the case of øa married 

employee or Member¿ an employee or Member who is married (or 

in a domestic partnership), an election under this paragraph on behalf of the spouse (or domestic partner) may be made only if any 

right of such spouse (or domestic partner) to a survivor annuity 

based on the service of such employee or Member is waived in accordance with subsection (j)(1) of this section. 

ø(2)(A) An employee or Member, who is unmarried at the time 

of retiring under a provision of law which permits election of a reduced annuity with a survivor annuity payable to such employee 

or Member’s spouse and who later marries, may irrevocably elect, 

in a signed writing received in the Office within 2 years after such 

employee or Member marries or, if later, within 2 years after the 

death or remarriage of any former spouse of such employee or 

Member who was entitled to a survivor annuity under section 

8341(h) of this title (or of the last such surviving former spouse, if 

there was more than one), a reduction in the retired employee or 

Member’s current annuity as provided in subsection (j) of this section.¿ 

(2)(A) An employee or Member, who is unmarried (and not in a 

domestic partnership) at the time of retiring under a provision of 


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law which permits election of a reduced annuity with a survivor annuity payable to such employee’s or Member’s spouse (or domestic 

partner) and who later marries (or enters into a domestic partnership), may irrevocably elect, in a signed writing received in the Office— 

(i) within 2 years after such employee or Member marries (or 

enters into a domestic partnership), or 

(ii) if later, within 2 years after— 

(I) the death of or entry into a subsequent marriage (or 

domestic partnership) by any former spouse (or former domestic partner) of such employee or Member who was entitled to a survivor annuity under section 8341(h), or 

(II) if there was more than 1, the death of or entry into 

a subsequent marriage (or domestic partnership) by the last 

such surviving former spouse (or surviving former domestic 

partner), 

a reduction in the retired employee or Member’s current annuity as 

provided in subsection (j). 

(B)(i) The election and reduction shall take effect on the first day 

of the first month beginning after the expiration of the 9-month period beginning on the date of ømarriage.¿ marriage (or entry into 

a domestic partnership). Any such election to provide a survivor annuity for a person— 

(I) * * * 

* * * * * * * 

(ii) The retired employee or Member shall deposit in the Fund an 

amount determined by the Office of Personnel Management, as 

nearly as may be administratively feasible, to reflect the amount 

by which the retired employee or Member’s annuity would have 

been reduced under subsection (j)(4) of this section since the commencing date of the annuity, if the employee or Member had been 

married (or in a domestic partnership) at the time of retirement 

and had elected to provide a survivor annuity at that time, plus interest. For the purposes of the preceding sentence, the annual rate 

of interest for each year during which the annuity would have been 

reduced if the election had been in effect since the date of the annuity commenced shall be 6 percent. 

(C) The Office shall, by regulation, provide for payment of the deposit required under subparagraph (B)(ii) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future 

reduction is actuarially equivalent to the deposit required under 

subparagraph (B)(ii), except that total reductions in the annuity of 

an employee or Member to pay deposits required by this subsection 

or subsection (j)(3) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including 

adjustments under section 8340. The reduction required by this 

subparagraph, which shall be effective on the same date as the 

election under subparagraph (A), shall be permanent and unaffected by any future termination of the ømarriage.¿ marriage or 

domestic partnership). Such reduction shall be independent of and 

in addition to the reduction required under subparagraph (A). 

* * * * * * * 

(o)(1)(A) An employee or Member— 


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* As amended by bill section 204. 

(i) who, at the time of retirement, øis married,¿ is married 

(or is in a domestic partnership), and 

* * * * * * * 

may, during the 18-month period beginning on the date of the retirement of such employee or Member, elect to have a reduction 

under subsection (j) made in the annuity of the employee or Member (or in such portion thereof as the employee or Member may 

designate) in order to provide a survivor annuity for the spouse (or 

domestic partner) of such employee or Member. 

(B) An employee or Member— 

(i) who, at the time of retirement, øis married,¿ is married 

(or is in a domestic partnership), and 

* * * * * * * 

§ 8340. Cost-of-living adjustment of annuities*

(a) For the purpose of this section— 

(1) the term ‘‘base quarter’’, as used with respect to a year, 

means the calendar quarter ending on September 30, of such 

year; øand¿ 

(2) the price index for a base quarter is the arithmetical 

mean of such index for the 3 months comprising such 

quarterø.¿; and 

(3) the terms ‘‘widow’’, ‘‘widower’’, and ‘‘surviving partner’’ 

have the respective meanings given them under section 8341. 

* * * * * * * 

(c) Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the 

Fund as of the effective date of an increase, except as follows: 

(1) The first increase (if any) made under subsection (b) of 

this section to an annuity which is payable from the Fund to 

an employee or Member who retires, øto the widow, widower, 

or former spouse, of a deceased employee or Member, or to the 

widow, widower, former spouse, or insurable interest designee¿ 

to the widow, widower, or former spouse (or the surviving partner or former domestic partner) of a deceased employee or Member, or to the widow, widower, or former spouse (or the surviving partner or former domestic partner), or insurable interest 

designee of a deceased annuitant whose annuity has not been 

increased under this subsection or subsection (b) of this section, shall be equal to the product (adjusted to the nearest 1⁄10

of 1 percent) of— 

(A) * * * 

(B) the number of months (not to exceed 12 months, 

counting any portion of a month as a month)— 

(i) * * * 

(ii) in the case of øa widow, widower, former spouse, 

or insurable interest designee¿ a widow, widower, or 

former spouse (or surviving partner or former domestic 

partner) or insurable interest designee of a deceased 

annuitant whose annuity has not been so increased, 


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* As amended by bill section 205. 

since the annuity was first payable to the deceased annuitant. 

* * * * * * * 

§ 8341. Survivor annuities*

(a) For the purpose of this section— 

(1) * * * 

* * * * * * * 

(3) ‘‘surviving partner’’— 

(A) means the surviving domestic partner of an employee 

or Member who— 

(i) was in a domestic partnership with such employee 

or Member for at least 9 months immediately before the 

death of such employee or Member; or 

(ii) satisfies such other requirements, related to parenthood and the domestic partnership, as the Director 

of the Office of Personnel Management shall by regulation prescribe based on the definition of a widow or 

widower under paragraphs (1)(B) and (2)(B) of this 

section; and 

(B) notwithstanding subparagraph (A), includes a surviving domestic partner described under that subparagraph 

only if the employee or Member performed at least 18 

months of service as a Federal employee; 

ø(3)¿(4) ‘‘dependent’’, in the case of any child, means that the 

employee or Member involved was, at the time of the employee 

or Member’s death, either living with or contributing to the 

support of such child, as determined in accordance with such 

regulations as the Office of Personnel Management shall prescribe; and 

ø(4)¿(5) ‘‘child’’ means— 

(A) øan unmarried dependent child¿ a dependent child 

who is unmarried (and not in a domestic partnership) and 

under 18 years of age, including (i) an adopted child, and 

(ii) a stepchild but only if the stepchild lived with the employee or Member in a regular parent-child relationship, 

and (iii) a recognized natural child, and (iv) a child who 

lived with and for whom a petition of adoption was filed 

by an employee or Member, and who is adopted by the surviving spouse (or surviving domestic partner) of the employee or Member after his death, and (v) a child of the domestic partner of an employee or Member (not adopted by 

the employee or Member), but only if— 

(I) the child lived with the employee or Member 

in a regular parent-child relationship; and 

(II) the employee or Member performed at least 

18 months of service as a Federal employee; 

(B) such øunmarried dependent child¿ dependent child 

who is unmarried (and not in a domestic partnership) regardless of age who is incapable of self-support because of 

mental or physical disability incurred before age 18; or 


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(C) such øunmarried dependent child¿ dependent child 

who is unmarried (and not in a domestic partnership) between 18 and 22 years of age who is a student regularly 

pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational 

institute, junior college, college, university, or comparable 

recognized educational institution. 

* * * * * * * 

(b)(1) Except as provided in paragraph (2) of this subsection, if 

an employee or Member dies after having retired under this subchapter and is survived by a øwidow or widower¿ widow or widower (or surviving partner), the øwidow or widower¿ widow or widower (or surviving partner) is entitled to an annuity equal to 55 

percent (or 50 percent if retired before October 11, 1962) of an annuity computed under section 8339(a)–(i), (n), (p), (q), (r), and (s) 

as may apply with respect to the annuitant, or of such portion 

thereof as may have been designated for this purpose under section 

8339(j)(1) of this title, unless the right to a survivor annuity was 

waived under such section 8339(j)(1) or, in the case of øremarriage¿ 

remarriage (or entry into a subsequent domestic partnership), the 

employee or Member did not file an election under section 

8339(j)(5)(C) or section 8339(k)(2) of this title, as the case may be. 

(2) If an annuitant— 

* * * * * * * 

dies and is survived by a øwidow or widower¿ widow or widower 

(or surviving partner), the øwidow or widower¿ widow or widower 

(or surviving partner) is entitled to an annuity in an amount which 

would have been paid had the annuitant been married to (or in a 

domestic partnership with) the øwidow or widower¿ widow or widower (or surviving partner) at the time of retirement. 

(3) A spouse (or domestic partner) acquired after retirement is 

entitled to a survivor annuity under this subsection only upon 

electing this annuity instead of any other survivor benefit to which 

he may be entitled under this subchapter or another retirement 

system for Government employees. The annuity of the øwidow or 

widower¿ widow or widower (or surviving partner) under this subsection commences on the day after the annuitant dies. This annuity and the right thereto terminate on the last day of the month 

before the øwidow or widower¿ widow or widower (or surviving 

partner)— 

(A) * * * 

(B) except as provided in subsection (k), remarries (or, in the 

case of a widow or widower, enters into a domestic partnership) 

(or, in the case of a surviving partner, enters into a subsequent 

domestic partnership or marries) before becoming 55 years of 

age. 

(4) Notwithstanding the preceding provisions of this subsection, 

the annuity payable under this subsection to the øwidow or widower¿ widow or widower (or surviving partner) of a retired employee or Member may not exceed the difference between— 

(A) the amount which would otherwise be payable to such 

øwidow or widower¿ widow or widower (or surviving partner) 

under this subsection (determined without regard to any waivVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00094 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

pwalker on DSKD5P82C1PROD with HEARING
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er or designation under section 8339(j)(1) of this title or a prior 

similar provision of law), and 

(B) the amount of the survivor annuity payable to any 

former spouse (or former domestic partner) of such employee or 

Member under subsection (h) of this section. 

* * * * * * * 

(d) If an employee or Member dies after completing at least 18 

months of civilian service, his øwidow or widower¿ widow or widower (or surviving partner) is entitled to an annuity equal to 55 

percent of an annuity computed under section 8339(a)–(f), (i), (n), 

(p), (q), (r), and (s) as may apply with respect to the employee or 

Member, except that, in the computation of the annuity under such 

section, the annuity of the employee or Member shall be at least 

the smaller of— 

(1) * * * 

* * * * * * * 

Notwithstanding the preceding sentence, the annuity payable 

under this subsection to the øwidow or widower¿ widow or widower 

(or surviving partner) of an employee or Member may not exceed 

the difference between— 

(A) the amount which would otherwise be payable to such 

øwidow or widower¿ widow or widower (or surviving partner) 

under this subsection, and 

(B) the amount of the survivor annuity payable to any 

former spouse (or former domestic partner) of such employee or 

Member under subsection (h) of this section. 

The annuity of the øwidow or widower¿ widow or widower (or surviving partner) commences on the day after the employee or Member dies. This annuity and the right thereto terminate on the last 

day of the month before the øwidow or widower¿ widow or widower 

(or surviving partner)— 

(i) * * * 

(ii) except as provided in subsection (k), remarries (or, in the 

case of a widow or widower, enters into a domestic partnership) 

(or, in the case of a surviving partner enters into a subsequent 

domestic partnership) before becoming 55 years of age. 

ø(e)(1) For the purposes of this subsection, ‘‘former spouse’’ includes a former spouse who was married to an employee or Member for less than 9 months and a former spouse of an employee or 

Member who completed less than 18 months of service covered by 

this subchapter.¿ 

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

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

was married to an employee or Member for less than 9 months 

and a former spouse of an employee or Member who completed 

less than 18 months of service covered by this subchapter; and 

(B) the term ‘‘former domestic partner’’ includes a former domestic partner who was in a domestic partnership with a Federal employee or Member for less than 9 months and a former 

domestic partner of a Federal employee or Member who completed less than 18 months of service covered by this subchapter. 

(2) If an employee or Member dies after completing at least 18 

months of civilian service, or an employee or Member dies after reVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00095 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

pwalker on DSKD5P82C1PROD with HEARING
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tiring under this subchapter, and is survived by øa spouse or a 

former spouse¿ a spouse or former spouse (or a domestic partner or 

former domestic partner) who is the natural or adoptive parent of 

a surviving child of the employee or Member, that surviving child 

is entitled to an annuity equal to the smallest of— 

(A) * * * 

* * * * * * * 

subject to section 8340 of this title. If the employee or Member is 

not survived by øa spouse or a former spouse¿ a spouse or former 

spouse (or a domestic partner or former domestic partner) who is 

the natural or adoptive parent of a surviving child of the employee 

or Member, that surviving child is entitled to an annuity equal to 

the smallest of— 

(i) * * * 

* * * * * * * 

subject to section 8340 of this title. 

(3) The annuity of a child under this subchapter or under the Act 

of May 29, 1930, as amended from and after February 28, 1948, 

commences on the day after the employee or Member dies, or commences or resumes on the first day of the month in which the child 

later becomes or again becomes a student as described by subsection (a)(3) of this section, if any lump sum paid is returned to 

the Fund. This annuity and the right thereto terminate on the last 

day of the month before the child— 

(A) * * * 

* * * * * * * 

(E) ødies or marries;¿ dies or marries (or enters into a domestic partnership); 

whichever first occurs. On the death of the surviving spouse or 

former spouse (or domestic partner or former domestic partner) or 

termination of the annuity of a child, the annuity of any other child 

or children shall be recomputed and paid as though the øspouse, 

former spouse, or child¿ spouse or former spouse (or domestic partner or former domestic partner) or child, had not survived the employee or Member. 

(4) If the annuity of a child under this subchapter terminates 

under paragraph (3)(E) because of ømarriage, then, if such marriage¿ marriage, then, if such marriage (or a domestic partnership, 

then, if such domestic partnership) ends, such annuity shall resume 

on the first day of the month in which it ends, but only if— 

(A) * * * 

* * * * * * * 

ø(f) If a Member heretofore or hereafter separated from the service with title to deferred annuity from the Fund hereafter dies before having established a valid claim for annuity and is survived 

by a spouse to whom married at the date of separation, the surviving spouse— 

ø(1) is entitled to an annuity equal to 55 percent of the deferred annuity of the Member commencing on the day after the 

Member dies and terminating on the last day of the month before the surviving spouse dies or remarries; or 

ø(2) may elect to receive the lump-sum credit instead of annuity if the spouse is the individual who would be entitled to 


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the lump-sum credit and files application therefor with the Office before the award of the annuity. 

Notwithstanding the preceding sentence, an annuity payable under 

this subsection to the surviving spouse of a Member may not exceed the difference between— 

ø(A) the annuity which would otherwise be payable to such 

surviving spouse under this subsection, and 

ø(B) the amount of the survivor annuity payable to any 

former spouse of such Member under subsection (h) of this section.¿ 

(f) If a Member heretofore or hereafter separated from the service 

with title to deferred annuity from the Fund hereafter dies before 

having established a valid claim for annuity and is survived by a 

spouse to whom married (or a domestic partner to whom in a domestic partnership) at the date of separation, the surviving spouse 

(or surviving partner)— 

(1) is entitled to an annuity equal to 55 percent of the deferred annuity of the Member commencing on the day after the 

Member dies and terminating on the last day of the month before the surviving spouse dies or remarries (or enters into a domestic partnership) (or the surviving domestic partner dies or 

enters into a subsequent domestic partnership or marries); or 

(2) may elect to receive the lump-sum credit instead of annuity if the spouse (or domestic partner) is the individual who 

would be entitled to the lump-sum credit and files application 

therefor with the Office before the award of the annuity. 

Notwithstanding the preceding sentence, an annuity payable under 

this subsection to the surviving spouse (or surviving domestic partner) of a Member may not exceed the difference between— 

(A) the annuity which would otherwise be payable to 

such surviving spouse (or such surviving domestic partner) 

under this subsection, and 

(B) the amount of the survivor annuity payable to any 

former spouse (or any former domestic partner) of such 

Member under subsection (h). 

ø(g) In the case of a surviving spouse whose annuity under this 

section is terminated because of remarriage before becoming 55 

years of age, annuity at the same rate shall be restored commencing on the day the remarriage is dissolved by death, annulment, or divorce, if— 

ø(1) the surviving spouse elects to receive this annuity instead of a survivor benefit to which he may be entitled, under 

this subchapter or another retirement system for Government 

employees, by reason of the remarriage; and 

ø(2) any lump sum paid on termination of the annuity is returned to the Fund.¿ 

(g) In the case of a surviving spouse (or surviving domestic partner) whose annuity under this section is terminated because of a 

subsequent entry into a marriage (or domestic partnership) before 

becoming 55 years of age, annuity at the same rate shall be restored 

commencing on the day the remarriage (or subsequent domestic 

partnership) is dissolved by death, annulment, or divorce (or terminated), if— 

(1) the surviving spouse (or surviving domestic partner) elects 

to receive this annuity instead of a survivor benefit to which he 


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may be entitled, under this subchapter or another retirement 

system for Government employees, by reason of the subsequent 

entry into a marriage (or domestic partnership); and 

(2) any lump sum paid on termination of the annuity is returned to the Fund. 

ø(h)(1) Subject to paragraphs (2) through (5) of this subsection, 

a former spouse of a deceased employee, Member, annuitant, or 

former Member who was separated from the service with title to 

a deferred annuity under section 8338(b) of this title is entitled to 

a survivor annuity under this subsection, if and to the extent expressly provided for in an election under section 8339(j)(3) of this 

title, or in the terms of any decree of divorce or annulment or any 

court order or court-approved property settlement agreement incident to such decree. 

ø(2)(A) The annuity payable to a former spouse under this subsection may not exceed the difference between— 

ø(i) the amount applicable in the case of such former spouse, 

as determined under subparagraph (B) of this paragraph, and 

ø(ii) the amount of any annuity payable under this subsection to any other former spouse of the employee, Member, 

or annuitant, based on an election previously made under section 8339(j)(3) of this title, or a court order previously issued. 

ø(B) The applicable amount, for purposes of subparagraph (A)(i) 

of this paragraph in the case of a former spouse, is the amount 

which would be applicable— 

ø(i) under subsection (b)(4)(A) of this section in the case of 

a widow or widower, if the deceased was an employee or Member who died after retirement; 

ø(ii) under subparagraph (A) of subsection (d) of this section 

in the case of a widow or widower, if the deceased was an employee or Member described in the first sentence of such subsection; or 

ø(iii) under subparagraph (A) of subsection (f) of this section 

in the case of a surviving spouse, if the deceased was a Member described in the first sentence of such subsection. 

ø(3) The commencement and termination of an annuity payable 

under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except 

that any such annuity— 

ø(A) shall not commence before— 

ø(i) the day after the employee, Member, or annuitant 

dies, or 

ø(ii) the first day of the second month beginning after 

the date on which the Office receives written notice of the 

order, decree, agreement, or election, as the case may be, 

together with such additional information or documentation as the Office may prescribe, 

øwhichever is later, and 

ø(B) shall terminate— 

ø(i) except as provided in subsection (k), in the case of 

an annuity computed by reference to clause (i) or (ii) of 

paragraph (2)(B) of this subsection, no later than the last 

day of the month before the former spouse remarries before becoming 55 years of age or dies; or 


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ø(ii) in the case of an annuity computed by reference to 

clause (iii) of such paragraph, no later than the last day 

of the month before the former spouse remarries or dies. 

ø(4) For purposes of this subchapter, a modification in a decree, 

order, agreement, or election referred to in paragraph (1) of this 

subsection shall not be effective— 

ø(A) if such modification is made after the retirement or 

death of the employee or Member concerned, and 

ø(B) to the extent that such modification involves an annuity 

under this subsection. 

ø(5) For purposes of this subchapter, a decree, order, agreement, 

or election referred to in paragraph (1) of this subsection shall not 

be effective, in the case of a former spouse, to the extent that it 

is inconsistent with any joint designation or waiver previously executed with respect to such former spouse under section 8339(j)(1) 

of this title or a similar prior provision of law. 

ø(6) Any payment under this subsection to a person bars recovery by any other person. 

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

State, the District of Columbia, the Commonwealth of Puerto Rico, 

Guam, the Northern Mariana Islands, or the Virgin Islands, and 

any Indian court.¿ 

(h)(1) Subject to paragraphs (2) through (5), a former spouse (or 

former domestic partner) of a deceased employee, Member, annuitant, or former Member who was separated from the service with 

title to a deferred annuity under section 8338(b) is entitled to a survivor annuity under this subsection, if and to the extent expressly 

provided for in an election under section 8339(j)(3), or in the terms 

of any decree of divorce or annulment or any court order or courtapproved property settlement agreement incident to such decree. 

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

partner) under this subsection may not exceed the difference between— 

(i) the amount applicable in the case of such former spouse 

(or former domestic partner), as determined under subparagraph (B), and 

(ii) the amount of any annuity payable under this subsection 

to any other former spouse (or former domestic partner) of the 

employee, Member, or annuitant, based on an election previously made under section 8339(j)(3), or a court order previously issued. 

(B) The applicable amount, for purposes of subparagraph (A)(i) in 

the case of a former spouse (or former domestic partner), is the 

amount which would be applicable— 

(i) under subsection (b)(4)(A) in the case of a widow or widower (or surviving partner), if the deceased was an employee or 

Member who died after retirement; 

(ii) under subparagraph (A) of subsection (d) in the case of 

a widow or widower (or surviving partner), if the deceased was 

an employee or Member described in the first sentence of such 

subsection; or 

(iii) under subparagraph (A) of subsection (f) in the case of 

a surviving spouse (or surviving domestic partner), if the deceased was a Member described in the first sentence of such 

subsection. 


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(3) The commencement and termination of an annuity payable 

under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except 

that any such annuity— 

(A) shall not commence before— 

(i) the day after the employee, Member, or annuitant dies, 

or 

(ii) the first day of the second month beginning after the 

date on which the Office receives written notice of the order, 

decree, agreement, or election, as the case may be, together 

with such additional information or documentation as the 

Office may prescribe, 

whichever is later, and 

(B) shall terminate— 

(i) except as provided in subsection (k), in the case of an 

annuity computed by reference to clause (i) or (ii) of paragraph (2)(B), no later than the last day of the month before 

the former spouse remarries (or enters into a domestic partnership) (or former domestic partner enters into a subsequent domestic partnership or marries) before becoming 55 

years of age or dies; or 

(ii) in the case of an annuity computed by reference to 

clause (iii) of such paragraph, no later than the last day of 

the month before the former spouse remarries (or enters 

into a domestic partnership) or dies (or the former domestic 

partner enters into a subsequent domestic partnership or 

marries or dies). 

(4) For purposes of this subchapter, a modification in a decree, 

order, agreement, or election referred to in paragraph (1) shall not 

be effective— 

(A) if such modification is made after the retirement or death 

of the employee or Member concerned, and 

(B) to the extent that such modification involves an annuity 

under this subsection. 

(5) For purposes of this subchapter, a decree, order, agreement, or 

election referred to in paragraph (1) shall not be effective, in the 

case of a former spouse (or former domestic partner), to the extent 

that it is inconsistent with any joint designation or waiver previously executed with respect to such former spouse (or former domestic partner) under section 8339(j)(1) or a similar prior provision 

of law. 

(6) Any payment under this subsection to a person bars recovery 

by any other person. 

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

State, the District of Columbia, the Commonwealth of Puerto Rico, 

Guam, the Northern Mariana Islands, or the Virgin Islands, and 

any Indian court. 

ø(i) The requirement in subsections (a)(1)(A) and (a)(2)(A) of this 

section that the surviving spouse of an employee or Member have 

been married to such employee or Member for at least 9 months 

immediately before the employee or Member’s death in order to 

qualify as the widow or widower of such employee or Member shall 

be deemed satisfied in any case in which the employee or Member 

dies within the applicable 9-month period, if— 

ø(1) the death of the employee or Member was accidental; or 


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* As amended by bill section 206. 

ø(2) the surviving spouse of such individual had been previously married to the individual and subsequently divorced, 

and the aggregate time married is at least 9 months.¿ 

(i) The requirement in subsections (a)(1)(A), (a)(2)(A), and 

(a)(5)(A) that the surviving spouse (or surviving domestic partner) 

of an employee or Member have been married to (or in a domestic 

partnership with) such employee or Member for at least 9 months 

immediately before the employee’s or Member’s death in order to 

qualify as the widow or widower (or surviving partner) of such employee or Member shall be deemed satisfied in any case in which the 

employee or Member dies within the applicable 9-month period, if— 

(1) the death of the employee or Member was accidental; or 

(2) the surviving spouse (or surviving domestic partner) of 

such individual had been previously married to (or in a domestic partnership with) the individual that was subsequently dissolved (or terminated), and the aggregate time married (or in 

a domestic partnership) is at least 9 months. 

ø(k)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent 

that they provide for termination of a survivor annuity because of 

a remarriage before age 55) shall not apply if the widow, widower, 

or former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based. 

ø(2) A remarriage described in paragraph (1) shall not be taken 

into account for purposes of section 8339(j)(5)(B) or (C) or any other 

provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.¿ 

(j)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i), to the extent 

that they provide for termination of a survivor annuity because of 

a subsequent entry into a marriage (or domestic partnership) before 

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

married to (or the surviving partner or former domestic partner was 

in a domestic partnership with) the individual on whose service the 

survivor annuity is based for at least 30 years. 

(2) A subsequent entry into a marriage (or domestic partnership) 

described in paragraph (1) shall not be taken into account for purposes of subparagraph (B) or (C) of section 8339(j)(5) or any other 

provision of this chapter which the Director of the Office of Personnel Management may by regulation identify in order to carry out 

the purposes of this subsection. 

§ 8342. Lump-sum benefits; designation of beneficiary; order 

of precedence *

(a) * * * 

* * * * * * * 

(c) Lump-sum benefits authorized by subsections (d)–(f) of this 

section shall be paid to the person or persons surviving the employee or Member and alive at the date title to the payment arises 

in the following order of precedence, and the payment bars recovery by any other person: 

First, to the beneficiary or beneficiaries designated by the 

employee or Member in a signed and witnessed writing received in the Office before his death. For this purpose, a desVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00101 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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* As amended by bill section 207. 

ignation, change, or cancellation of beneficiary in a will or 

other document not so executed and filed has no force or effect. 

Second, if there is no designated beneficiary, to the widow or 

widower (or surviving partner) of the employee or Member. 

Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation. 

Fourth, if none of the above, to the parents of the employee 

or Member or the survivor of them. 

Fifth, if none of the above, to the duly appointed executor or 

administrator of the estate of the employee or Member. 

Sixth, if none of the above, to such other next of kin of the 

employee or Member as the Office determines to be entitled 

under the laws of the domicile of the employee or Member at 

the date of his death. 

For the purpose of this subsection, ‘‘child’’ includes a natural 

child and an adopted child, but does not include a østepchild.¿ stepchild (or a child of a domestic partner which child is not otherwise 

a child of the employee or Member). 

* * * * * * * 

(j)(1)(A) Payment of the lump-sum credit under subsection (a) 

may be made only if the spouse (or domestic partner), if any (or the 

domestic partner, if any), and any former spouse (or former domestic partner) of the employee or Member are notified of the employee 

or Member’s application. 

(B) The Office shall prescribe regulations under which the lumpsum credit shall not be paid without the consent of a spouse (or domestic partner) or former spouse (or former domestic partner) of the 

employee or Member where the Office has received such additional 

information and documentation as the Office may require that— 

(i) * * * 

(ii) payment of the lump-sum credit would extinguish the entitlement of the spouse (or domestic partner) or former spouse 

(or former domestic partner), under a court order on file with 

the Office, to a survivor annuity under section 8341(h) or to 

any portion of an annuity under section 8345(j). 

(2)(A) Notification of a spouse (or domestic partner) or former 

spouse (or former domestic partner) under this subsection shall be 

made in accordance with such requirements as the Office shall by 

regulation prescribe. 

(B) Under the regulations, the Office may provide that paragraph 

(1)(A) of this subsection may be waived with respect to a spouse (or 

domestic partner) or former spouse (or former domestic partner) if 

the employee or Member establishes to the satisfaction of the Office 

that the whereabouts of such spouse (or domestic partner) or 

former spouse (or former domestic partner) cannot be determined. 

§ 8343a. Alternative forms of annuities*

(a) * * * 

(b) Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers 

appropriate, except that among the alternatives offered shall be— 

(1) * * * 


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* As amended by bill section 208. 

† As amended by bill section 209. 

(2) in the case of an employee or Member who is married (or 

in a domestic partnership) at the time of retirement, an alternative which provides for— 

(A) * * * 

(B) payment of an annuity to the employee or Member 

for life, with a survivor annuity payable for the life of a 

surviving spouse (or surviving domestic partner). (d) An employee or Member who, at the time of retiring under 

this subchapter— 

(1) is ømarried,¿ married (or in a domestic partnership), 

shall be ineligible to make an election under this section unless 

a waiver is made under section 8339(j)(1) of this title; or 

(2) has a øformer spouse,¿ former spouse (or former domestic 

partner), shall be ineligible to make an election under this section if the øformer spouse,¿ former spouse (or former domestic 

partner), is entitled to benefits under section 8341(h) or 8345(j) 

of this title (based on the service of the employee or Member) 

under the terms of a decree of divorce or annulment, or a court 

order or court-approved property settlement incident to any 

such decree, with respect to which the Office has been duly notified. 

(e) An employee or Member who is married (or in a domestic 

partnership) at the time of retiring under this subchapter and who 

makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 8339(o) of this title, subject to the deposit 

requirement thereunder. 

* * * * * * * 

§ 8347. Administration; regulations *

(a) * * * 

* * * * * * * 

(n)(1) Notwithstanding any other provision of this subchapter, 

the Director of Central Intelligence shall, in a manner consistent 

with the administration of this subchapter by the Office, and to the 

extent considered appropriate by the Director of Central Intelligence— 

(A) * * * 

(D) collect deposits to the Fund made by such employees, 

øtheir spouses, and their former spouses¿ their spouses (and 

domestic partners), and their former spouses (and former domestic partners); 

* * * * * * * 

§ 8351. Participation in the Thrift Savings Plan†

(a) * * * 

(b)(1) * * * 

* * * * * * * 

(5)(A) The provisions of section 8435 of this title that require a 

waiver or consent by the spouse (or domestic partner) of an emVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00103 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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* As amended by bill section 312(b). 

† As amended by bill section 313(b). 

* As amended by bill section 323(b). 

† As amended by bill section 332(b). 

‡ As amended by bill section 334(b). 

ployee or Member (or former employee or Member) shall not apply 

with respect to sums in the Thrift Savings Fund contributed by the 

employee or Member (or former employee or Member) and earnings 

in the fund attributable to such sums. 

(B) An election or change of election authorized by subchapter III 

of chapter 84 of this title shall be effective in the case of øa married employee or Member¿ an employee or Member who is married 

(or in a domestic partnership), and a loan or withdrawal may be 

approved under section 8433(g) and (h) of this title in such case, 

only after the Executive Director notifies the employee’s or Member’s spouse (or domestic partner) that the election or change of 

election has been made or that the Executive Director has received 

an application for such loan or withdrawal, as the case may be. 

(C) Subparagraph (B) may be waived with respect to a spouse (or 

domestic partner) if the employee or Member establishes to the satisfaction of the Executive Director of the Federal Retirement Thrift 

Investment Board that the whereabouts of such spouse (or domestic 

partner) cannot be determined. 

(D) Except with respect to the making of loans or withdrawals 

under section 8433(g) or (h), none of the provisions of this paragraph requiring notification to a spouse or former spouse (or domestic partner or former domestic partner) of an employee, Member, former employee, or former Member shall apply in any case in 

which the nonforfeitable account balance of the employee, Member, 

former employee, or former Member is $3,500 or less. 

* * * * * * * 

CHAPTER 84—FEDERAL EMPLOYEES’ RETIREMENT 

SYSTEM 

* * * * * * * 

Sec. 

8401. Definitions 

* * * * * * * 

ø8416. Survivor reduction for a current spouse.¿ *

8416. Survivor reduction for a current spouse (or domestic partner). 

ø8417. Survivor reduction for a former spouse.¿ †

8417. Survivor reduction for a former spouse (or former domestic partner). 

* * * * * * * 

ø8435. Protections for spouses and former spouses.¿ *

8435. Protection for spouses and former spouses (and domestic partners and former 

domestic partners). 

* * * * * * * 

ø8442. Rights of a widow or widower.¿ †

8442. Rights of a widow or widower (or surviving partner). 

* * * * * * * 

ø8445. Rights of a former spouse.¿ ‡

8445. Rights of a former spouse (or former domestic partner). 

* * * * * * * 


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§ As amended by bill section 311. 

* As amended by bill section 302. 

Subchapter I—General Provisions 

§ 8401. Definitions §

For the purposes of this chapter— 

(1) * * * 

* * * * * * * 

(35) the term ‘‘air traffic controller’’ or ‘‘controller’’ means— 

(A) * * * 

(B) a civilian employee of the Department of Transportation or the Department of Defense who is the immediate 

supervisor of a person described in section 2109(1)(B); 

øand¿ 

(36) the term ‘‘customs and border protection officer’’ means 

an employee in the Department of Homeland Security (A) who 

holds a position within the GS–1895 job series (determined applying the criteria in effect as of September 1, 2007) or any 

successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances, 

and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after 

performing such duties (as described in subparagraph (B)) in 

1 or more positions (as described in subparagraph (A)) for at 

least 3 yearsø.¿; 

(37) ‘‘domestic partner’’ and ‘‘domestic partnership’’ have the 

meanings given under section 2501; 

(38) ‘‘Federal employee’’ means an elected official of the 

United States or an employee of any entity of the United States; 

and 

(39) ‘‘former domestic partner’’ means a former domestic partner of an individual— 

(A) if such individual performed at least 18 months of civilian service creditable under section 8411 as a Federal 

employee; and 

(B) if the former domestic partner was in a domestic 

partnership with such individual for at least 9 months. 

* * * * * * * 

Subchapter II—Basic Annuity 

* * * * * * * 

§ 8411. Creditable service *

(a) * * * 

* * * * * * * 

(c)(1) * * * 

* * * * * * * 

(4)(A) * * * 

* * * * * * * 


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* As amended by bill section 312. 

(C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under 

which— 

(i) * * * 

(ii) this paragraph shall be carried out in any case which involves a former spouse (or former domestic partner). 

* * * * * * * 

(l)(1) * * * 

* * * * * * * 

(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations 

shall include— 

(A) * * * 

(B) provisions under which the Office may provide for— 

(i) the payment, to the spouse (or domestic partner) or 

children of any individual referred to in the first sentence 

of paragraph (1), of any amounts which (but for this 

clause) would otherwise have been nonpayable by reason 

of such first sentence, subject to paragraph (5); and 

* * * * * * * 

(5) Regulations to carry out clause (i) of paragraph (4)(B) shall 

include provisions to ensure that the authority to make any payment under such clause to the spouse (or domestic partner) or children of an individual shall be available only to the extent that the 

application of such clause is considered necessary and appropriate 

taking into account the totality of the circumstances, including the 

financial needs of the spouse (or domestic partner) or children, 

whether the spouse (or domestic partner) or children participated 

in an offense described in paragraph (2) of which such individual 

was finally convicted, and what measures, if any, may be necessary 

to ensure that the convicted individual does not benefit from any 

such payment. 

* * * * * * * 

§ 8416. Survivor reduction for a current spouse (or domestic 

partner) *

(a)(1) If an employee or Member is married (or in a domestic 

partnership) at the time of retiring under this chapter, the reduction described in section 8419(a) shall be made unless the employee 

or Member and the spouse (or domestic partner) jointly waive, by 

written election, any right which the spouse (or domestic partner) 

may have to a survivor annuity under section 8442 based on the 

service of such employee or Member. A waiver under this paragraph shall be filed with the Office under procedures prescribed by 

the Office. 

(2) Notwithstanding paragraph (1), an employee or Member who 

is married (or in a domestic partnership) at the time of retiring 

under this chapter may waive the annuity for a surviving spouse 

(or domestic partner) without the spouse’s (or domestic partner’s) 

consent if the employee or Member establishes to the satisfaction 


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of the Office (in accordance with regulations prescribed by the Office)— 

(A) that the spouse’s (or domestic partner’s) whereabouts 

cannot be determined; or 

(B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s (or domestic partner’s) 

consent would otherwise be inappropriate. 

* * * * * * * 

ø(b)(1) Upon remarriage, a retired employee or Member who was 

married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity 

for the employee’s or Member’s spouse or former spouse as of the 

time of retirement) may irrevocably elect during such marriage, in 

a signed writing received by the Office within 2 years after such 

remarriage or, if later, within 2 years after the death or remarriage 

of any former spouse of such employee or Member who was entitled 

to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in 

the employee’s or Member’s annuity under section 8419(a) for the 

purpose of providing an annuity for such employee’s or Member’s 

spouse in the event such spouse survives the employee or Member. 

ø(2) The election and reduction shall be effective the first day of 

the second month after the election is received by the Office, but 

not less than 9 months after the date of the remarriage. 

ø(3) An election to provide a survivor annuity to an individual 

under this subsection— 

ø(A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or 

ø(B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, 

prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection. 

ø(4) Any election under this subsection made by an employee or 

Member on behalf of an individual after the retirement of such employee or Member shall not be effective if— 

ø(A) the employee or Member was married to such individual 

at the time of retirement; and 

ø(B) the annuity rights of such individual based on the service of such employee or Member were then waived under subsection (a).¿ 

(b)(1) Upon entry into a subsequent marriage (or subsequent domestic partnership), a retired employee or Member who was married 

(or in a domestic partnership) at the time of retirement, including 

an employee or Member whose annuity was not reduced to provide 

a survivor annuity for the employee’s or Member’s spouse or former 

spouse (or domestic partner or former domestic partner) as of the 

time of retirement, may irrevocably elect during such marriage (or 

domestic partnership), in a signed writing received by the Office— 

(A) within 2 years after such entry into a subsequent marriage (or domestic partnership), or 

(B) if later, within 2 years after— 

(i) the death of or entry into a subsequent marriage (or 

domestic partnership) by any former spouse (or former doVerDate Mar 15 2010 06:42 Dec 30, 2010 Jkt 099010 PO 00000 Frm 00107 Fmt 6659 Sfmt 6603 E:\HR\OC\SR376.XXX SR376

pwalker on DSKD5P82C1PROD with HEARING
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mestic partner) of such employee or Member who was entitled to a survivor annuity under section 8445, or 

(ii) if there was more than 1, the death of or entry into 

a subsequent marriage (or domestic partnership) by the last 

such surviving former spouse (or former domestic partner), 

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

8419(a) for the purpose of providing an annuity for such employee’s 

or Member’s spouse (or domestic partner) in the event such spouse 

(or domestic partner) survives the employee or Member. 

(2) The election and reduction shall be effective the first day of the 

second month after the election is received by the Office, but not less 

than 9 months after the date of the subsequent marriage (or entry 

into the subsequent domestic partnership). 

(3) An election to provide a survivor annuity to an individual 

under this subsection— 

(A) shall prospectively void any election made by the employee 

or Member under section 8420 with respect to such individual; 

or 

(B) shall, if an election was made by the employee or Member 

under section 8420 with respect to a different individual, prospectively void such election if appropriate written application 

is made by such employee or Member at the time of making the 

election under this subsection. 

(4) Any election under this subsection made by an employee or 

Member on behalf of an individual after the retirement of such employee or Member shall not be effective if— 

(A) the employee or Member was married to (or in a domestic 

partnership with) such individual at the time of retirement; and 

(B) the annuity rights of such individual based on the service 

of such employee or Member were then waived under subsection 

(a). 

ø(c)(1) An employee or Member who is unmarried at the time of 

retiring under this chapter and who later marries may irrevocably 

elect, in a signed writing received by the Office within 2 years after 

such employee or Member marries or, if later, within 2 years after 

the death or remarriage of any former spouse of such employee or 

Member who was entitled to a survivor annuity under section 8445 

(or of the last such surviving former spouse, if there was more than 

one), a reduction in the current annuity of the retired employee or 

Member, in accordance with section 8419(a).¿ 

(c)(1) An employee or Member who is unmarried (and not in a domestic partnership) at the time of retiring under this chapter and 

who later marries (or enters into a domestic partnership) may irrevocably elect, in a signed writing received by the Office— 

(A) within 2 years after such employee or Member marries (or 

enters into a domestic partnership), or 

(B) if later, within 2 years after— 

(i) the death of or entry into a subsequent remarriage (or 

domestic partnership) by of any former spouse (or domestic 

partner) of such employee or Member who was entitled to 

a survivor annuity under section 8445, 

(ii) if more than 1, the death of or entry into a subsequent 

marriage (or domestic partnership) by the last such surviving former spouse (or surviving domestic partner), 


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* As amended by bill section 313. 

a reduction in the current annuity of the retired employee or Member, in accordance with section 8419(a). 

(2) The election and reduction shall take effect the first day of 

the first month beginning 9 months after the date of ømarriage.¿ 

marriage (or domestic partnership). Any such election to provide a 

survivor annuity for an individual— 

(A) * * * 

* * * * * * * 

(d)(1) An employee or Member— 

(A) who is married (or in a domestic partnership) on the date 

of retiring under this chapter, and 

(B) with respect to whose spouse (or domestic partner) a 

waiver under subsection (a) has been made, 

may, during the 18-month period beginning on such date, elect to 

have a reduction made under section 8419 in order to provide a 

survivor annuity under section 8442 for such spouse (or domestic 

partner). 

* * * * * * * 

§ 8417. Survivor reduction for a former spouse (or former domestic partner) *

(a) If an employee or Member has a former spouse (or former domestic partner) who is entitled to a survivor annuity as provided 

in section 8445, the reduction described in section 8419(a) shall be 

made. 

(b)(1) An employee or Member who has a former spouse (or 

former domestic partner) may elect, under procedures prescribed by 

the Office, a reduction in the annuity of the employee or Member 

under section 8419(a) in order to provide a survivor annuity for 

such former spouse (or former domestic partner) under section 

8445. 

(2) An election under this subsection shall be made at the time 

of retirement or, if the marriage is dissolved (or the domestic partnership is terminated) after the date of retirement, within 2 years 

after the date on which the marriage of the former spouse to the 

employee or Member is so dissolved (or the domestic partnership of 

the former domestic partner with the employee or Member is so terminated). (3) An election under this subsection— 

(A) shall not be effective to the extent that it— 

(i) * * * 

(ii) would cause the total of survivor annuities payable 

under sections 8442 and 8445, respectively, based on the 

service of the employee or Member to exceed the amount 

which would be payable to a widow or widower (or surviving partner) of such employee or Member under such 

section 8442 (determined without regard to any reduction 

to provide for an annuity under such section 8445); and 

(B) shall not be effective, in the case of an employee or Member who is then married (or in a domestic partnership), unless 

it is made with the spouse’s (or domestic partner’s) written consent. 


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† As amended by bill section 314. 

* As amended by bill section 315. 

The Office shall by regulation provide that subparagraph (B) may 

be waived for either of the reasons set forth in section 8416(a)(2). 

§ 8418. Survivor elections; deposit; offsets †

(a) * * * 

(b) The Office shall, by regulation, provide for payment of the deposit required under subsection (a) by a reduction in the annuity 

of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under subsection (a), except that the total reductions in the annuity of an 

employee or Member to pay deposits required by this section shall 

not exceed 25 percent of the annuity computed under section 8415 

or section 8452, including adjustments under section 8462. The reduction required by this subsection, which shall be effective at the 

same time as the election under section 8416(b) and (c) or section 

8417(b), shall be permanent and unaffected by any future termination of the marriage (or domestic partnership) or the entitlement 

of the øformer spouse.¿ former spouse (or former domestic partner). 

Such reduction shall be independent of and in addition to the reduction required under section 8416(b) and (c) or section 8417(b). 

* * * * * * * 

§ 8419. Survivor reductions; computation*

(a)(1) Except as provided in paragraph (2), the annuity of an annuitant computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable) or one-half 

of the annuity, if jointly designated for this purpose by the employee or Member and the spouse (or domestic partner) of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by 10 percent if a survivor 

annuity, or a combination of survivor annuities, under section 8442 

or 8445 (or both) are to be provided for. 

(2)(A) If no survivor annuity under section 8442 is to be provided 

for, but one or more survivor annuities under section 8445 involving a total of less than the entirety of the amount referred to in 

subsection (b)(2) of such section are to be provided for, the annuity 

of the annuitant involved (as computed under section 8415, or 

under section 8452 (including subsection (a)(2) of such section, if 

applicable)) or one-half of the annuity, if jointly designated for this 

purpose by the employee or Member and the spouse (or domestic 

partner) of the employee or Member under procedures prescribed 

by the Office of Personnel Management, shall be reduced by an appropriate percentage determined under subparagraph (B). 

* * * * * * * 

ø(b)(1) Any reduction in an annuity for the purpose of providing 

a survivor annuity for the current spouse of a retired employee or 

Member shall be terminated for each full month— 

ø(A) after the death of the spouse; or 

ø(B) after the dissolution of the spouse’s marriage to the employee or Member, except that an appropriate reduction shall 


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be made thereafter if the spouse is entitled, as a former 

spouse, to a survivor annuity under section 8445. 

ø(2) Any reduction in an annuity for the purpose of providing a 

survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse 

remarries before reaching age 55 or dies. This reduction shall be 

replaced by appropriate reductions under subsection (a) if the retired employee or Member has one or more of the following: 

ø(A) another former spouse who is entitled to a survivor annuity under section 8445; 

ø(B) a current spouse to whom the employee or Member was 

married at the time of retirement and with respect to whom 

a survivor annuity was not waived under section 8416(a) (or, 

if waived, with respect to whom an election under section 

8416(d) has been made); or 

ø(C) a current spouse whom the employee or Member married after retirement and with respect to whom an election has 

been made under subsection (b) or (c) of section 8416.¿ 

(b)(1) Any reduction in an annuity for the purpose of providing 

a survivor annuity for the current spouse (or current domestic partner) of a retired employee or Member shall be terminated for each 

full month— 

(A) after the death of the spouse (or domestic partner); or 

(B) after the dissolution of the spouse’s marriage to (or the 

termination of the domestic partner’s domestic partnership 

with) the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse (or domestic partner) is entitled, as a former spouse (or former domestic partner), 

to a survivor annuity under section 8445. 

(2) Any reduction in an annuity for the purpose of providing a 

survivor annuity for a former spouse (or former domestic partner) 

of a retired employee or Member shall be terminated for each full 

month after the former spouse remarries (or enters into a domestic 

partnership) (or the former domestic partner enters into a subsequent domestic partnership or marries) before reaching age 55 or 

dies. This reduction shall be replaced by appropriate reductions 

under subsection (a) if the retired employee or Member has— 

(A) another former spouse (or former domestic partner) who 

is entitled to a survivor annuity under section 8445; 

(B) a current spouse to whom the employee or Member was 

married (or a current domestic partner with whom the employee 

or Member was in a domestic partnership) at the time of retirement and with respect to whom a survivor annuity was not 

waived under section 8416(a) or, if waived, with respect to 

whom an election under section 8416(d) has been made; or 

(C) a current spouse whom the employee or Member married 

(or current domestic partner with whom the employee or Member entered into a domestic partnership) after retirement and 

with respect to whom an election has been made under subsection (b) or (c) of section 8416. 


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*As amended by bill section 316. 

†As amended by bill section 317. 

§8420. Insurable interest reductions*

(a) * * * 

(b)(1) In the case of a ømarried employee or Member¿ employee 

or Member who is married (or in a domestic partnership), an election under this section on behalf of the spouse or domestic partner 

may be made only if any right of such spouse or domestic partner 

to a survivor annuity based on the service of such employee or 

Member is waived in accordance with section 8416(a). 

(2) Paragraph (1) does not apply in the case of an employee or 

Member if such employee or Member has a former spouse (or 

former domestic partner) who would become entitled to an annuity 

under section 8445 as a survivor of such employee or Member. 

* * * * * * * 

§8420a. Alternative forms of annuities†

(a) * * * 

(b) Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers 

appropriate, except that among the alternatives offered shall be— 

(1) * * * 

(2) in the case of an employee or Member who is married (or 

in a domestic partnership) at the time of retirement, an alternative which provides for— 

(A) * * * 

(B) payment of an annuity to the employee or Member 

for life, with a survivor annuity payable for the life of a 

øsurviving spouse.¿ surviving spouse (or surviving domestic partner). 

* * * * * * * 

(d) An employee or Member who, at the time of retiring under 

this subchapter— 

(1) is ømarried,¿ married (or in a domestic partnership) shall 

be ineligible to make an election under this section unless a 

waiver is made under section 8416(a); or 

(2) has a former spouse (or former domestic partner), shall be 

ineligible to make an election under this section if the former 

spouse (or former domestic partner) is entitled to benefits 

under section 8445 or 8467 (based on the service of the employee or Member) under the terms of a decree of divorce or 

annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office has been duly notified. 

(e) An employee or Member who is married (or in a domestic 

partnership) at the time of retiring under this subchapter and who 

makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 8416(d), subject to the deposit requirement 

thereunder. 

* * * * * * * 


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* As amended by bill section 318. 

§ 8424. Lump-sum benefits; designation of beneficiary; order 

of precedence *

(a) * * * 

(b)(1)(A) Payment of the lump-sum credit under subsection (a) 

may be made only if øthe spouse, if any, and any former spouse¿ 

any spouse or former spouse (and any domestic partner or former 

domestic partner) of the employee or Member are notified of the 

employee or Member’s application. 

(B) The Office shall prescribe regulations under which the lumpsum credit shall not be paid without the consent of a øspouse or 

former spouse¿ spouse or former spouse (or domestic partner or 

former domestic partner) of the employee or Member where the Office has received such additional information or documentation as 

the Office may require that— 

* * * * * * * 

(ii) payment of the lump-sum credit would extinguish the entitlement of the øspouse or former spouse¿ spouse or former 

spouse (or domestic partner or former domestic partner), under 

a court order on file with the Office, to a survivor annuity 

under section 8445 or to any portion of an annuity under section 8467. 

(2)(A) Notification of a øspouse or former spouse¿ spouse or 

former spouse (or domestic partner or former domestic partner) 

under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe. 

(B) Under the regulations, the Office may provide that paragraph 

(1)(A) may be waived with respect to a øspouse or former spouse¿ 

spouse or former spouse (or domestic partner or former domestic 

partner) if the employee or Member establishes to the satisfaction 

of the Office that the whereabouts of such øspouse or former 

spouse¿ spouse or former spouse (or domestic partner or former domestic partner) cannot be determined. 

* * * * * * * 

(d) Lump-sum benefits authorized by subsections (e) through (g) 

shall be paid to the individual or individuals surviving the employee or Member and alive at the date title to the payment arises 

in the following order of precedence, and the payment bars recovery by any other individual: 

First, to the beneficiary or beneficiaries designated by the 

employee or Member in a signed and witnessed writing received in the Office before the death of such employee or Member. For this purpose, a designation, change, or cancellation of 

beneficiary in a will or other document not so executed and 

filed has no force or effect. 

Second, if there is no designated beneficiary, to the øwidow 

or widower¿ widow or widower (or surviving partner) of the 

employee or Member. 

Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation. 

Fourth, if none of the above, to the parents of the employee 

or Member or the survivor of them. 


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* As amended by bill section 321. 

Fifth, if none of the above, to the duly appointed executor or 

administrator of the estate of the employee or Member. 

Sixth, if none of the above, to such other next of kin of the 

employee or Member as the Office determines to be entitled 

under the laws of the domicile of the employee or Member at 

the date of death of the employee or Member. 

For the purpose of this subsection, ‘‘child’’ includes a natural 

child and an adopted child, but does not include a østepchild.¿ stepchild (or a child of a domestic partner which child is not otherwise 

a child of the employee or Member). 

* * * * * * * 

Subchapter III—Thrift Savings Plan 

§ 8433. Benefits and election of benefits *

(a) * * * 

* * * * * * * 

(e)(1) * * * 

ø(2) Notwithstanding section 8424(d), if an employee, Member, 

former employee, or former Member dies and has designated as 

sole or partial beneficiary his or her spouse at the time of death, 

or, if an employee, Member, former employee, or former Member, 

dies with no designated beneficiary and is survived by a spouse, 

the spouse may maintain the portion of the employee’s or Member’s 

account to which the spouse is entitled in accordance with the following terms: 

ø(A) Subject to the limitations of subparagraph (B), the 

spouse shall have the same withdrawal options under subsection (b) as the employee or Member were the employee or 

Member living. 

ø(B) The spouse may not make withdrawals under subsection (g) or (h). 

ø(C) The spouse may not make contributions or transfers to 

the account. 

ø(D) The account shall be disbursed upon the death of the 

surviving spouse. A beneficiary or surviving spouse of a deceased spouse who has inherited an account is ineligible to 

maintain the inherited spousal account.¿ 

(2) Notwithstanding section 8424(d), if an employee, Member, 

former employee, or former Member dies and has designated as sole 

or partial beneficiary his or her spouse (or domestic partner) at the 

time of death, or, if an employee, Member, former employee, or 

former Member, dies with no designated beneficiary and is survived 

by a spouse (or domestic partner), the spouse (or domestic partner) 

may maintain the portion of the employee’s or Member’s account to 

which the spouse (or domestic partner) is entitled in accordance 

with the following terms: 

(A) Subject to the limitations of subparagraph (B), the spouse 

(or domestic partner) shall have the same withdrawal options 

under subsection (b) as the employee or Member were the employee or Member living. 


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* As amended by bill section 322. 

† As amended by bill section 323. 

(B) The spouse (or domestic partner) may not make withdrawals under subsection (g) or (h). 

(C) The spouse (or domestic partner) may not make contributions or transfers to the account. 

(D) The account shall be disbursed upon the death of the surviving spouse (or surviving domestic partner). A beneficiary or 

surviving spouse (or surviving domestic partner) of a deceased 

spouse (or domestic partner) who has inherited an account is 

ineligible to maintain the inherited spousal account. 

* * * * * * * 

§ 8434. Annuities: methods of payment; election; purchase *

(a)(1) * * * 

(2) The methods of payment prescribed under paragraph (1) shall 

include, but not be limited to— 

(A) * * * 

(B) a method which provides for the payment of a monthly 

annuity to an annuitant for the joint lives of the annuitant and 

the spouse (or domestic partner) of the annuitant and an appropriate monthly annuity to the one of them who survives the 

other of them for the life of the survivor; 

* * * * * * * 

(E) a method which provides for the payment of a monthly 

annuity— 

(i) to the annuitant for the joint lives of the annuitant 

and an individual who is designated by the annuitant 

under regulations prescribed by the Executive Director 

and (I) is a former spouse (or former domestic partner) of 

the annuitant, or (II) has an insurable interest in the annuitant; and 

* * * * * * * 

§ 8435. Protections for spouses and former spouses (and domestic partners and former domestic partners) †

(a)(1)(A) øA married employee or Member (or former employee or 

Member)¿ An employee or Member, or former employee or former 

member, who is married (or in a domestic partnership) may withdraw all or part of a Thrift Savings Fund account under subsection 

(b)(2), (3), or (4) of section 8433 of this title or change a withdrawal 

election only if the employee or Member (or former employee or 

Member) satisfies the requirements of subparagraph (B). øA married employee or Member (or former employee or Member)¿ An employee or Member, or former employee or former member, who is 

married (or in a domestic partnership) may make a withdrawal 

from a Thrift Savings Fund account under subsection (c)(1) of section 8433 of this title only if the employee or Member (or former 

employee or Member) satisfies the requirements of subparagraph 

(B). 

(B) An employee or Member (or former employee or Member) 

may make an election or change referred to in subparagraph (A) 

if the employee or Member and the employee’s or Member’s spouse 


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(or domestic partner) (or the former employee or Member and the 

former employee’s or Member’s spouse (or domestic partner)) jointly 

waive, by written election, any right which the spouse (or domestic 

partner) may have to a survivor annuity with respect to such employee or Member (or former employee or Member) under section 

8434 of this title or subsection (b). 

(2) Paragraph (1) shall not apply to an election or change of election by an employee or Member (or former employee or Member) 

who establishes to the satisfaction of the Executive Director (at the 

time of the election or change and in accordance with regulations 

prescribed by the Executive Director)— 

(A) that the spouse’s (or domestic partner’s) whereabouts 

cannot be determined; or 

(B) that, due to exceptional circumstances, requiring the 

spouse’s (or domestic partner’s) waiver would otherwise be inappropriate. 

(b)(1) Notwithstanding any election under subsection (b) of section 8434 of this title, the method described in subsection (a)(2)(B) 

of such section (or, if more than one form of such method is available, the form which the Board determines to be the one which provides for a surviving spouse (or surviving domestic partner) a survivor annuity most closely approximating the annuity of a surviving spouse (or surviving domestic partner) under section 8442 of 

this title) shall be deemed the applicable method under such subsection (b) in the case of an employee, Member, former employee, 

or former Member who is married (or in a domestic partnership) on 

the date on which an annuity contract is purchased to provide for 

the employee’s, Member’s, former employee’s, or former Member’s 

annuity under this subchapter. 

(2) Paragraph (1) shall not apply if— 

(A) a joint waiver of such method is made, in writing, by the 

employee or Member and the spouse (or domestic partner); or 

* * * * * * * 

(d)(1) Subject to paragraphs (2) through (7), a former spouse (or 

former domestic partner) of a deceased employee or Member (or a 

deceased former employee or Member) who died after performing 

18 or more months of service and a former spouse (or former domestic partner) of a deceased former employee or Member who died 

entitled to an immediate or deferred annuity under subchapter II 

of this chapter is entitled to a survivor annuity under this subsection if and to the extent that— 

(A) * * * 

* * * * * * * 

(3) The amount of the survivor annuity payable from the Thrift 

Savings Fund to a former spouse (or former domestic partner) of a 

deceased employee, Member, former employee, or former Member 

under this section may not exceed the excess, if any, of— 

(A) the amount of the survivor annuity determined for a surviving spouse (or surviving domestic partner) of the deceased 

employee, Member, former employee, or former Member under 

the method described in subsection (b)(1), over 

(B) the total amount of all other survivor annuities payable 

under this subchapter to other former spouses (or former domestic partners) of such deceased employee, Member, former 


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employee, or former Member based on the order of precedence 

provided in paragraph (4). 

(4) If more than one former spouse (or former domestic partner) 

of a deceased employee, Member, former employee, or former Member is entitled to a survivor annuity pursuant to this subsection, 

the amount of each such survivor annuity shall be limited appropriately to carry out paragraph (3) in the order of precedence established for the entitlements by the chronological order of the dates 

on which elections are properly made pursuant to section 

8434(a)(2)(E) of this title and the dates on which the court decrees, 

orders, or agreements applicable to the entitlement were issued, as 

the case may be. 

(5) Subsections (c) and (d) of section 8445 of this title shall apply 

to an entitlement of a former spouse (or former domestic partner) 

to a survivor annuity under this subsection. 

(6) For the purposes of this section, a court decree, order, or 

agreement or an election referred to in subsection (a) of this section 

shall not be effective, in the case of a former spouse (or former domestic partner), to the extent that the election is inconsistent with 

any joint waiver previously executed with respect to such former 

spouse (or former domestic partner) under subsection (a)(2) or 

(b)(2). 

* * * * * * * 

ø(e)(1)(A) A loan or withdrawal may be made to a married employee or Member under section 8433(g) and (h) of this title only 

if the employee’s or Member’s spouse consents to such loan or withdrawal in writing.¿ 

(e)(1)(A) A loan or withdrawal under subsection (g) or (h) of section 8433 may be made to an employee or Member who is married 

(or in a domestic partnership) only if the employee’s or Member’s 

spouse (or domestic partner) consents to such loan or withdrawal in 

writing. 

* * * * * * * 

(C) Subparagraph (A) shall not apply to a loan or withdrawal to 

an employee or Member who establishes to the satisfaction of the 

Executive Director (at the time the employee or Member applies for 

such loan or withdrawal and in accordance with regulations prescribed by the Executive Director)— 

(i) that the spouse’s (or domestic partner’s) whereabouts cannot be determined; or 

(ii) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s (or domestic partner’s) 

consent would otherwise be inappropriate. 

* * * * * * * 

(g) Except with respect to the making of loans or withdrawals 

under section 8433(g) and (h), none of the provisions of this section 

requiring notification to, or the consent or waiver of, a spouse or 

former spouse (or domestic partner or former domestic partner) of 

an employee, Member, former employee, or former Member shall 

apply in any case in which the nonforfeitable account balance of 

the employee, Member, former employee, or former Member is 

$3,500 or less. 

* * * * * * * 


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* As amended by bill section 324. 

† As amended by bill section 331. 

§ 8440a. Justices and judges *

(a) * * * 

(b)(1) * * * 

* * * * * * * 

(6) The provisions of section 8351(b)(5) of this title shall govern 

the rights of spouses (or domestic partners) of justices or judges 

contributing to the Thrift Savings Fund under this section. 

* * * * * * * 

Subchapter IV—Survivor Annuities 

§ 8441. Definitions †

For the purpose of this subchapter— 

(1) * * * 

* * * * * * * 

(3) the term ‘‘surviving partner’’— 

(A) means the surviving domestic partner of an employee, 

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

who— 

(i) was in a domestic partnership with such employee, Member, or annuitant, or former employee or 

Member, for at least 9 months immediately before the 

death of such employee, Member, or annuitant, or 

former employee or Member; or 

(ii) satisfies such other requirements, based on parenthood and the domestic partnership, as the Director 

of the Office of Personnel Management shall by regulation prescribe based on the definition of a widow or 

widower under paragraphs (1)(B) and (2)(B) of this 

section; and 

(B) notwithstanding subparagraph (A), includes a surviving domestic partner described under that subparagraph 

only if the employee, Member, annuitant, or former employee or Member performed at least 18 months of service 

as a Federal employee; 

ø(3)¿(4) the term ‘‘dependent,’’ in the case of any child, 

means that the employee, Member, or annuitant involved was, 

at the time of death of the employee, Member, or annuitant either living with or contributing to the support of such child, as 

determined in accordance with such regulations as the Office 

shall prescribe; and 

ø(4)¿(5) the term ‘‘child’’ means— 

(A) øan unmarried dependent child¿ a dependent child 

who is unmarried (and not in a domestic partnership) 

under 18 years of age, including (i) an adopted child, (ii) 

a stepchild but only if the stepchild lived with the employee, Member, or annuitant in a regular parent-child relationship, (iii) a recognized natural child, øand¿ (iv) a 

child who lived with and for whom a petition of adoption 

was filed by an employee, Member, or annuitant and who 

is adopted by the widow or widower (or surviving partner) 


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* As amended by bill section 332. 

of the employee, Member, or annuitant after the death of 

such employee, Member, or annuitant, and (v) a child of 

a domestic partner of an employee, Member, or annuitant 

(not adopted by the employee, Member, or annuitant), but 

only if— 

(I) the child lived with the employee, Member, or 

annuitant in a regular parent-child relationship; 

and 

(II) the employee, Member, or annuitant performed at least 18 months of service as a Federal 

employee; 

(B) such øunmarried dependent child¿ dependent child 

who is unmarried (and not in a domestic partnership) regardless of age who is incapable of self-support because of 

mental or physical disability incurred before age 18; or 

(C) such øunmarried dependent child¿ dependent child 

who is unmarried (and not in a domestic partnership) between 18 and 22 years of age who is a student regularly 

pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational 

institute, junior college, college, university, or comparable 

recognized educational institution. 

* * * * * * * 

§ 8442. Rights of a widow or widower (or surviving partner) *

(a)(1) Except as provided in subsection (g), if an annuitant dies 

and is survived by a widow or widower (or surviving partner), the 

widow or widower (or surviving partner) is entitled to an annuity 

equal to 50 percent of an annuity computed under section 8415 

with respect to the annuitant, (or one-half thereof, if designated for 

this purpose under section 8419 of this title), unless— 

(A) * * * 

(B) in the case of a marriage (or entry into a domestic partnership) after retirement, the annuitant did not file an election 

under section 8416(b) or (c), as the case may be. 

(2) A spouse (or domestic partner) acquired after retirement is 

entitled to an annuity under this subsection (as provided in paragraph (1)) only upon electing this annuity instead of any other survivor benefit to which such spouse (or domestic partner) may be entitled under this subchapter or section 8424 or under another retirement system for Government employees. 

(b)(1) If an employee or Member dies after completing at least 18 

months of civilian service creditable under section 8411 and is survived by a widow or widower (or surviving partner), the widow or 

widower (or surviving partner) is entitled to— 

(A) * * * 

* * * * * * * 

(2) The Office shall prescribe regulations under which the total 

amount payable to a widow or widower (or surviving partner) 

under paragraph (1)(A) may, at the election of the widow or widower (or surviving partner), be paid— 


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(A) * * * 

* * * * * * * 

(c)(1) If a former employee or Member dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for an annuity, and is survived by a widow or widower to whom married (or 

a surviving partner with whom in a domestic partnership) on the 

date of separation, the øwidow or widower¿ widow or widower (or 

a surviving partner) may elect to receive— 

(A) * * * 

(B) the lump-sum credit, if the øwidow or widower¿ widow 

or widower (or surviving partner) is the individual who would 

be entitled to the lump-sum credit and if such øwidow or widower¿ widow or widower (or surviving partner) files application 

therefor with the Office. 

(2)(A)(i) Subject to clause (ii) and subparagraph (B)(ii), the annuity of the øwidow or widower¿ widow or widower (or surviving 

partner) is equal to 50 percent of an annuity computed under section 8415 for the former employee or Member. 

(ii)(I) In computing an amount under section 8415 for a former 

employee or Member (described in subclause (II)) in order to compute the annuity for a øwidow or widower¿ widow or widower (or 

surviving partner) under this subsection, the computation under 

section 8415 shall be made as if the former employee or Member 

had attained the applicable minimum retirement age under section 

8412(h). 

* * * * * * * 

(B)(i) Notwithstanding the first sentence of subsection (d)(1), the 

annuity of the øwidow or widower¿ widow or widower (or surviving 

partner) of a former employee or Member under subparagraph 

(A)(ii) commences— 

(I) * * * 

(II) if the øwidow or widower¿ widow or widower (or surviving partner) so designates in the election, as of the day after 

the death of the former employee or Member. 

(ii) The present value of the annuity of a øwidow or widower¿ 

widow or widower (or surviving partner) who chooses the earlier 

commencement date under clause (i)(II) shall be actuarially equivalent to the present value of an annuity computed for the øwidow 

or widower¿ widow or widower (or surviving partner), determined 

as if the commencement date under clause (i)(I) were applicable. 

(3)(A) * * * 

(B) Nothing in this subsection shall be considered to affect the 

provisions of this chapter relating to a lump-sum credit in the case 

of the øwidow or widower¿ widow or widower (or surviving partner) 

of a former employee or Member who dies after completing less 

than 10 years of service. 

(d)(1) The annuity of a øwidow or widower¿ widow or widower 

(or surviving partner) under this section commences on the day 

after the death of the individual on whose service such annuity is 

based. This annuity and the right thereto terminate on the last day 

of the month before the øwidow or widower¿ widow or widower (or 

surviving partner)— 

(A) * * * 


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(B) except as provided in paragraph (3), remarries (or, in the 

case of a widow or widower, enters into a domestic partnership) 

(or, in the case of a surviving partner, enters into a subsequent 

domestic partnership or marries) before becoming 55 years of 

age. 

(2) In the case of a øwidow or widower¿ widow or widower (or 

surviving partner) whose annuity under this section is terminated 

because of øremarriage before¿ subsequent entry into a marriage 

(or domestic partnership) before becoming 55 years of age, the annuity shall be restored at the same rate commencing on the day 

the øremarriage is dissolved by death, divorce, or annulment,¿ subsequently entered marriage is dissolved by death, divorce, annulment (or subsequently entered domestic partnership is terminated), 

if— 

(A) the øwidow or widower¿ widow or widower (or surviving 

partner) elects to receive this annuity instead of any other survivor benefit to which such øwidow or widower¿ widow or widower (or surviving partner) may be entitled (under this subchapter or section 8424 or under another retirement system for 

Government employees) by reason of the øremarriage;¿ subsequently entered marriage (or domestic partnership); and 

* * * * * * * 

(3) Paragraph (1)(B) (relating to termination of a survivor annuity because of a øremarriage¿ subsequent entry into a marriage (or 

domestic partnership) before age 55) shall not apply if the øwidow 

or widower¿ widow or widower (or surviving partner) was married 

for at least 30 years to (or in a domestic partnership for at least 

30 years with) the individual on whose service the survivor annuity 

is based. 

(e) The requirement in paragraphs (1)(A) and (2)(A) of section 

8441 that the widow or widower (or surviving partner) of an annuitant, employee, or Member, or of a former employee or Member, 

have been married to (or in a domestic partnership with) such individual for at least 9 months immediately before the death of the 

individual in order to qualify as the widow or widower (or surviving 

partner) of such individual shall be deemed satisfied in any case in 

which the individual dies within the applicable 9-month period, if— 

(1) * * * 

ø(2) the surviving spouse of the individual had been previously married to such individual and subsequently divorced, 

and the aggregate time married is at least 9 months.¿ 

(2) the surviving spouse (or surviving domestic partner) of 

such individual had been previously married to (or in a domestic partnership with) the individual that was subsequently dissolved (or terminated), and the aggregate time married (or in 

a domestic partnership) is at least 9 months. 

* * * * * * * 

(g)(1) If the øwidow or widower¿ widow, widower, or surviving 

partner of an annuitant under section 8452 (hereinafter in this subsection referred to as a ‘‘disability annuitant’’) is determined under 

subsection (a) to be entitled to an annuity based on the service of 

such disability annuitant, the annuity of the øwidow or widower¿ 

widow, widower, or surviving partner shall be equal to 50 percent 

of the amount determined under paragraph (2) (or one-half thereof 


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120 

* As amended by bill section 333. 

if designated for this purpose under section 8419 of this title), rather than of the amount referred to in subsection (a). 

(2)(A) Except as provided in subparagraph (B), the amount on 

which the annuity of the øwidow or widower¿ widow, widower, or 

surviving partner of a disability annuitant is based shall be the 

amount of the annuity to which such disability annuitant was entitled, as computed under section 8452 (including appropriate reduction under subsection (a)(2) of such section and any adjustments 

under section 8462 allowed under section 8452), as of the day before the date of the disability annuitant’s death. 

(B)(i) In the case of a øwidow or widower¿ widow, widower, or 

surviving partner entitled to an annuity based on the service of a 

disability annuitant who dies before age 62, the amount under 

clause (ii) shall apply instead of the amount which would otherwise 

apply under subparagraph (A). 

* * * * * * * 

(h) The following rules shall apply notwithstanding any other 

provision of this section: 

(1) The annuity payable under this section to a øwidow or 

widower¿ widow or widower (or surviving partner) may not exceed the difference between— 

(A) the amount of the annuity which would otherwise be 

payable to such øwidow or widower¿ widow or widower (or 

surviving partner) under this section; and 

(B) the amount of the annuity payable to any former 

spouse(or former domestic partner) of the deceased employee, Member, or annuitant, or former employee or Member, based on an election made under section 8417(b) or a 

court order previously issued or agreement previously entered into as described in section 8445(a). 

(2) The amount payable under subsection (b)(1)(A) to a 

øwidow or widower¿ widow or widower (or surviving partner) 

may not exceed the difference between— 

(A) the amount which would otherwise be payable to 

such øwidow or widower¿ widow or widower (or surviving 

partner) under such subsection; and 

(B) the portion of such amount payable to any former 

spouse (or former domestic partner) of the deceased employee, Member, or annuitant, or former employee or Member, based on a court order previously issued or agreement 

previously entered into. 

§8443. Rights of a child *

(a) * * * 

* * * * * * * 

(b) The annuity of a child under this subchapter— 

(1) * * * 

* * * * * * * 

This annuity and the right thereto terminate on the last day of the 

month before the child— 


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* As amended by bill section 334. 

(A) * * * 

* * * * * * * 

ø(E) dies or marries; 

whichever occurs first. On the death of the surviving wife or husband, or former wife or husband, or termination of the annuity of 

a child, the annuity of any other child or children shall be recomputed and paid as though the wife or husband, former wife or husband, or child had not survived the annuitant, employee, or Member. If the annuity of a child under this subchapter terminates 

under subparagraph (E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month 

in which it ends, but only if any lump sum paid is returned to the 

Fund, and that individual is not otherwise ineligible for such annuity.¿ 

(E) dies or marries (or enters into a domestic partnership); 

whichever occurs first. On the death of the surviving wife or husband (or surviving domestic partner), or former wife or husband (or 

former domestic partner), or termination of the annuity of a child, 

the annuity of any other child or children shall be recomputed and 

paid as though the wife or husband (or domestic partner), former 

wife or husband (or former domestic partner), or child had not survived the annuitant, employee, or Member. If the annuity of a child 

under this subchapter terminates under subparagraph (E) because 

of marriage (or domestic partnership), then, if such marriage (or domestic partnership) ends, such annuity shall resume on the first day 

of the month in which it ends, but only if any lump sum paid is 

returned to the Fund, and that individual is not otherwise ineligible 

for such annuity. 

* * * * * * * 

§ 8445. Rights of a former spouse (or former domestic partner) *

(a) Subject to subsections (b) through (e), a former spouse (or 

former domestic partner) of a deceased employee, Member, or annuitant (or of a former employee or Member who dies after having 

separated from the service with title to a deferred annuity under 

section 8413 but before having established a valid claim for annuity) is entitled to an annuity under this section, if and to the extent 

expressly provided for in an election under section 8417(b), or, in 

the case of a former spouse, in the terms of any decree of divorce 

or annulment or any court order or court-approved property settlement agreement incident to such decree. 

(b)(1) The annuity payable to a former spouse (or former domestic 

partner) under this section may not exceed the difference between— 

(A) the amount applicable in the case of such former spouse 

(or former domestic partner), as determined under paragraph 

(2); and 

(B) the amount of any annuity payable under this section to 

any other former spouse (or former domestic partner) of the 

employee, Member, or annuitant, or former employee or MemVerDate Mar 15 2010 21:10 Dec 30, 2010 Jkt 062622 PO 00000 Frm 00123 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

pwalker on DSKD5P82C1PROD with HEARING
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ber, based on an election previously made under section 

8417(b), or a court order previously issued or agreement previously entered into as described in subsection (a). 

(2) The applicable amount, for purposes of paragraph (1)(A) in 

the case of a former spouse (or former domestic partner), is the 

amount of the annuity which would be payable under the provisions of section 8442 (including subsection (f) of such section, but 

without regard to subsection (h) of such section) if such former 

spouse (or former domestic partner) were a widow or widower (or 

surviving partner) entitled to an annuity under such provisions 

based on the service of the deceased employee, Member, or annuitant, or former employee or Member. 

(c) The commencement and termination of an annuity payable 

under this section shall be governed by the terms of the applicable 

order, decree, agreement, or election, as the case may be, except 

that any such annuity— 

(1) * * * 

(2) except as provided in subsection (h), shall terminate no 

later than the last day of the month before the former spouse 

remarries (or enters into a domestic partnership) (or the former 

domestic partner enters into a subsequent domestic partnership 

or marries) before becoming 55 years of age or dies. 

* * * * * * * 

(e) For purposes of this chapter, a decree, order, agreement, or 

election referred to in subsection (a) shall not be effective, in the 

case of a former spouse (or former domestic partner), to the extent 

that it is inconsistent with any joint waiver previously executed 

with respect to such former spouse (or former domestic partner) 

under section 8416(a). 

* * * * * * * 

ø(h)(1) Subsection (c)(2) (to the extent that it provides for termination of a survivor annuity because of a remarriage before age 55) 

shall not apply if the former spouse was married for at least 30 

years to the individual on whose service the survivor annuity is 

based. 

ø(2) A remarriage described in paragraph (1) shall not be taken 

into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter which the Office may by regulation identify 

in order to carry out the purposes of this subsection.¿ 

(h)(1) Subsection (c)(2), to the extent that it provides for termination of a survivor annuity because of a subsequent entry into a 

marriage (or domestic partnership) before age 55, shall not apply if 

the former spouse (or former domestic partner) was married to (or 

in a domestic partnership with) the individual on whose service the 

survivor annuity is based for at least 30 years. 

(2) A subsequent entry into a marriage (or domestic partnership) 

described in paragraph (1) shall not be taken into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter 

which the Director may by regulation identify in order to carry out 

the purposes of this subsection. 

* * * * * * * 


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* As amended by bill § 341. 

† As amended by bill § 342. 

Subchapter VI—General and Administrative Provisions 

§ 8461. Authority of the Office of Personnel Management *

(a) * * * 

* * * * * * * 

(j)(1) Notwithstanding any other provision of this chapter, the Director of Central Intelligence shall, in a manner consistent with the 

administration of this chapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence— 

(A) * * * 

* * * * * * * 

(D) collect deposits to the Fund made by øsuch employees, 

their spouses, their former spouses, and their survivors¿ such 

employees and their spouses (and domestic partners), former 

spouses (and former domestic partners), and survivors; 

* * * * * * * 

§ 8462. Cost-of-living adjustments †

(a) * * * 

* * * * * * * 

(c) Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the 

Fund as of the effective date of an increase, except as follows: 

(1) * * * 

(2) Effective from its commencing date, an annuity payable 

from the Fund to an annuitant’s øsurvivor (other than a widow 

or widower whose annuity is computed under section 8442(g) 

or a child under section 8443)¿ survivor, other than a widow 

or widower (or surviving partner) whose annuity is computed 

under section 8442(g) or a child under section 8443, shall be increased by the total percentage by which the deceased annuitant’s annuity had been increased under this section during 

the period beginning on the date the deceased annuitant’s annuity commenced and ending on the date of the deceased annuitant’s death. 

* * * * * * * 

(4) The first increase (if any) made under subsection (b) to 

an annuity which is payable from the Fund to a widow or widower (or surviving partner) whose annuity is computed under 

section 8442(g) shall be equal to the product (adjusted to the 

nearest one-tenth of 1 percent) of— 

(A) * * * 

(B) the number of months (not to exceed 12 months, 

counting any portion of a month as a month) since— 

(i) the effective date of the adjustment last made 

under this section in the annuity of the annuitant on 

whose service on the widow’s or widower’s (or surviving partner’s) annuity is based; or 

* * * * * * * 


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* As amended by bill section 351. 

* As amended by bill section 401(a)(1). 

† As amended by bill section 401(a)(2). 

Subchapter VII—Federal Retirement Thrift Investment 

Management System 

* * * * * * * 

§ 8477. Fiduciary responsibilities; liability and penalties *

(a) For the purposes of this section— 

(1) * * * 

* * * * * * * 

(4) the term ‘‘party in interest’’ includes— 

(A) * * * 

* * * * * * * 

ø(F) a spouse, sibling, ancestor, lineal descendant, or 

spouse of a lineal descendant of a person described in subparagraph (A), (B), or (D);¿ 

(F) a spouse (or domestic partner), sibling, ancestor, lineal descendant, or spouse (or domestic partner) of a lineal 

descendant of a person described in subparagraph (A), (B), 

or (D); 

* * * * * * * 

CHAPTER 87—LIFE INSURANCE 

§ 8701. Definitions *

(a) * * * 

* * * * * * * 

(d)(1) For the purpose of this chapter, ‘‘family member’’, when 

used with respect to any individual, means— 

(A) the spouse (or domestic partner) of the individual; and 

(B) an unmarried dependent child of the individual (other 

than a stillborn child), including an adopted child, stepchild (or 

child of the individual’s domestic partner) or foster child (but 

only if the stepchild (or child of the individual’s domestic partner) or foster child lived with the individual in a regular parent-child relationship), or recognized natural child— 

(i) * * * 

* * * * * * * 

(3) For the purpose of this subsection, ‘‘domestic partner’’ has the 

meaning given under section 2501. 

* * * * * * * 

§ 8705. Death claims; order of precedence; escheat †

(a) Except as provided in subsection (e), the amount of group life 

insurance and group accidental death insurance in force on an employee at the date of his death shall be paid, on the establishment 

of a valid claim, to the person or persons surviving at the date of 

his death, in the following order of precedence: 

First, to the beneficiary or beneficiaries designated by the employee in a signed and witnessed writing received before death in 


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* As amended by bill section 401(a)(3). 

† As amended by bill section 402(a). 

the employing office or, if insured because of receipt of annuity or 

of benefits under subchapter I of chapter 81 of this title as provided 

by section 8706(b) of this title, in the Office of Personnel Management. For this purpose, a designation, change, or cancellation of 

beneficiary in a will or other document not so executed and filed 

has no force or effect. 

Second, if there is no designated beneficiary, to the widow or 

widower (or surviving domestic partner) of the employee. 

Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation. 

Fourth, if none of the above, to the parents of the employee or 

the survivor of them. 

Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee. 

Sixth, if none of the above, to other next of kin of the employee 

entitled under the laws of the domicile of the employee at the date 

of his death. 

* * * * * * * 

§ 8714c. Optional life insurance on family members *

(a) * * * 

(b)(1) The optional life insurance on family members provided 

under this section shall be made available to each eligible employee 

who has elected coverage under this section, under conditions the 

Office shall prescribe, in multiples, at the employee’s election, of 1, 

2, 3, 4, or 5 times— 

(A) $5,000 for a øspouse;¿ spouse (or domestic partner); and 

* * * * * * * 

CHAPTER 89—HEALTH INSURANCE 

* * * * * * * 

§ 8901. Definitions †

For the purpose of this chapter— 

(1) * * * 

* * * * * * * 

(5) ‘‘member of family’’ means the spouse of an employee or 

annuitant (or the domestic partner of a Federal employee or of 

a Federal annuitant) and an unmarried dependent child under 

22 years of age, including— 

(A) an adopted child or recognized natural child; øand¿ 

(B) a stepchild or foster child but only if the child lives 

with the employee or annuitant in a regular parent-child 

relationship; and 

(C) a child of the domestic partner of a Federal employee 

or of a Federal annuitant, unless adopted by such individual, but only if the child lives with the Federal employee 

or Federal annuitant in a regular parent-child relationship; 

* * * * * * * 

(8) ‘‘employee organization’’ means— 


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(A) * * * 

(B) an association or other organization which is national in scope, in which membership is open only to employees, annuitants, øor former spouses,¿ former spouses 

(or former domestic partners), or any combination thereof, 

and which, during the 90-day period beginning on the date 

of enactment of section 8903a of this title, applied to the 

Office for approval of a plan provided under such section; 

* * * * * * * 

(10) ‘‘former spouse’’ means a former spouse of an employee, 

former employee, or annuitant— 

(A) who has not remarried (or entered into a domestic 

partnership) before age 55 after the marriage to the employee, former employee, or annuitant was dissolved, 

* * * * * * * 

except that such term shall not include any such unremarried 

former spouse of a former employee whose marriage was dissolved 

after the former employee’s separation from the service (other than 

by retirement); øand¿ 

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

(A) whose domestic partnership with an employee, former 

employee, or Federal annuitant has terminated, 

(B) who has not entered into another domestic partnership (or married) before age 55 after the domestic partnership to the employee, former employee, or annuitant was 

terminated, 

(C) who was enrolled in an approved health benefits plan 

under this chapter as a family member at any time during 

the 18-month period before the date of the termination of 

the domestic partnership to the employee, former employee, 

or annuitant, and 

(D)(i) who is receiving any portion of a survivor annuity 

under section 8341(h) or 8445 (or benefits similar to either 

of the aforementioned annuity benefits under a retirement 

system for Government employees other than the Civil Service Retirement System or the Federal Employees’ Retirement System), 

(ii) for whom an election has been made under section 

8339(j)(3) or 8417(b) (or similar provision of law), or 

(iii) who is otherwise entitled to an annuity or any portion of an annuity as a former domestic partner under a retirement system for Government employees, 

except that such term shall not include any such former domestic 

partner (who has not entered into another domestic partnership) of 

a former employee whose domestic partnership was terminated after 

the former employee’s separation from the service (other than by retirement); 

ø(11)¿(12) ‘‘qualified clinical social worker’’ means an individual— 

(A) * * * 

(B) who, if such State does not provide for the licensing 

or certification of clinical social workers— 

(i) * * * 


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* As amended by bill section 402(b). 

(ii) meets equivalent requirements (as prescribed by 

the Office)ø.¿; and 

(13) ‘‘domestic partner’’ and ‘‘domestic partnership’’ have the 

meanings given under section 2501; 

(14) ‘‘Federal employee’’ means an elected official of the 

United States or an employee of any entity of the United States; 

and 

(15) ‘‘Federal annuitant’’ means an annuitant whose service 

consists of at least 18 months as a Federal employee. 

* * * * * * * 

§ 8902. Contracting authority *

(a) * * * 

* * * * * * * 

(g) A contract may not be made or a plan approved which does 

not offer to each employee, annuitant, family member, øformer 

spouse,¿ former spouse (or former domestic partner), or person having continued coverage under section 8905a of this title whose enrollment in the plan is ended, except by a cancellation of enrollment, a temporary extension of coverage during which he may exercise the option to convert, without evidence of good health, to a 

nongroup contract providing health benefits. An employee, annuitant, family member, øformer spouse,¿ former spouse (or former 

domestic partner), or person having continued coverage under section 8905a of this title who exercises this option shall pay the full 

periodic charges of the nongroup contract. 

* * * * * * * 

(j) Each contract under this chapter shall require the carrier to 

agree to pay for or provide a health service or supply in an individual case if the Office finds that the employee, annuitant, family 

member, øformer spouse,¿ former spouse (or former domestic partner), or person having continued coverage under section 8905a of 

this title is entitled thereto under the terms of the contract. 

(k)(1) When a contract under this chapter requires payment or 

reimbursement for services which may be performed by a clinical 

psychologist, optometrist, nurse midwife, nursing school administered clinic, or nurse practitioner/clinical specialist, licensed or certified as such under Federal or State law, as applicable, or by a 

qualified clinical social worker as defined in section 8901(11), an 

employee, annuitant, family member, øformer spouse,¿ former 

spouse (or former domestic partner), or person having continued 

coverage under section 8905a of this title covered by the contract 

shall be free to select, and shall have direct access to, such a clinical psychologist, qualified clinical social worker, optometrist, nurse 

midwife, nursing school administered clinic, or nurse practitioner/ 

nurse clinical specialist without supervision or referral by another 

health practitioner and shall be entitled under the contract to have 

payment or reimbursement made to him or on his behalf for the 

services performed. 

* * * * * * * 


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† As amended by bill section 402(c). 

* As amended by bill section 402(d). 

† As amended by bill section 402(e). 

§ 8902a. Debarment and other sanctions †

(a)(1) For the purpose of this section— 

(A) * * * 

(B) the term ‘‘individual covered under this chapter’’ or ‘‘covered individual’’ means an employee, annuitant, family member, or former spouse (or former domestic partner) covered by 

a health benefits plan described by section 8903 or 8903a; 

* * * * * * * 

§ 8903. Health benefits plans *

The Office of Personnel Management may contract for or approve 

the following health benefits plans: 

(1) SERVICE BENEFIT PLAN.—One Government-wide plan, 

which may be underwritten by participating affiliates licensed 

in any number of States, offering two levels of benefits, under 

which payment is made by a carrier under contracts with physicians, hospitals, or other providers of health services for benefits of the types described by section 8904(1) of this title given 

to employees, annuitants, members of their families, øformer 

spouses,¿ former spouses (or former domestic partners), or persons having continued coverage under section 8905a of this 

title, or, under certain conditions, payment is made by a carrier to the employee, annuitant, family member, øformer 

spouse,¿ former spouse (or former domestic partner), or person 

having continued coverage under section 8905a of this title. 

* * * * * * * 

§ 8905. Election of coverage †

(a) * * * 

* * * * * * * 

(c)(1) * * * 

* * * * * * * 

(3) The Office shall prescribe regulations to ensure that, in the administration of this subsection, parity of treatment is afforded— 

(A) to former spouses and former domestic partners; and 

(B) to the children of a marriage that has been dissolved and 

the children of a domestic partnership that has been terminated. 

* * * * * * * 

(e) If an employee, annuitant, or other individual eligible to enroll in a health benefits plan under this chapter has a spouse (or 

domestic partner) who is also eligible to enroll, øeither spouse,¿ either spouse (or either domestic partner, as the case may be), but not 

both, may enroll for self and family, or each spouse may enroll as 

an individual. However, an individual may not be enrolled both as 

an employee, annuitant, or other individual eligible to enroll and 

as a member of the family. 

(f) An employee, annuitant, øformer spouse,¿ former spouse (or 

former domestic partner), or person having continued coverage 


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* As amended by bill section 402(f). 

* As amended by bill section 402(g). 

under section 8905a of this title enrolled in a health benefits plan 

under this chapter may change his coverage or that of himself and 

members of his family by an application filed within 60 days after 

a change in family status or at other times and under conditions 

prescribed by regulations of the Office. 

(g)(1) Under regulations prescribed by the Office, the Office shall, 

before the start of any contract term in which— 

* * * * * * * 

provide a period of not less than 3 weeks during which any employee, annuitant, øformer spouse,¿ former spouse (or former domestic partner), or person having continued coverage under section 

8905a of this title enrolled in a health benefits plan described by 

such section shall be permitted to transfer that individual’s enrollment to another such plan or to cancel such enrollment. 

(2) In addition to any opportunity afforded under paragraph (1) 

of this subsection, an employee, annuitant, øformer spouse,¿ former 

spouse (or former domestic partner), or person having continued 

coverage under section 8905a of this title enrolled in a health benefits plan under this chapter shall be permitted to transfer that individual’s enrollment to another such plan, or to cancel such enrollment, at such other times and subject to such conditions as the Office may prescribe in regulations. 

* * * * * * * 

§ 8905a. Continued coverage*

(a) * * * 

* * * * * * * 

(g) The Office shall prescribe regulations to ensure that, in the administration of this section, parity of treatment is afforded— 

(1) to former spouses and former domestic partners; and 

(2) to the children of a marriage that has been dissolved and 

the children of a domestic partnership that has been terminated. 

* * * * * * * 

§ 8908. Coverage of restored employees and survivor or disability annuitants *

(a) * * * 

(b) A surviving spouse whose survivor annuity under this title 

was terminated because of øremarriage and is later restored¿ having entered into a subsequent marriage (or domestic partnership) 

and is later restored (or a surviving domestic partner whose survivor annuity under this title was terminated because of having entered into a subsequent domestic partnership or a marriage and is 

later restored) may, under such regulations as the Office of Personnel Management may prescribe, enroll in a health benefits plan 

described by section 8903 or 8903a of this title if such spouse was 

covered by any such plan immediately before such annuity was terminated. 

* * * * * * * 


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† As amended by bill section 402(h). 

‡ As amended by bill section 402(i). 

* As amended by bill section 403(a)(1). 

§ 8909. Employees Health Benefits Fund†

(a) * * * 

* * * * * * * 

(d) When the assets, liabilities, and membership of employee organizations sponsoring or underwriting plans approved under section 8903(3) or 8903a of this title are merged, the assets (including 

contingency reserves) and liabilities of the plans sponsored or underwritten by the merged organizations shall be transferred at the 

beginning of the contract term next following the date of the merger to the plan sponsored or underwritten by the successor organization. Each employee, annuitant, øformer spouse,¿ former spouse (or 

former domestic partner), or person having continued coverage 

under section 8905a of this title affected by a merger shall be 

transferred to the plan sponsored or underwritten by the successor 

organization unless he enrolls in another plan under this chapter. 

If the successor organization is an organization described in section 

8901(8)(B) of this title, any employee, annuitant, øformer spouse,¿ 

former spouse (or former domestic partner), or person having continued coverage under section 8905a of this title so transferred may 

not remain enrolled in the plan after the end of the contract term 

in which the merger occurs unless that individual is a full member 

of such organization (as determined under section 8903a(d) of this 

title). 

* * * * * * * 

§ 8913. Regulations ‡

(a) * * * 

* * * * * * * 

(c) The regulations of the Office shall provide for the beginning 

and ending dates of coverage of employees, annuitants, members of 

their families, and former spouses (and former domestic partners) 

under health benefit plans. The regulations may permit the coverage to continue, exclusive of the temporary extension of coverage 

described by section 8902(g) of this title, until the end of the pay 

period in which an employee is separated from the service, or until 

the end of the month in which an annuitant or former spouse (or 

former domestic partner) ceases to be entitled to annuity, and in 

case of the death of an employee or annuitant, may permit a temporary extension of the coverage of members of his family for not 

to exceed 90 days. 

* * * * * * * 

CHAPTER 89A—ENHANCED DENTAL BENEFITS 

* * * * * * * 

§ 8956. Election of coverage *

(a) An eligible individual may enroll in a dental benefits plan for 

self-only, self plus one, or for self and family. If an eligible individual has a spouse or domestic partner who is also eligible to enVerDate Mar 15 2010 21:10 Dec 30, 2010 Jkt 062622 PO 00000 Frm 00132 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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† As amended by bill section 403(a)(2). 

‡ As amended by bill section 404(a)(1). 

* As amended by bill section 404(a)(2). 

† As amended by bill section 405(a)(1). 

roll, øeither spouse,¿ either spouse (or either domestic partner, as 

the case may be), but not both, may enroll for self plus one or self 

and family. An individual may not be enrolled both as an employee, 

annuitant, or other individual eligible to enroll and as a member 

of the family. 

* * * * * * * 

§ 8957. Coverage of restored survivor or disability annuitants †

A øsurviving spouse,¿ surviving spouse (or surviving domestic 

partner), disability annuitant, or surviving child whose annuity is 

terminated and is later restored, may continue enrollment in a 

dental benefits plan subject to the terms and conditions prescribed 

in regulations issued by the Office. 

* * * * * * * 

CHAPTER 89B—ENHANCED VISION BENEFITS 

* * * * * * * 

§ 8986. Election of coverage ‡

(a) An eligible individual may enroll in a vision benefits plan for 

self-only, self plus one, or for self and family. If an eligible individual has a spouse (or domestic partner) who is also eligible to enroll, øeither spouse,¿ either spouse (or either domestic partner, as 

the case may be), but not both, may enroll for self plus one or self 

and family. An individual may not be enrolled both as an employee, 

annuitant, or other individual eligible to enroll and as a member 

of the family. 

* * * * * * * 

§ 8987. Coverage of restored survivor or disability annuitants *

A øsurviving spouse,¿ surviving spouse (or surviving domestic 

partner), disability annuitant, or surviving child whose annuity is 

terminated and is later restored, may continue enrollment in a vision benefits plan subject to the terms and conditions prescribed in 

regulations issued by the Office. 

* * * * * * * 

CHAPTER 90—LONG-TERM CARE INSURANCE 

* * * * * * * 

§ 9001. Definitions †

For purposes of this chapter: 

(1) * * * 

* * * * * * * 

(5) QUALIFIED RELATIVE.—The term ‘‘qualified relative’’ 

means each of the following: 


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* As amended by bill section 405(a)(2). 

† As amended by bill section 801(b)(2)(A)(i). 

(A) * * * 

* * * * * * * 

(D)(i) a domestic partner (as that term is defined in section 2501) of a Federal employee (as that term is defined 

in section 8901), of an individual described in subparagraph (B), (C), or (D) of paragraph (1), or of an annuitant 

whose service (as that term is defined in section 8901) consists of at least 18 months as a Federal employee; 

(ii) a child of a domestic partner referred to in clause (i), 

if such child is at least 18 years of age; and 

(iii) a parent of a domestic partner referred to in clause 

(i). 

ø(D)¿ (E) An individual having such other relationship 

to an individual described in paragraph (1), (2), (3), or (4) 

as the Office may by regulation prescribe. 

* * * * * * * 

§ 9002. Availability of insurance *

(a) * * * 

* * * * * * * 

(e) UNDERWRITING STANDARDS.— 

(1) * * * 

(2) øSPOUSAL PARITY¿ PARITY FOR SPOUSE (OR DOMESTIC

PARTNER).—For the purpose of underwriting standards, a 

spouse (or domestic partner) of an individual described in paragraph (1), (2), (3), or (4) of section 9001 shall, as nearly as 

practicable, be treated like that individual. 

* * * * * * * 

TITLE 5—APPENDIX 

* * * * * * * 

ETHICS IN GOVERNMENT ACT OF 1978 

* * * * * * * 

TITLE I—FINANCIAL DISCLOSURE 

REQUIREMENTS OF FEDERAL PERSONNEL 

§ 101. Persons required to file †

(a) * * * 

* * * * * * * 

(f) The officers and employees referred to in subsections (a), (d), 

and (e) are— 

(1) * * * 

* * * * * * * 


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* As amended by bill section 801(a). 

(9) a Member of Congress as defined under øsection 109(12)¿ 

section 109(13); 

(10) an officer or employee of the Congress as defined under 

øsection 109(13)¿ section 109(14); 

(11) a judicial officer as defined under øsection 109(10)¿ section 109(11); and 

(12) a judicial employee as defined under øsection 109(8)¿ 

section 109(9). 

* * * * * * * 

§ 102. Contents of reports *

(a) Each report filed pursuant to section 101(d) and (e) shall include a full and complete statement with respect to the following: 

(1) * * * 

(2)(A) The identity of the source, a brief description, and the 

value of all gifts aggregating more than the minimal value as 

established by section 7342(a)(5) of title 5, United States Code, 

or $250, whichever is greater, received from any source other 

than a relative (or the domestic partner or a parent, child, or 

sibling of the domestic partner) of the reporting individual during the preceding calendar year, except that any food, lodging, 

or entertainment received as personal hospitality of an individual need not be reported, and any gift with a fair market 

value of $100 or less, as adjusted at the same time and by the 

same percentage as the minimal value is adjusted, need not be 

aggregated for purposes of this subparagraph. 

* * * * * * * 

(3) The identity and category of value of any interest in property held during the preceding calendar year in a trade or business, or for investment or the production of income, which has 

a fair market value which exceeds $1,000 as of the close of the 

preceding calendar year, excluding any personal liability owed 

to the reporting individual by a øspouse, or by a parent, brother, sister, or child of the reporting individual or of the reporting individual’s spouse,¿ spouse (or domestic partner), or by a 

parent, brother, sister, or child of the reporting individual or of 

the reporting individual’s spouse (or of the reporting individual’s domestic partner), or any deposits aggregating $5,000 or 

less in a personal savings account. For purposes of this paragraph, a personal savings account shall include any certificate 

of deposit or any other form of deposit in a bank, savings and 

loan association, credit union, or similar financial institution. 

(4) The identity and category of value of the total liabilities 

owed to any creditor other than a øspouse, or a parent, brother, sister, or child of the reporting individual or of the reporting individual’s spouse¿ spouse (or domestic partner), or a parent, brother, sister, or child of the reporting individual or of the 

reporting individual’s spouse (or of the reporting individual’s 

domestic partner), which exceed $10,000 at any time during the 

preceding calendar year, excluding— 


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(A) any mortgage secured by real property which is a 

personal residence of the reporting individual or his spouse 

(or domestic partner); and 

* * * * * * * 

(5) Except as provided in this paragraph, a brief description, 

the date, and category of value of any purchase, sale or exchange during the preceding calendar year which exceeds 

$1,000— 

(A) in real property, other than property used solely as 

a personal residence of the reporting individual or his 

spouse (or domestic partner); or 

* * * * * * * 

Reporting is not required under this paragraph of any transaction 

solely by and between the reporting individual, his spouse (or domestic partner), or dependent children. 

* * * * * * * 

(e)(1) Except as provided in the last sentence of this paragraph, 

each report required by section 101 shall also contain information 

listed in paragraphs (1) through (5) of subsection (a) of this section 

respecting the spouse (or domestic partner) or dependent child of 

the reporting individual as follows: 

(A) The source of items of earned income earned by a spouse 

(or domestic partner) from any person which exceed $1,000 and 

the source and amount of any honoraria received by a spouse 

(or domestic partner), except that, with respect to earned income (other than honoraria), if the spouse (or domestic partner) 

is self-employed in business or a profession, only the nature of 

such business or profession need be reported. 

(B) All information required to be reported in subsection 

(a)(1)(B) with respect to income derived by a spouse (or domestic partner) or dependent child from any asset held by the 

spouse (or domestic partner) or dependent child and reported 

pursuant to subsection (a)(3). 

(C) In the case of any gifts received by a spouse (or domestic 

partner) or dependent child which are not received totally independent of the relationship of the spouse (or domestic partner) 

or dependent child to the reporting individual, the identity of 

the source and a brief description of gifts of transportation, 

lodging, food, or entertainment and a brief description and the 

value of other gifts. 

(D) In the case of any reimbursements received by a spouse 

(or domestic partner) or dependent child which are not received 

totally independent of the relationship of the spouse (or domestic partner) or dependent child to the reporting individual, the 

identity of the source and a brief description of each such reimbursement. 

(E) In the case of items described in paragraphs (3) through 

(5) of subsection (a), all information required to be reported 

under these paragraphs other than items (i) which the reporting individual certifies represent the spouse’s (or domestic partner’s) or dependent child’s sole financial interest or responsibility and which the reporting individual has no knowledge of, 

(ii) which are not in any way, past or present, derived from the 


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income, assets, or activities of the reporting individual, and (iii) 

from which the reporting individual neither derives, nor expects to derive, any financial or economic benefit. 

(F) For purposes of this section, categories with amounts or 

values greater than $1,000,000 set forth in sections 

102(a)(1)(B) and 102(d)(1) shall apply to the income, assets, or 

liabilities of spouses (and domestic partners) and dependent 

children only if the income, assets, or liabilities are held jointly 

with the reporting individual. All other income, assets, or liabilities of the spouse (or domestic partner) or dependent children required to be reported under this section in an amount 

or value greater than $1,000,000 shall be categorized only as 

an amount or value greater than $1,000,000. 

Reports required by subsections (a), (b), and (c) of section 101 shall, 

with respect to the spouse (or domestic partner) and dependent 

child of the reporting individual, only contain information listed in 

paragraphs (1), (3), and (4) of subsection (a), as specified in this 

paragraph. 

(2) No report shall be required with respect to a spouse living 

separate and apart from the reporting individual with the intention 

of terminating the marriage or providing for permanent separation; 

or with respect to any income or obligations of an individual arising 

from the dissolution of his marriage or the permanent separation 

from his spouse (or the termination of the reporting individual’s domestic partnership). 

(f)(1) Except as provided in paragraph (2), each reporting individual shall report the information required to be reported pursuant to subsections (a), (b), and (c) of this section with respect to the 

holdings of and the income from a trust or other financial arrangement from which income is received by, or with respect to which 

a beneficial interest in principal or income is held by, such individual, his spouse (or domestic partner), or any dependent child. 

(2) A reporting individual need not report the holdings of or the 

source of income from any of the holdings of— 

(A) * * * 

(B) a trust— 

(i) which was not created directly by such individual, his 

spouse (or domestic partner), or any dependent child, and 

(ii) the holdings or sources of income of which such individual, his spouse (or domestic partner), and any dependent child have no knowledge of; or 

* * * * * * * 

but such individual shall report the category of the amount of income received by him, his spouse (or domestic partner), or any dependent child from the trust or other entity under subsection 

(a)(1)(B) of this section. 

(3) For purposes of this subsection, the term ‘‘qualified blind 

trust’’ includes any trust in which a reporting individual, his 

spouse (or domestic partner), or any minor or dependent child has 

a beneficial interest in the principal or income, and which meets 

the following requirements: 

(A) * * * 

* * * * * * * 


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* As amended by bill section 801(b)(2)(A)(ii). 

† As amended by bill section 801(b)(1). 

(E) For purposes of this subsection, ‘‘interested party’’ means 

a reporting individual, his spouse (or domestic partner), and 

any minor or dependent child; ‘‘broker’’ has the meaning set 

forth in section 3(a)(4) of the Securities and Exchange Act of 

1934 (15 U.S.C. 78c(a)(4)); and ‘‘investment adviser’’ includes 

any investment adviser who, as determined under regulations 

prescribed by the supervising ethics office, is generally involved in his role as such an adviser in the management or 

control of trusts. 

* * * * * * * 

(4)(A) * * * 

(B)(i) The provisions of subparagraph (A) shall not apply with respect to a trust created for the benefit of a reporting individual, or 

the spouse (or domestic partner), dependent child, or minor child of 

such a person, if the supervising ethics office for such reporting individual finds that— 

* * * * * * * 

§ 105. Custody of and public access to reports *

(a) * * * 

(b)(1) * * * 

* * * * * * * 

(3)(A) This section does not require the immediate and unconditional availability of reports filed by an individual described in 

øsection 109(8) or 109(10)¿ section 109(9) or (11) of this Act if a 

finding is made by the Judicial Conference, in consultation with 

United States Marshal Service, that revealing personal and sensitive information could endanger that individual or a family member of that individual. 

* * * * * * * 

§ 109. Definitions †

For the purposes of this title, the term— 

(1) * * * 

(2) ‘‘dependent child’’ means, when used with respect to any 

reporting individual, any individual who is a son, daughter, 

stepson, or stepdaughter (or who is a son or daughter of the reporting individual’s domestic partner) and who— 

(A) is øunmarried¿ not married (and not in a domestic 

partnership) and under age 21 and is living in the household of such reporting individual; or 

(B) is a dependent of such reporting individual within 

the meaning of section 152 of the Internal Revenue Code 

of 1986 ø26 U.S.C. 152¿ (or, in the case of a son or daughter of the reporting individual’s domestic partner, would be 

a dependent within the meaning of such section if the requirements of subsections (c)(1)(A) and (d)(1)(A) of such section were disregarded); 

(3) * * * 


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(4) ‘‘domestic partner’’ and ‘‘domestic partnership’’ have the 

meanings given under section 2501 of title 5, United States 

Code. 

ø(4)¿(5) ‘‘executive branch’’ includes each Executive agency 

(as defined in section 105 of title 5, United States Code), other 

than the Government Accountability Office, and any other entity or administrative unit in the executive branch; 

ø(5)¿(6) ‘‘gift’’ means a payment, advance, forbearance, rendering, or deposit of money, or any thing of value, unless consideration of equal or greater value is received by the donor, 

but does not include— 

(A) * * * 

* * * * * * * 

ø(6)¿(7) ‘‘honoraria’’ has the meaning given such term in section 505 of this Act; 

ø(7)¿(8) ‘‘income’’ means all income from whatever source derived, including but not limited to the following items: compensation for services, including fees, commissions, and similar 

items; gross income derived from business (and net income if 

the individual elects to include it); gains derived from dealings 

in property; interest; rents; royalties; dividends; annuities; income from life insurance and endowment contracts; pensions; 

income from discharge of indebtedness; distributive share of 

partnership income; and income from an interest in an estate 

or trust; 

ø(8)¿(9) ‘‘judicial employee’’ means any employee of the judicial branch of the Government, of the United States Sentencing 

Commission, of the Tax Court, of the Court of Federal Claims, 

of the Court of Appeals for Veterans Claims, or of the United 

States Court of Appeals for the Armed Forces, who is not a judicial officer and who is authorized to perform adjudicatory 

functions with respect to proceedings in the judicial branch, or 

who occupies a position for which the rate of basic pay is equal 

to or greater than 120 percent of the minimum rate of basic 

pay payable for GS–15 of the General Schedule; 

ø(9)¿(10) ‘‘Judicial Conference’’ means the Judicial Conference of the United States; 

ø(10)¿(11) ‘‘judicial officer’’ means the Chief Justice of the 

United States, the Associate Justices of the Supreme Court, 

and the judges of the United States courts of appeals, United 

States district courts, including the district courts in Guam, 

the Northern Mariana Islands, and the Virgin Islands, Court 

of Appeals for the Federal Circuit, Court of International 

Trade, Tax Court, Court of Federal Claims, Court of Appeals 

for Veterans Claims, United States Court of Appeals for the 

Armed Forces, and any court created by Act of Congress, the 

judges of which are entitled to hold office during good behavior; 

ø(11)¿(12) ‘‘legislative branch’’ includes— 

(A) * * * 

* * * * * * * 

ø(12)¿(13) ‘‘Member of Congress’’ means a United States Senator, a Representative in Congress, a Delegate to Congress, or 

the Resident Commissioner from Puerto Rico; 

ø(13)¿(14) ‘‘officer or employee of the Congress’’ means— 


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* As amended by bill section 801(c). 

(A) * * * 

* * * * * * * 

ø(14)¿(15) ‘‘personal hospitality of any individual’’ means 

hospitality extended for a nonbusiness purpose by an individual, not a corporation or organization, at the personal residence of that individual or his family or on property or facilities owned by that individual or his family; 

ø(15)¿(16) ‘‘reimbursement’’ means any payment or other 

thing of value received by the reporting individual, other than 

gifts, to cover travel-related expenses of such individual other 

than those which are— 

(A) * * * 

* * * * * * * 

ø(16)¿(17) ‘‘relative’’ means an individual who is related to 

the reporting individual, as father, mother, son, daughter, 

brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, 

grandson, granddaughter, father-in-law, mother-in-law, son-inlaw, daughter-in-law, brother-in-law, sister-in-law, stepfather, 

stepmother, stepson, stepdaughter, stepbrother, stepsister, half 

brother, half sister, or who is the grandfather or grandmother 

of the spouse of the reporting individual, and shall be deemed 

to include the fiance or fiancee of the reporting individual; 

ø(17)¿(18) ‘‘Secretary concerned’’ has the meaning set forth 

in section 101(a)(9) of title 10, United States Code, and, in addition, means— 

(A) * * * 

* * * * * * * 

ø(18)¿(19) ‘‘supervising ethics office’’ means— 

(A) * * * 

* * * * * * * 

ø(19)¿(20) ‘‘value’’ means a good faith estimate of the dollar 

value if the exact value is neither known nor easily obtainable 

by the reporting individual. 

* * * * * * * 

TITLE V—GOVERNMENT-WIDE LIMITATIONS 

ON OUTSIDE EARNED INCOME AND EMPLOYMENT 

§ 501. Outside earned income limitation*

(a) * * * 

* * * * * * * 

(c) TREATMENT OF CHARITABLE CONTRIBUTIONS.—Any honorarium which, except for subsection (b), might be paid to a Member, officer or employee, but which is paid instead on behalf of such 

Member, officer or employee to a charitable organization, shall be 

deemed not to be received by such Member, officer or employee. No 

such payment shall exceed $2,000 or be made to a charitable orgaVerDate Mar 15 2010 21:10 Dec 30, 2010 Jkt 062622 PO 00000 Frm 00140 Fmt 6659 Sfmt 6602 E:\HR\OC\SR376.XXX SR376

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† As amended by bill sections 801(d). 

* As amended by bill section 802(a). 

nization from which such individual or a parent, sibling, øspouse, 

child, or dependent relative of such individual¿ spouse (or domestic 

partner), child, or dependent relative of such individual (or child, 

sibling, or parent of such individual’s domestic partner, which 

child, sibling, or parent is a dependent of such individual) derives 

any financial benefit. 

* * * * * * * 

§ 505. Definitions †

For purposes of this title: 

(1) * * * 

* * * * * * * 

(3) The term ‘‘honorarium’’ means a payment of money or 

any thing of value for an appearance, speech or article (including a series of appearances, speeches, or articles if the subject 

matter is directly related to the individual’s official duties or 

the payment is made because of the individual’s status with 

the Government) by a Member, officer or employee, excluding 

any actual and necessary travel expenses incurred by such individual (and one relative (or the individual’s domestic partner, 

or a parent, child, or sibling of the individual’s domestic partner)) to the extent that such expenses are paid or reimbursed 

by any other person, and the amount otherwise determined 

shall be reduced by the amount of any such expenses to the extent that such expenses are not paid or reimbursed. 

(4) The term ‘‘travel expenses’’ means, with respect to a 

Member, officer or employee, or a relative (or the domestic 

partner, or a parent, child, or sibling of the domestic partner) 

of any such individual, the cost of transportation, and the cost 

of lodging and meals while away from his or her residence or 

principal place of employment. 

* * * * * * * 

TITLE 18—CRIMES AND CRIMINAL 

PROCEDURE 

* * * * * * * 

PART I—CRIMES 

* * * * * * * 

CHAPTER 11—BRIBERY, GRAFT, AND CONFLICTS OF 

INTEREST 

* * * * * * * 

§ 203. Compensation to Members of Congress, officers, and 

others in matters affecting the Government *

(a) * * * 

* * * * * * * 


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* As amended by bill section 802(b). 

† As amended by bill section 802(c). 

(d) Nothing in this section prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for or otherwise representing his parents, spouse (or domestic partner, as that term is 

defined in section 2501 of title 5), child, or any person for whom, 

or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except— 

(1) * * * 

* * * * * * * 

§ 205. Activities of officers and employees in claims against 

and other matters affecting the Government *

(a) * * * 

* * * * * * * 

(e) Nothing in subsection (a) or (b) prevents an officer or employee, including a special Government employee, from acting, with 

or without compensation, as agent or attorney for, or otherwise representing, his parents, spouse (or domestic partner, as that term is 

defined in section 2501 of title 5), child, or any person for whom, 

or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except— 

(1) * * * 

* * * * * * * 

§ 208. Acts affecting a personal financial interest †

(a) Except as permitted by subsection (b) hereof, whoever, being 

an officer or employee of the executive branch of the United States 

Government, or of any independent agency of the United States, a 

Federal Reserve bank director, officer, or employee, or an officer or 

employee of the District of Columbia, including a special Government employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or 

otherwise, in a judicial or other proceeding, application, request for 

a ruling or other determination, contract, claim, controversy, 

charge, accusation, arrest, or other particular matter in which, to 

his knowledge, he, his spouse (or domestic partner, as that term is 

defined in section 2501 of title 5), minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee, or any person or organization with whom 

he is negotiating or has any arrangement concerning prospective 

employment, has a financial interest— 

Shall be subject to the penalties set forth in section 216 of this 

title. 

* * * * * * * 

TITLE 31—MONEY AND FINANCE 

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* As amended by bill section 706(a) 

* As amended by bill section 706(b). 

Subtitle I—General 

* * * * * * * 

CHAPTER 7—GOVERNMENT ACCOUNTABILITY OFFICE 

* * * * * * * 

Subchapter V—Annuities 

§ 771. Definitions *

In this øsubchapter—¿ subchapter: 

(1) The term ‘‘dependent child’’ means an unmarried dependent 

child (including a stepchild (or the child of a reporting Comptroller 

General’s domestic partner) or adopted child) who is— 

ø(2) ‘‘surviving spouse’’ means a surviving spouse of an individual who was a Comptroller General or retired Comptroller General and the spouse— 

ø(A) was married to the individual for at least 1 year immediately before the individual died; or 

ø(B) has not remarried before age 55 and is the parent of 

issue by the marriage. 

ø(3) service as a Comptroller General equals the number of years 

and complete months an individual is Comptroller General.¿ 

(2) The terms ‘‘domestic partner’’ and ‘‘domestic partnership’’ have 

the meanings given under section 2501 of title 5. 

(3) The term ‘‘surviving spouse’’ means a surviving spouse of an 

individual who was a Comptroller General or retired Comptroller 

General and the spouse— 

(A) was married to the individual for at least 1 year immediately before the individual died; or 

(B) has not remarried (or entered into a domestic partnership) before age 55 and is the parent of issue by the marriage. 

(4) The term ‘‘surviving partner’’ means a surviving domestic 

partner of an individual who was a Comptroller General or retired 

Comptroller General and the domestic partner— 

(A) was in a domestic partnership for at least 1 year immediately before the individual died; or 

(B)(i) has not entered into a subsequent domestic partnership 

or married before age 55; and 

(ii) satisfies other requirements, related to parenthood and the 

domestic partnership, prescribed by the Director of the Office of 

Personnel Management by regulation under sections 8341(3)(b) 

and 8441(3)(B) of title 5, as determined and applied by the 

General Counsel of the Government Accountability Office on the 

basis of those regulations. 

(5) Service as a Comptroller General equals the number of years 

and complete months an individual is Comptroller General. 

* * * * * * * 

§ 773. Election of survivor benefits *

(a) * * * 

(b) A Comptroller General electing to provide survivor benefits 

shall— 


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† As amended by bill section 706(c). 

(1) * * * 

(2) deposit with the Government Accountability Office for redeposit in the Treasury as miscellaneous receipts— 

(A) * * * 

(B) 4.5 percent of basic pay received as a member of 

Congress or for other civilian service on which a surviving 

spouse’s (or domestic partner’s) annuity is computed under 

section 774(d) of this title; and 

* * * * * * * (c) This subchapter does not prevent a surviving spouse (or domestic partner) or dependent child from receiving another annuity 

while receiving an annuity under section 774 of this title. However, 

service used in computing an annuity under section 774 may not 

be used in computing the other annuity. 

(d) The reduction in the Comptroller General’s annuity under 

subsection (b)(1) for the purpose of providing survivor benefits shall 

be terminated for each full month after the death of the spouse (or 

domestic partner). 

* * * * * * * 

§ 774. Survivor annuities †

(a) * * * 

* * * * * * * 

(c) If the Comptroller General or retired Comptroller General is 

survived— 

ø(1) only by a spouse, the surviving spouse shall receive an 

annuity computed under subsection (d) of this section beginning on the death of the Comptroller General or retired Comptroller General or when the spouse is 50 years of age, whichever is later;¿ 

(1) only by a spouse (or domestic partner), the surviving 

spouse (or surviving domestic partner) shall receive an annuity 

computed under subsection (d) of this section beginning on the 

death of the Comptroller General or retired Comptroller General or when the spouse (or domestic partner) is 50 years of age, 

whichever is later; 

(2) øby a spouse and a dependent child, the surviving 

spouse¿ by a spouse (or domestic partner) and a dependent 

child, the surviving spouse (or surviving domestic partner) shall 

receive an immediate annuity computed under subsection (d) of 

this section and each dependent child shall receive an immediate annuity equal to the smaller of— 

(A) * * * 

* * * * * * * 

(3) only by a dependent child, each dependent child shall receive an immediate annuity equal to the smaller of— 

(A) the annuity a surviving spouse (or surviving domestic partner) would be entitled to receive under clause (2) of 

this subsection, divided by the number of dependent children; 

* * * * * * * 


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* As amended by bill section 706(d). 

† As amended by bill section 706(e). 

(d) The annuity of a surviving spouse (or surviving domestic partner) is equal to— 

(1) * * * 

* * * * * * * 

(e) A surviving spouse’s (or surviving domestic partner’s) annuity 

may not be more than 50 percent nor less than 25 percent of the 

average annual pay computed under subsection (d)(1) of this section. If a Comptroller General does not make the deposit under section 773(b) of this title, a surviving spouse’s (or surviving domestic 

partner’s) annuity shall be credited with the service during which 

a deposit was not made, unless the spouse (or domestic partner) 

elects not to have the service credited. However, the annuity shall 

be reduced by 10 percent of the amount of the unpaid deposit, computed on the date the Comptroller General or retired Comptroller 

General dies. 

* * * * * * * 

§ 775. Refunds *

(a) * * * 

* * * * * * * 

(d) If a Comptroller General or retired Comptroller General dies 

before a refund is made under this section, the refund shall be paid 

in the following order of precedence: 

(1) * * * 

(2) to a surviving spouse (or surviving domestic partner). 

* * * * * * * 

(e) The General Counsel is not subject to section 771(1) and (2) 

of this title when making a decision about a surviving spouse (or 

surviving domestic partner) or child under subsection (c) or (d) of 

this section. 

* * * * * * * 

§ 776. Payment of survivor benefits †

(a) * * * 

(b)(1) øA surviving spouse’s annuity ends when the spouse remarries¿ A surviving spouse’s (or surviving domestic partner’s) annuity ends when the spouse remarries (or enters into a domestic 

partnership) (or when the surviving domestic partner enters into another domestic partnership or marries) before age 55 or dies. 

(2) A dependent child’s annuity ends when the child becomes 18 

years of age (unless the child is then a student as described in section 771(1)(C) of this title), ømarries, or dies, whichever is earliest. 

However, if a child is not self-supporting because of a physical or 

mental disability, an annuity ends when the child recovers, marries¿ marries (or enters into a domestic partnership), or dies, whichever is earliest. However, if a child is not self-supporting because of 

a physical or mental disability, an annuity ends when the child recovers, marries (or enters into a domestic partnership), or dies. 


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* As amended by bill section 706(f). 

† As amended by bill § 801(b)(2)(B)(ii). 

(3) If a surviving spouse (or surviving domestic partner) dies and 

a dependent child survives, the child’s annuity is recomputed under 

section 774(c)(3) of this title. 

* * * * * * * 

§ 777. Annuity increases *

(a) * * * 

(b) An annuity under section 772 of this title may not be more 

than the basic pay of the Comptroller General. A surviving spouse’s 

(or surviving domestic partner’s) annuity may be increased under 

this section without regard to any limitation set forth in section 

774(e) of this title. 

* * * * * * * 

TITLE 42—THE PUBLIC HEALTH AND WELFARE 

* * * * * * * 

CHAPTER 6A—PUBLIC HEALTH SERVICE 

* * * * * * * 

Subchapter III—National Research Institutes 

* * * * * * * 

PART I—FOUNDATION FOR THE NATIONAL INSTITUTES 

OF HEALTH 

§ 290b. Establishment and duties of Foundation. †

(a) * * * 

* * * * * * * 

(j) GENERAL PROVISIONS.— 

(1) * * * 

(2) FINANCIAL CONFLICTS OF INTEREST.—Any individual who 

is an officer, employee, or member of the Board of the Foundation may not (in accordance with policies and requirements developed under subsection (d)(6)) personally or substantially 

participate in the consideration or determination by the Foundation of any matter that would directly or predictably affect 

any financial interest of the individual or a relative (as such 

term is defined in øsection 109(16)¿ section 109(17) of the Ethics in Government Act of 1978) of the individual, of any business organization or other entity, or of which the individual is 

an officer or employee, or is negotiating for employment, or in 

which the individual has any other financial interest. 

* * * * * * * 

Æ 


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