U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

29–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–257 

Calendar No. 572 

DOMESTIC PARTNERSHIP BENEFITS AND 

OBLIGATIONS ACT OF 2012 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 1910 

TO PROVIDE BENEFITS TO DOMESTIC PARTNERS OF FEDERAL 

EMPLOYEES 

DECEMBER 19, 2012.—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 

MARK BEGICH, Alaska 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

SCOTT P. BROWN, Massachusetts 

JOHN MCCAIN, Arizona 

RON JOHNSON, Wisconsin 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JERRY MORAN, Kansas 

MICHAEL L. ALEXANDER, Staff Director 

BETH M. GROSSMAN, Deputy Staff Director and Chief Counsel 

LAWRENCE B. NOVEY, Associate Staff Director and Chief Counsel 

for Governmental Affairs 

NICHOLAS A. ROSSI, Minority Staff Director 

MARK B. LEDUC, Minority General Counsel 

RICHARD H. HOUGHTON, Minority Deputy General Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 


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Calendar No. 572 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–257 

DOMESTIC PARTNERSHIP BENEFITS AND OBLIGATIONS 

ACT OF 2012 

DECEMBER 19, 2012.—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. 1910] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 1910) to provide benefits to domestic partners of Federal employees, having considered the same, 

reports favorably thereon with an amendment in the nature of a 

substitute and recommends that the bill, as amended, do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 2 

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

A. Availability of Domestic Partnership Benefits ...................................... 3 

1. Most of the largest non-federal employers provide benefit coverage for their employees with same-sex domestic partners. ..... 3 

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

partners are ineligible under statute from participating in 

many important benefit programs. ............................................... 4 

3. Certain benefits, authorized under more flexible statutory authorities, are being extended to federal employees in samesex domestic partnerships. ............................................................. 5 

B. Domestic Partnership Benefits and Obligations Legislation for Federal Employees ....................................................................................... 9 

1. Offering domestic partner benefits would be a good business 

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

employers. ....................................................................................... 10 

a. Recruitment and retention ........................................................ 10 

b. Productivity ................................................................................. 13 

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. .... 15 

C. Criticisms and Concerns About S. 1910, and Responses to Those 

Criticisms and Concerns ....................................................................... 17 


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1See Bureau of Labor Statistics, U.S. Department of Labor, NEWS RELEASE, ‘‘The Employment Situation—October 2012’’ (Nov. 2, 2012), http://www.bls.gov/news.release/pdf/empsit.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/pdf/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 44 below and accompanying text) at page 51. 

1. S. 1910 would not open up employee benefit programs to fraud. .. 17 

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

under the legislation. ..................................................................... 19 

3. Enactment of S. 1910 would not contradict DOMA or demean 

the importance of marriage. .......................................................... 20 

4. The costs of S. 1910 are justified by the benefits ........................... 22 

D. Substitute Amendment to S. 1910 Implementing Technical Recommendations From OPM .................................................................... 24 

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

IV. Section-by-Section Analysis .......................................................................... 27 

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

VI. Evaluation of Regulatory Impact .................................................................. 62 

VII. Changes in Existing Law .............................................................................. 62 

I. PURPOSE AND SUMMARY

The purpose of S. 1910, the Domestic Partnership Benefits and 

Obligations Act of 2012, 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. 

II. BACKGROUND AND NEED FOR THE LEGISLATION

With two million civilian employees, plus 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 


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4See section II.A.1, below, of this report. 5 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/files/assets/resources/HRC_Foundation_State_of_the_Workplace_2007-2008.pdf; Human Rights Campaign, 

Issue: Workplace, ‘‘Benefits,’’ http://www.hrc.org/issues/pages/benefits. 6 A review of the latest data by the Human Rights Campaign indicates that 60% of Fortune 

500 companies offer domestic partner benefits (294 of the 494 still-active Fortune 500 companies). Email from Human Rights Campaign to Committee (Sept. 20, 2012), on file with the Committee. 7 Human Rights Campaign, ‘‘How Fortune-Ranked Companies Stack Up On LGBT Workplace 

Policies’’ (Sept. 21, 2009), http://www.hrc.org/blog/entry/how-fortune-ranked-companies-stack-upon-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. 

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 

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. 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 60 percent of 

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

century employer. 

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 the majority of the 

largest employers—those with 5,000 or more workers—provide 

such benefits.5 Among the very largest employers, 85 percent of 

Fortune 20 companies, 60 percent of Fortune 500 companies,6 and 

over 75 percent of the highest-gross-revenue earning law firms extend benefits to their employees with same-sex domestic partners.7

And these data show that the numbers of companies providing 

such benefits have steadily increased: of Fortune 100 companies, 64 

percent offered same-sex partner benefits in 2003, and by 2008 that 

number had risen to 83 percent; among Fortune 500 companies, 

40% offered such benefits in 2003, 57% in 2008, and a full 60% 

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8See Letter from a coalition of 35 organizations in support of the Domestic Partnership Benefits and Obligations Act, S. 1910, addressed ‘‘Dear Senator’’ (March 27, 2012), http:// 

www.hrc.org/files/assets/resources/DPBO_Coaliton_Letter_Senate_-_Final.pdf; Human Rights 

Campaign, Employer Database, http://www.hrc.org/resources/entry/search-our-employer-database; 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 43 below and the accompanying text) at page 

173). 9Statement of William H. Hendrix, Dow Chemical Company, quoted in text accompanying 

notes 48–48 below. 10Statement of Yvette C. Burton, IBM, quoted in text accompanying note 74 below. 11Statement of Kathleen Marvel, the Chubb Corporation, quoted in text accompanying note 

125 below. 12See 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). 

mental employers, nearly 25 States, the District of Columbia, and 

over 150 local governments now extend benefits to their employees 

with same-sex domestic partners.8 As described later in this report, 

several leading companies explained to the Committee their reasons for maintaining domestic partner benefit programs, including 

that their providing such benefits— 

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

develop and advance the very best talent available in the marketplace,’’ 9

• ‘‘can improve low productivity and morale caused by inequitable workplace practices,’’ 10 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.’’ 11

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. 

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,12 and 

federal employees in same-sex domestic partnerships therefore cannot obtain coverage for their partners. 


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13See 5 U.S.C. §§ 8341, 8441–8445. As discussed in notes 29–30 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. 14See 5 U.S.C. §§ 8101(9), 8109, 8133. 15See 5 U.S.C. §§ 6381–6382. These provisions establish minimum rights, and, as discussed 

in note 34 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. 16 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. 17When 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. 18When a married federal employee dies of injuries incurred in connection with civilian service 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. 

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.13 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 have 

no such statutory compensation rights.14

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 same-sex 

domestic partner becomes seriously ill, the employee is not entitled 

to take FMLA leave to care for the partner.15 Several other benefit 

programs for federal employees—group life insurance,16 reimbursement for certain travel and relocation expenses,17 and death gratuities for civilians serving with Armed Forces in military operations 18—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 


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19 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. 20 Id. 21 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. 22FDIC, New Employee Resources, Domestic Partner Program (Revised 03/14/2010), http:// 

www.fdic.gov/newemployee/PDF/domesticpartnerprogramsummary.pdf. 23The President, Memorandum on Federal Benefits and Non-Discrimination (June 17, 2009), 

GPO Compilation of Presidential Documents 2009 DCPD No. 00477, http://www.gpo.gov/fdsys/ 

pkg/DCPD–200900477/pdf/DCPD–200900477.pdf. 24 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. 25 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. 

children are not eligible for group health insurance through another employer or under another group-sponsored plan.19 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.20 The Federal Reserve Board likewise promotes to potential recruits that it ‘‘provides limited health, dental, and vision benefits to domestic partners.’’ 21 And at the Federal Deposit Insurance Corporation (FDIC), 

employees 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.22

In addition, some benefit programs for federal employees 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 is permissible under the 

law.23 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.’’ 24 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) 25 and 

clarifying that federal employees’ domestic partners, their children, 


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26 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. 27The President, Memorandum on Extension of Benefits to Same-Sex Domestic Partners of 

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

Presidential Documents 2010 DCPD No. 00450, http://www.gpo.gov/fdsys/pkg/DCPD-201000450/ 

pdf/DCPD-201000450.pdf. 28 Id., sections 1(a)(i)–(iii), (v), (vii). 29 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. 30Married 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 29 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. 31 June 2010 Presidential Memorandum, note 27 above, section 1(b). 32OPM 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. 

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.26

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.27 Specifically, the President 

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.28 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.29 (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.30) 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.31

Pursuant to this second memorandum, the OPM Director distributed guidance to all departments and agencies on June 2, 2010, to 

ensure consistent and appropriate implementation of domestic 

partner benefits government-wide.32 The OPM memorandum provided a uniform definition of ‘‘domestic partner’’ and listed the 

kinds of benefits that many agencies provide to their employees’ 

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33 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#page=5. 34OPM 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. 35 75 Fed. Reg. 67629 (Nov. 3, 2010), amending 41 C.F.R., http://www.gsa.gov/graphics/ogp/ 

FTRAmendment10-06DomesticPartner.pdf; see also, General Services Administration, Federal 

Travel Regulation, GSA Bulletin FTR 11-07 (April 1, 2011), http://www.gsa.gov/graphics/ogp/ 

FTRBulletin1107.pdf. 36 77 Fed. Reg. 42905 (July 20, 2012), amending 5 C.F.R. Part 792, http://www.gpo.gov/fdsys/ 

pkg/FR-2012-07-20/pdf/2012-17539.pdf. 37 77 Fed. Reg. 42903, amending 5 C.F.R. Part 550, 551 (July 20, 2012), http://www.gpo.gov/ 

fdsys/pkg/FR-2012-07-20/pdf/2012-17540.pdf. 

randum, 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. 

Federal employees may be granted leave in times of sickness, funerals, and medical and other family emergencies, and on June 14, 

2010, OPM amended its rules so that a domestic partner is will be 

considered as a family member when such leave decisions are 

made.33 Also, 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 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.34

In addition, on November 3, 2010, the General Services Administration (GSA) changed the definition of ‘‘immediate family’’ in the 

Federal Travel Regulations, so that whenever federal statute and 

GSA regulation allow government reimbursement of the travel expenses for an employee’s ‘‘immediate family,’’ such reimbursement 

may now be provided to an employee’s same-sex domestic partner 

and the partner’s dependents.35

In July of 2012, OPM published a number of final rules to implement the two Presidential memoranda, including: to allow an employee to obtain child-care subsidies for the children of a same-sex 

domestic partner,36 providing evacuation pay to cover an employee’s same-sex partner from an overseas location in the event of an 

emergency,37 treating domestic partners like spouses for purposes 


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38 77 Fed. Reg. 42909, amending 5 C.F.R. 831, 842 (July 20, 2012), http://www.gpo.gov/fdsys/ 

pkg/FR-2012-07-20/pdf/2012-17542.pdf. 39 77 Fed. Reg. 42902, amending 5 C.F.R. 315 (July 20, 2012), http://www.gpo.gov/fdsys/pkg/ 

FR-2012-07-20/pdf/2012-17536.pdf. 40 77 Fed. Reg. 42914, proposing to amend 5 C.F.R. 890, 892, 894 (July 20, 2012), http:// 

www.gpo.gov/fdsys/pkg/FR-2012-07-20/pdf/2012-17537.pdf. 41The President, Statement on the Extension of Benefits to Same-Sex Domestic Partners of 

Federal Employees (June 2, 2010), GPO Compilation of Presidential Documents 2010 DCPD No. 

00449, http://www.gpo.gov/fdsys/pkg/DCPD-201000449/pdf/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), GPO Compilation 

of Presidential Documents 2009 DCPD No. 00476, http://www.gpo.gov/fdsys/pkg/DCPD200900476/pdf/DCPD-200900476.pdf. 

of choosing an insurable interest option at retirement,38 and making same-sex domestic partners of federal employees eligible for 

noncompetitive federal jobs when an employee returns from an 

overseas assignment.39 In addition, OPM issued a proposed rule to 

amend the FEHB regulations to include the child of a same-sex domestic partner within the definition of ‘‘stepchild,’’ allowing such a 

child to be enrolled in a family plan under FEHB, as well as the 

Federal Employees Dental and Vision Insurance Program 

(FEDVIP).40

While these Executive actions under existing legal authority 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.41

B. DOMESTIC PARTNERSHIP BENEFITS AND OBLIGATIONS LEGISLATION

FOR FEDERAL EMPLOYEES

To help the federal government catch up with major national employers, on November 11, 2011, Senator Lieberman and Senator 

Collins introduced the Domestic Partnership Benefits and Obligations (DPBO) Act (S. 1910). An additional twenty-nine other Senators also cosponsor the bill. 

S. 1910 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. 

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 

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42 1 U.S.C. § 7. This provision is further discussed in section II.C.3, below, of this report. 43 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’’). 44 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’’). 45See also Employee Benefit Research Institute, Facts from EBRI, note 3 above. 46See id.; Hewitt Associates, ‘‘Benefit Programs for Domestic Partners & Same-Sex Spouses,’’ 

Hewitt Associates, Lincolnshire, IL (July 2005). 47Statement 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 

43 above, at pages 34, 37. 48Statement 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 44 above, 

at page 85. 49 Id. 

site-sex union or a person of the opposite sex who is a husband or 

wife.42 Nothing in S. 1910 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. 1910, 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),43 and a second hearing during the 111th Congress, on October, 2009 (2009 Hearing).44 At these hearings, the Committee received oral and written testimony 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.45

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,46 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.’’ 47 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.48

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

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

advantage.’’ 49


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50 Id. 51 Center for American Progress, ‘‘One Simple Step for Equality: States Prove that the Federal 

Government Can Offer Domestic Partner Benefits with Ease,’’ note 8 above. 52 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 44 

above, at page 106 (emphasis in original). 53Statement of William H. Hendrix, Dow Chemical Company, note 48 above, at page 87. 54Statement of Yvette C. Burton, IBM, note 47 above, at pages 38–39. 55 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 

44 above, at page 104. 56 Id. 

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 H.R. 4365 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.’’ 50

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 yields advantages in recruitment and retention.51

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 

ALL employees within the workforce.’’ 52 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.53

Dr. Burton testified likewise that IBM found its domestic partner 

benefits help attract and retain heterosexual talent—particularly 

among younger recruits and employees.54

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

policy is a valuable tool in recruiting for key mid-career and management positions.55 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.56 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 wantVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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57 Id. 58Statement of John Berry, Director, U.S. Office of Personnel Management (OPM), at page 

2, entered into the record of the 2009 Hearing, note 44 above, at page 36. 59 Response by OPM Director John Berry to question #1, Post-Hearing Questions Submitted 

from Senator Lieberman for the Record of the 2009 Hearing, note 44 above, at page 95. 60 Id. 61Statement 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 43 above, at page 

53. 62 Id. at page 55. 63See text accompanying notes 54–55 above. 

ed to move if the relocation had left his partner without health insurance coverage.57

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.’’ 58

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.59 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. . . . Offering domestic partner benefits will help 

address employment gaps and assist agencies in recruitment and retention.60

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).61 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.’’ 62

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

above),63 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 


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64Senate 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. 65See text accompanying notes 56–58 above. 66Statement of Colleen M. Kelley, National President, NTEU, entered into the record of the 

2008 Hearing, note 43 above, at pages 41, 46. 67Written statement of Frank A. Hartigan, note 62 above, at page 57. 68See MetLife, Inc., 10th Annual Study of Employee Benefit Trends: Seeig Opportunity in 

Shifting Tides (2010), https://www.metlife.com/assets/institutional/services/insights-and-tools/ 

ebts/ml-10-Annual-EBTS.pdf. 

the current federal hiring process is weakest when it comes to recruiting and hiring younger workers.64

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,65 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.’’ 66

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: 

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.67

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.68 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 


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69Statement of Kathleen Marvel, Senior Vice President and Chief Diversity Officer, the Chubb 

Corporation, entered into the record of the 2008 Hearing, note 43 above, at pages 149, 151–152. 70The acronym ‘‘GLBT’’ or ‘‘LGBT’’ refers collectively to gay, lesbian, bisexual, and 

transgendered. 71Statement of William H. Hendrix, Dow Chemical Company, note 48 above, 2009 Hearing 

at page 86. 72Statement of Yvette C. Burton, IBM, note 47 above, at page 38. 73 Id. 74GE Letter, note 50 above, 2008 Hearing at page 148. 

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.69

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 70 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.’’ 71 Dr. 

Burton expanded on this same point: 

Unfortunately, many GLBT employees spend a good deal 

of their workdays concealing their orientation from coworkers for fear of backlash or adverse impact to career 

advancement. The absence of domestic partner benefits 

contributes to this problem by signaling to all employees 

that GLBT employees are not equally valued in the workplace. . . .72

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.’’ 73 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.’’ 74

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 


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75Statement of Frank A. Hartigan, note 62 above, 2008 Hearing at page 63. 76 Id. at pages 61–62. 77 AFGE is the largest federal-sector labor union, representing more than 600,000 employees. 78Statement of Sherry Bracey, Program Manager, Women’s and Fair Practices Department, 

AFGE, entered into the record of the 2008 Hearing, note 43 above, at pages 48, 50–52. 79 Id. at page 51. 

$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.75

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.76

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) 77 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.78

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.’’ 79 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. 


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

workers at 31 different agencies. 81Statement of Colleen M. Kelley, NTEU, note 67 above, 2008 Hearing at page 44. 82 Id. 83 Id. (emphasis in original). 84The 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. . . .’’ 

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 $9000 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 

workforce. Ms. Kelley, the NTEU National President, told the Committee that NTEU members 80 frequently express concern at union 

meetings, conferences and direct inquiries about the lack of domestic partner benefits.81 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.’’ 82

‘‘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.’’ 83

Sherry Bracey, testifying for AFGE, put these issues of unfairness into the context of the merit system principle of pay equity,84

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 


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85Statement of Sherri Bracey, AFGE, note 79 above, 2008 Hearing at page 52. 86Statement of Frank A. Hartigan, note 62 above, 2008 Hearing at page 63. 87 Id. 88Statement of Colleen M. Kelley, NTEU, note 67 above, 2008 Hearing at page 42. 89 Id. 90Statement of Howard C. Weizmann, then-Deputy Director, OPM, entered into the record of 

the 2008 Hearing, note 43 above, at pages 31, 32. 91 Id.; oral testimony of then-Deputy Director of OPM Howard C. Weizmann, at the 2008 

Hearing, note 43 above, at page 18. 

equal, sexual orientation should not form the basis of discrimination in compensation. . . .85

‘‘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.’’ 86 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?’’ 87

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.’’ 88 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.’’ 89

C. CRITICISMS AND CONCERNS ABOUT S. 1910, AND RESPONSES TO

THOSE CRITICISMS AND CONCERNS

Criticisms and concerns about the DPBO legislation have been 

persuasively answered. 

1. S. 1910 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.90 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.91 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. 1910 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 

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92Oral testimony of Yvette C. Burton, IBM, at the 2008 Hearing, note 43 above, at pages 26– 

27. 93Statement of William H. Hendrix, Dow Chemical Company, note 48 above, 2009 Hearing 

at page 88. 94Oral testimony of William H. Hendrix, Dow Chemical Company, at the 2009 Hearing, note 

44 above, at page 18. 95Oral testimony of OPM Director John Berry, at the 2009 Hearing, note 44 above, at page 

18. 96 18 U.S.C. § 287 (false, fictitious or fraudulent claims), § 1001 (false statements or entries). 97Oral testimony of OPM Director John Berry, at the 2009 Hearing, note 44 above, at page 

18. 98Title I, Ethics in Government Act of 1978 (5 U.S.C. app. § 101 et seq.). 

reported 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.’’ 92

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. 1910, and he testified that the 

company has had no issue with fraudulent claims for benefits.93

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.’’ 94

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.95 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.96

S. 1910 itself includes strong anti-fraud provisions, requiring 

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

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.97

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 98 would have to include information about 

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

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99 18 U.S.C. § 208. 100See 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. 101See 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). 102Oral testimony of Yvette C. Burton, IBM, at the 2008 Hearing, note 43 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.’’). 103 Id. 104Oral testimony of William H. Hendrix, Dow Chemical Company, at the 2009 Hearing, note 

44 above, at page 17. 105Statement of John Berry, note 59 above, 2009 Hearing at page 35. 

est prohibitions against participating as a federal employee in any 

matter in which the domestic partner has a financial interest.99

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,100 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.101 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 domestic-partner status. 

The testimony and other information before the Committee thus 

support its conclusion that enactment of S. 1910 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 extended domestic partner benefits only to same-sex partners.102 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.103 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.104

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.’’ 105 Berry explained that 

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


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106 Id. at page 36. 107Oral testimony of OPM Director John Berry, at the 2009 Hearing, note 44 above, at page 

17. 108 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. 109Oral testimony of OPM Director John Berry, at the 2009 Hearing, note 4444 above, at page 

17. 110 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. 111 Id. 112Family Research Council, Washington Update, ‘‘Obama Uses Stump to Thump DOMA’’ 

(January 29, 2010). 

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

enacting S. 1910 ‘‘would address the problem and provide for true 

equality in benefits for all Federal employees.’’ 106

Director Berry also recognized that covering only same-sex domestic partners raises ‘‘a fairness issue,’’ 107 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.108 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.’’ 109 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. 1910 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 October 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. 1910 ‘‘would contradict 

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

legal marriage.’’ 110 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.’’ 111 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.’’ 112

Two witnesses at the 2009 Hearing provided their thoughts on 

these arguments. OPM Director Berry stated: 

We believe that S. 1910 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 comVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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113 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 44 above, 

at page 98. 114 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 

44 above, at page 105. 115DOMA was enacted by Public Law 104–199 (Sept. 21, 1996). 116See the second paragraph, above, of part II.B of this report. 

mitted 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.113

And, responding to a question from the Committee asking whether 

S. 1910 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.’’ 114

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. 1910 would have any impact on the right of the States to define the contours of marriage. Just as importantly, S. 1910 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) 115 directs that: 

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. 1910 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,116 nothing in S. 1910 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. 1910, to be deemed to be a ‘‘marriage’’ or a ‘‘spouse’’ within the 

meaning of any federal statute or regulation. 

S. 1910 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. 

1910 would not change that situation in any way. Couples granted 

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


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117 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. 118 Id. 119 Center for American Progress, ‘‘One Simple Step for Equality: States prove that the federal 

government can offer domestic partner benefits with ease,’’ note 8 above, at pages 1–2. 120 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 43 above, at pages 

199–229. 121Statement of William H. Hendrix, Dow Chemical Company, note 48 above, 2009 Hearing 

at page 88 (emphasis in original). 122Oral testimony of Yvette C. Burton, IBM, at 2008 Hearing, note 43 above, at page 16. 

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. 1910 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. 1910 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. 1910 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.117 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 domestic partner coverage are lower than anticipated.’’ 118 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.119 Dr. Burton of IBM supplied to the Committee additional studies involving employers in 

various sectors, showing similar findings.120

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.’’ 121 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,122 and, referring to the advantages in recruitment and in 

maintaining an open and productive workplace, she reported that 


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123 Id. at page 25. 124Statement of Kathleen Marvel, the Chubb Corporation, note 70 above, 2008 Hearing at 

pages 150–151. 125 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 44 above, at page 

96. For the chart to which Director Berry referred and related data, see notes 6, 7, and 8 above 

and accompanying text. 126 Notes 109–110 above and accompanying text. 127 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 44 above, at page, at page 102. 

studies spanning both the private and public sectors show ‘‘the benefits severely outweigh the costs.’’ 123 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.’’ 124

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. In his testimony, OPM Director Berry referred to a chart included in the record of the hearing, which 

showed that the numbers of large companies offering such benefits 

continues to rise during the economic downturn: 

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.125

To help ensure that the costs under S. 1910 are minimal and affordable, the bill contains two important limitations on coverage. 

The first limitation makes the legislation applicable only to samesex, not opposite-sex, partnerships, as discussed above.126 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.127

In addition, the bill includes a provision recommended by OPM 

that will reduce the cost of the FEHB program generally. The provision clarifies that OPM may include in FEHB contracts a requirement that carriers must recover costs for medical expenses that 

have also been reimbursed by third parties such as other insurance 

companies. The provision also clarifies that FEHB carriers will 

have a remedy in Federal court to obtain such recovery. The savings from this provision will substantially reduce the net cost of 

this legislation. 

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

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


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128 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 

43 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 

44 above, at page 102. 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 43 above, at page 157), http://williamsinstitute 

.law.ucla.edu/wp-content/uploads/Badgett-Goldberg-Ramos-S2521FiscalAnalysis-Sept-2008.pdf. 129 CBO, Cost Estimate, S. 1910, Domestic Partnership Benefits and Obligations Act of 2009, 

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

on May 16, 2012 (November 15, 2012), http://cbo.gov/sites/default/files/cbofiles/attachments/ 

s1910.pdf. 130Total amounts paid for personnel compensation and benefits are described in the President’s budget submission for FY 2013. OMB, Analytical Perspectives, Budget of the U.S. Government, Fiscal Year 2013, Table 11–4 Personnel Compensation and Benefits, at page 122, http:// 

www.gpo.gov/fdsys/pkg/BUDGET-2013-PER/pdf/BUDGET-2013-PER.pdf. The table shows compensation and benefits for current personnel in each of 2012 and 2013 of approximately $300 

billion, plus over $80 billion for retiree benefits. In comparison, CBO’s estimated costs of S. 1910 

average about $14 million per year through 2020—about four hundred-thousandths (0.00004) of 

the total civilian personnel costs. This cost estimate by CBO is reproduced below in part V of 

this report. 131See, e.g., S.1102, 111th Congress, as introduced (May 20, 2009). 132Statement of then-OPM Deputy Director Howard C. Weizmann, note 91 above, 2008 Hearing at pages 32–33. 133Statement of OPM Director John Berry, note 59 above, 2009 Hearing at pages 37–38. 

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

2009 Hearing.128 Also, the cost estimate for the bill prepared by 

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

part V of this report.129

CBO’s estimated cost of the bill over the next ten years would 

amount to only about four hundred-thousands (0.00004) of the federal government’s total budget for employee and salary and benefits.130 These estimated costs for S. 1910—totaling a small fraction 

of the government’s total personnel costs—are very affordable, and 

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

D. TECHNICAL SUGGESTIONS FROM OPM INCORPORATED IN THE

DRAFTING OF S. 1910

As introduced in the 111th and earlier Congresses, predecessor 

bills to S. 1910 had general provisions asserting that federal employees with domestic partners be covered by the same benefits and 

obligations that apply to married federal employees and their 

spouses.131 However, then-OPM Deputy Director Weizmann at the 

2008 Hearing 132 and OPM Director Berry at the 2009 Hearing 133

testified that this approach to drafting the legislation was not sufficiently precise. Responding to these concerns, Senator Lieberman 

and Senator Collins, in consultation with OPM, redrafted the legislation to include detailed amendments to the various benefit and 

obligation statutes for federal employees, so that these statutes 

would cover federal employees and their same-sex domestic partners by the terms of the statutes themselves. Moreover, the current 

version of the legislation incorporates other technical drafting suggestions from OPM regarding how and where employees should file 

affidavits pertaining to eligibility and other matters. 

An extensive section-by-section analysis of the bill, as amended, 

is provided in Part IV, below, of this report. Summarized here are 

some of S. 1910’s most salient provisions: 


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134Title I, Ethics in Government Act of 1978 (5 U.S.C. app. § 101 et seq.). 135 18 U.S.C. § 208. 136See 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). 

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. 

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. 1910 establishes benefits for federal employees and their 

same-sex domestic partners parallel to the benefits under existing 

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

employees could protect their partners and partners’ children 

under health insurance coverage and with survivor annuity rights 

to the same extent as spouses and spouses’ children. S. 1910 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,134 they would be required to include information about their domestic partners, as married employees must do 

with respect to information about their spouses, 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.135 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,136

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137See 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. 138S. 1102, 111th Cong. (May 20, 2009; reported Dec. 17, 2010, S. Rept. 111–376); S. 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). 

tice before employees may take loans or withdrawals from their 

Thrift Savings Plan accounts.137

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. 1910 was introduced by Senator Lieberman and Senator Collins on November 18, 2011, and was referred to the Committee on 

Homeland Security and Governmental Affairs. Joining as additional cosponsors are Senators Akaka, Blumenthal, Boxer, Brown 

(OH), Cantwell, Cardin, Casey, Coons, Durbin, Feinstein, Franken, 

Gillibrand, Harkin, Kerry, Klobuchar, Lautenberg, Leahy, Levin, 

Menendez, Merkley, Mikulski, Murray, Reed, Sanders, Schumer, 

Shaheen, Tester, Whitehouse, and Wyden. Senator Lieberman introduced similar legislation in the 111th, 110th, and 109th Congresses, and earlier Senate bills were introduced in the 108th and 

107th Congresses.138

The Committee has held two hearings on similar predecessor 

bills. 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 for Women’s and Fair Practices, 

American Federation of Government Employees, AFL–CIO; and 


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139S. Rept. 111–376 (Dec. 17, 2010). 

Frank A. Hartigan, Deputy Regional Director, San Francisco Office, 

Federal Deposit Insurance Corporation. 

The Committee held a second hearing on October 15, 2009, during the 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. On December 16, 2009, the Committee ordered reported favorably S. 

1102, a bill very similar to S. 1910.139

The Committee considered S. 1910 on May 16, 2012. Chairman 

Lieberman and Ranking Minority Member Collins offered an 

amendment in the nature of a substitute. (The substitute amendment provides that FEHB carriers may be required by their plan 

contracts to recover their costs when they pay benefits that other 

insurance companies are also responsible for paying. The amendment also clarifies that Federal courts have exclusive jurisdiction 

over these and other claims under the FEHB program.) The Committee adopted the substitute amendment and ordered the bill, as 

amended by the substitute amendment, reported favorably en bloc 

by voice vote. Present were Senators Lieberman, Levin Akaka, Carper, Pryor, Tester, Begich, Collins, and Brown. 

For the record only, with respect to agreeing to the substitute 

amendment, Senators Johnson and Moran asked to be recorded as 

‘‘no’’ votes, and with respect to ordering the bill reported favorably 

as amended, Senators Landrieu and McCaskill asked to be recorded as ‘‘yes’’ votes and Senators Pryor, Coburn, Johnson, and 

Moran asked to be recorded as ‘‘no’’ votes. 

IV. SECTION-BY-SECTION ANALYSIS

Section 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. 

Section 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. 


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TITLE I—ESTABLISHMENT AND DISSOLUTION OF 

DOMESTIC PARTNERSHIPS; OTHER GENERAL PROVISIONS 

Section 101—Federal employees in domestic partnerships 

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

the United States Code. The new chapter will govern the establishment and termination of federal employee domestic partnerships. 

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

the bill 

Within new chapter 25 of title 5, which would be added by section 101 of the bill, § 2501 establishes necessary definitions for that 

chapter: 

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) or the Federal Employee Retirement 

System (FERS), retiree health benefits under the Federal Employee Health Benefits (FEHB) Program, or benefits under 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 commissioned 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. 

In addition, the definition of ‘‘employee’’ includes certain individuals who are not employed by the United States Government but 

to whom Congress has extended coverage as ‘‘employees’’ under 

CSRS, FERS, the Federal Employees’ Group Life Insurance 

(FEGLI) program, FEHBP, or the Federal Long Term Care Insurance Program (FLTCIP). Accordingly, if any such individual who is 

covered under one of those programs has a same-sex domestic partner, the same benefits under the program will apply to the individual and the individual’s domestic partner that apply under the 

program to a married employee and the employee’s spouse. 


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140This provision allows annuitants and other former federal employees to enter into domestic 

partnerships because they are, under various circumstances, entitled to benefits, and other section 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. 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. 

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 affidavit; and then the employee, former employee, or annuitant 

will file it in the manner prescribed by OPM.140

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 affidavit 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— 

• 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. 

• one or both must file a notification terminating 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 terminating 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 under which a domestic partnership is terminated. 


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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 Filing of an Affidavit. This subsection clarifies that an affidavit forming 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 affidavit is filed in accordance 

with regulations of the Director, and the domestic partnership remains in effect until either individual dies or the domestic partnership is otherwise terminated under those regulations. 

New § 2502(d)—Additional Notifications to Government Employer. 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)—Applicability. This subsection clarifies that the 

process for establishing and terminating domestic partnerships 

under 5 U.S.C. § 2502 does not apply for purposes 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. However, this subsection specifies that any two 

individuals determined to be domestic partners for purposes of 

FECA will be deemed to be domestic partners for all other purposes. 

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

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

Section 102—Guidance and educational materials 

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

guidance and educational materials 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 and educational materials with respect to benefits and obligations established under the 

bill must, under the coordination of the Director, issue such materials. 

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

requires the Director to compile the guidance and educational materials prepared by all agencies, prepare guidance and educational 


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materials 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 and educational 

materials are readily available, both in print and on-line. 

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

and educational materials 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.) 

Section 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 

bill further calls upon the President to develop any legislative recommendations 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 volunVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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teers 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 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. 

Section 104—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 

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 401 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 


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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. 

Section 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 

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 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. 

Section 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 curVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00035 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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rent, 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 of determining the entitlement to, and 

amount of, an annuity or a survivor annuity. 

Section 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.) 

Section 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 

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 


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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, if the domestic partnership is established under §§ 2501– 

2502.) 

Section 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 

§ 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. 

Section 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. 

Section 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. 

Section 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 proviVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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sions 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 

Section 301—Definitions 

Section 301 of the bill adds a definition of ‘‘former domestic partner’’ to FERS’s current definition in section, 5 U.S.C. § 8401. It parallels the definition of ‘‘former spouse’’ in § 8401 (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 sections of the bill make 

former domestic partners eligible for a FERS survivor annuity 

under the same conditions that 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). 

Subtitle B—Basic Annuity 

Section 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. 

Section 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 


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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. 

Section 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. 

Section 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. 

Section 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 

apply these rules to annuitants with domestic partners and former 

domestic partners. 

Section 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. 

Section 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. 

Section 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. 


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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 

Section 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. 

Section 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 

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. 

Section 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. 

Section 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). 


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Subtitle D—Survivor Annuities 

Section 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. 

Section 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. 

Section 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 children 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. 

Section 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 

Section 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 


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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. 

Section 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 

Section 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.’’ 

TITLE IV—INSURANCE BENEFITS 

Section 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. Under FEGLI, 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. 


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Section 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 which 

individuals are covered under family FEHB plans and which 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 

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 provisions 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. 

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 inVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00043 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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clude 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 

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 § 8 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. 


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Subsection (j)—Contract requirements on recovery of funds by carriers; Federal court jurisdiction. This subsection provides that 

FEHB carriers may be required under their plan contracts to recover their costs when they pay benefits that other insurance companies are also responsible for paying. The provision also clarifies 

that Federal courts have exclusive jurisdiction over these and other 

claims arising under the FEHB program. 

Subsection (k)—Effective Date. Section 402(j) provides that, generally, 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. As an exception, the amendments made by subsection (j), which clarify that 

FEHB carriers may be required to obtain reimbursement of subrogation and have a remedy to do so, will take effect immediately 

upon the date of enactment and will apply to any claim pending 

on or after that date. 

Section 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. 

Section 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 

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. 

Section 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 

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ative’’ 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 

Section 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. 

Section 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). 

Section 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. 


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Section 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. 

Section 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. 

Section 506—Transportation of family members incident to repatriation of employees held captive 

If a federal employee is held captive and is then repatriated, 5 

U.S.C. § 5760 authorizes the government to provide transportation 

and travel expenses for up to three family members to the repatriation site. Section 506 of the bill would amend § 5760 to include a 

domestic partner as an eligible family member. 

Section 507—Regulations to include domestic partners. 

Several provisions in 5 U.S.C. chapter 57 (§§ 5701 et seq.) authorize federal funds to be used for transportation and related expenses 

for the immediate family members or for the dependants of federal 

employees under various circumstances governed by applicable regulations. Section 507 of the bill requires that such regulations must 

include the domestic partner of an employee within the meaning of 

the terms ‘‘immediate family’’ and ‘‘dependant’’. 

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 

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. 


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Section 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 and procedures 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 criteria and 

procedures 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. 

The definition of ‘‘domestic partner’’ under section 601(6) sets 

forth the basic criteria—that two individuals are of the same sex, 

at least one of them is eligible for coverage under FECA as an employee, they are in a committed domestic-partnership relationship, 

they are at least 18 years old, and they are not blood relatives. The 

Secretary will determine whether two individuals satisfy those criteria under regulations to be issued by the Secretary in consultation with the Director of OPM. 

To establish who may 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. 

Section 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. 

Section 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 


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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. 

Section 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 those under which married children are excluded. 

Section 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. 

Section 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. 

Section 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. 


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Section 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 applies generally to non-federal employees 

who are dock workers, maritime workers other than seamen, and 

several other specified groups of non-federal 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 die from compensable injuries, 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 full coverage of the 

Longshore Act to nonappropriated fund employees who are in domestic partnership and their domestic partners. 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 and their domestic partners, 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 

equal rank. For applying this section to nonappropriated fund employees and their domestic partners, 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 


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widower and any surviving child or children, under various circumstances. For applying this section to nonappropriated fund employees and their domestic partners, 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. 

Section 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 

of the date of enactment, the time for filing the claim will be extended, to allow time to go through the procedures 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. 


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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 

Section 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. 

Section 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 

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 

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tion 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. 

Section 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 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. 

Section 704—Payments to missing employees 

5 U.S.C. chapter 55, subchapter VII (§§ 5561–5570) provides that, 

when a federal employee is in captive or missing status due to hostile action, the government under certain circumstances will make 

certain payments to the employee’s dependents. The term ‘‘dependent’’ is defined in § 5561(3) to include a wife and a dependent stepchild, and section 704(a) of the bill amends that definition to include a domestic partner and the dependent child of a domestic 

partner. In addition, under 5 U.S.C. § 5569(f) particular benefits 

may be made available to a captive employee’s spouse, and section 

704(b) of the bill amends that section to make a domestic partner 

eligible for such benefits under the same circumstances. 


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Section 705—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 

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 provides 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 domesVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00054 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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tic 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 that 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 VIII—ETHICS IN GOVERNMENT, CONFLICTS OF INTEREST, EMPLOYMENT OF RELATIVES, GIFTS AND EMPLOYEE CONDUCT 

Section 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. 

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 

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tually 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 within the meaning of the IRC. 

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. 

Section 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 

generally an exception under § 203(d) for representing one’s immediate 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. 


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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. 

Section 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. 

Section 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. 

Section 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 United States 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 

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. 


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Section 806—Acceptance of travel assistance from non-federal 

sources 

Under 31 U.S.C. § 1353(a), the Administrator of General Services, in consultation with the Director of the Office of Government 

Ethics, prescribes by regulation the conditions under which an 

agency may accept payment from non-Federal sources for the attendance at a work-related meeting of an employee or the employee’s spouse. Section 806 of the bill amends § 1353(a) to include payment for the attendance of the employee’s domestic partner under 

the same conditions. 

V. ESTIMATED COST OF LEGISLATION

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, November 15, 2012. 

Hon. JOSEPH I. LIEBERMAN, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1910, the Domestic Partnership Benefits and Obligations Act of 2011. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Amber Marcellino. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 1910—Domestic Partnership Benefits and Obligations Act of 

2011 

Summary: S. 1910 would make same-sex domestic partners of 

certain federal employees (including certain employees of the District of Columbia who were first employed by the District before 

October 1, 1987) eligible to receive the same employment benefits 

as married spouses of federal employees. Benefits that would affect 

the federal budget include health insurance, survivor annuities, 

compensation for work-related injuries, and travel and relocation 

benefits. 

S. 1910 also would require insurance plans that participate in 

the Federal Employee Health Benefits (FEHB) program to recover 

payments when a third party is liable for the health care costs of 

a covered enrollee, and would clarify that federal law regarding 

such recoveries preempts state or local law. 

CBO estimates that enacting S. 1910 would decrease net direct 

spending by $13 million between 2013 and 2022. Pay-as-you-go procedures apply because enacting the legislation would affect direct 

spending. Over the same period, CBO estimates that implementing 

the bill would have a discretionary cost of $144 million, assuming 

appropriation of the necessary funds. 

Some of the costs of S. 1910 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 the bill includes such off-budget costs, 

which would total $68 million between 2013 and 2022. 


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S. 1910 would impose intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA), but CBO estimates 

that the cost of those mandates would be small and would not exceed the threshold established in UMRA for intergovernmental 

mandates ($73 million in 2012, adjusted annually for inflation). 

This bill contains no private-sector mandates as defined in UMRA. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1910 is shown in the following table. The impacts of this legislation fall mostly within budget functions 550 

(health) and 600 (income security). 


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By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2013–2017 2013–2022 

CHANGES IN DIRECT SPENDING a

Federal Employees Health Benefits (FEHB) Program: 

Estimated Budget Authority ....................................................................................................... 0 ¥1 ¥1 0 ¥1 0 1 2 3 4 ¥4 7 

Estimated Outlays ...................................................................................................................... 0 ¥1 ¥1 0 ¥1 0 1 2 3 4 ¥4 7 

Survivor Annuities: 

Estimated Budget Authority ....................................................................................................... ¥1 ¥1 ¥1 ¥2 ¥2 ¥2 ¥3 ¥3 ¥3 ¥3 ¥7 ¥22 

Estimated Outlays ...................................................................................................................... ¥1 ¥1 ¥1 ¥2 ¥2 ¥2 ¥3 ¥3 ¥3 ¥3 ¥7 ¥22 

Federal Employment Compensation Act (FECA) Benefits: 

Estimated Budget Authority ....................................................................................................... * * * * * * * * * * 1 2 Estimated Outlays ...................................................................................................................... * * * * * * * * * * 1 2 Total Changes: 

Estimated Budget Authority .............................................................................................. ¥1 ¥3 ¥2 ¥2 ¥3 ¥3 ¥2 ¥1 * 1 ¥10 ¥13 

Estimated Outlays ............................................................................................................. ¥1 ¥3 ¥2 ¥2 ¥3 ¥3 ¥2 ¥1 * 1 ¥10 ¥13 

Total On-Budget Outlays .................................................................................................. ¥1 ¥6 ¥7 ¥8 ¥10 ¥10 ¥10 ¥10 ¥10 ¥10 ¥30 ¥81 

Total Off-Budget Outlays .................................................................................................. * 3 5 5 7 8 8 9 10 11 20 68 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

FEHB Program Costs for Active Employees: 

Estimated Authorization Level ................................................................................................... 0 9 12 13 14 15 16 17 18 19 48 133 Estimated Outlays ...................................................................................................................... 0 9 12 13 14 15 16 17 18 19 48 133 

Travel and Relocation Benefits: 

Estimated Authorization Level ................................................................................................... 1 1 1 1 1 1 1 1 1 1 5 10 Estimated Outlays ...................................................................................................................... 1 1 1 1 1 1 1 1 1 1 5 10 

FECA Agency Costs: 

Estimated Authorization Level ................................................................................................... * * * * * * * * * * * 1 Estimated Outlays ...................................................................................................................... * * * * * * * * * * * 1 Total Changes 

Estimated Authorization Level .......................................................................................... 1 10 13 14 15 16 17 18 19 20 53 144 Estimated Outlays ............................................................................................................. 1 10 13 14 15 16 17 18 19 20 53 144 

Sources: Congressional Budget Office and staff of the Joint Committee on Taxation. Note: * = less than $500,000. a Negative numbers indicate a decrease in the deficit. 


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Basis of estimate: For this estimate, CBO assumes that S. 1910 

will be enacted late in 2012 and that the necessary amounts will 

be appropriated for each year. CBO expects that few federal employees (less than 1 percent) would choose to register a same-sex 

domestic partnership if given the opportunity. That figure is based 

on information from state and local governments as well as research on the experience of organizations that have adopted similar 

policies. CBO estimates that approximately 60 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. 1910 would apply to eligible current federal employees, except members of the armed services. 

CBO estimates that S. 1910 would increase recoveries under the 

FEHB program by approximately 25 percent. Because recoveries 

limit future premium rate increases, an increase in those collections would reduce future FEHB premiums compared to what they 

would be under current law. 

Direct spending 

Federal Employees Health Benefits Program. The FEHB program provides health insurance coverage to federal workers and 

annuitants as well as to their spouses, dependents, and survivors. 

S. 1910 would extend eligibility for those benefits to the same-sex 

domestic partners of current workers and future federal retirees, 

resulting in additional family policies under the FEHB program. In 

addition, the legislation would require plans participating in the 

FEHB program to recover payments when a third party is liable 

for the health care costs of a covered enrollee, and clarify that federal law regarding such recoveries preempts state or local law. 

Under S. 1910, CBO expects that recoveries would lower premiums 

paid by the government, offsetting some or all of the additional 

costs of the new family policies. 

The federal government’s share of health care premiums for retirees is classified as direct spending (unlike premiums for current 

workers, which are discussed in the next section). CBO projects 

that over the 2013–2022 period approximately 100 additional family policies would be added to the FEHB program each year by future non-Postal Service retirees who choose to cover same-sex domestic partners. As a result, payments made by the government for 

future retiree health benefits would rise by $43 million over that 

period. However, by increasing federal health program recoveries, 

S. 1910 would result in lower premium payments by the government on behalf of retirees, reducing spending for annuitants by 

$103 million over the same period. The net effect of S. 1910 on direct spending for non-Postal Service FEHB annuitants would be a 

decrease of $60 million over the 2013–2022 period. 

Same-sex domestic partners of Postal Service employees and future retirees also would be eligible for coverage under S. 1910. 

Over the 2013–2022 period, CBO estimates that providing health 

benefits to the domestic partners of active postal workers would result in about 1,000 Postal Service employees moving from individual to family coverage plans annually. Additionally, CBO anticipates that fewer than 100 future retirees from the Postal Service 

would move to family coverage for their same-sex domestic partners each year. 


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The cash flows of the Postal Service are classified as off-budget, 

although the total federal budget records the agency’s net spending. CBO estimates that extending federal health benefits to eligible partners would increase payments for those individuals by $88 

million from 2013 through 2022. However, increased recoveries 

from federal health insurance plans would offset those payments by 

$21 million over the same period. On net, S. 1910 would increase 

off-budget costs by $68 million through 2022, CBO estimates. 

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 or her 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. 1910, eligible federal employees with a registered samesex domestic partner would become eligible at retirement for the 

same survivor benefit for their partner. Based on existing take-up 

rates and demographic data, 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 around 300 new federal retirees per year (through 2022) 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 to surviving partners over the next 10 years. 

However, over the 2013–2022 period, the estimated annuity reductions would outweigh the additional survivor benefits. On net, CBO 

estimates that direct spending would decrease by $22 million over 

that period. 

Federal Employment Compensation Act (FECA) Benefits. FECA 

provides compensation to federal civilian employees for disabilities 

that result from personal injuries sustained while performing official duties. 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 estimates that enacting S. 1910 would extend additional FECA benefits to less than 100 

federal employees each year. Over the 2013–2022 period, those additional benefits would total $2 million. (About $1 million of those 

costs would accrue to the Postal Service, and thus would be offbudget.) 

Spending subject to appropriation 

In total, CBO estimates that implementing S. 1910 would have 

a discretionary cost of $144 million over the 2013–2022 period, assuming appropriation of the necessary amounts. 

FEHB Program Costs for Active Federal Employees. CBO estimates that providing family coverage policies to approximately 

3,000 non-Postal Service employees who would elect coverage for 

same-sex domestic partners would increase federal agency contributions to FEHB premiums by $243 million over the 2013–2022 


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period. However, by increasing federal health program recoveries, 

government premium payments for current non-Postal Service employees would decrease by $110 million over the same period. On 

net, implementing S. 1910 would increase agency spending by $133 

million over the 2013–2022 period, assuming appropriation of the 

necessary funds. 

FECA Agency Costs. As discussed above under ‘‘Direct Spending,’’ this bill would result in increased spending for federal workers’ compensation. The additional benefits that would be paid to 

workers are considered direct spending. However, employing agencies reimburse the Department of Labor for providing those benefits using funds from discretionary appropriations (except for the 

Postal Service, which does not receive appropriations). CBO estimates that enacting S. 1910 would therefore increase the need for 

appropriations to agencies’ salaries and expense accounts; assuming the availability of appropriated funds, outlays would increase 

by $1 million through 2022. 

Travel and Relocation Benefits. S. 1910 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 these benefits would increase spending by about $10 million over the 2013–2022 period, 

assuming appropriation of the necessary amounts. 

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 outlays that are subject to those pay-as-you-go procedures are shown in the following table. Only on-budget changes to 

outlays or revenues are subject to pay-as-you-go procedures. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1910, AS ORDERED REPORTED BY THE 

SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS ON MAY 16, 2012 

By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2013– 

2107 

2013– 

2022 

NET INCREASE OR DECREASE (¥) IN THE ON-BUDGET DEFICIT 

Statutory 

Pay-AsYou-Go 

Impact ¥1 ¥6 ¥7 ¥8 ¥10 ¥10 ¥10 ¥10 ¥10 ¥10 ¥30 ¥81 

Intergovernmental and private-sector impact: S. 1910 would impose an intergovernmental mandate as defined in UMRA by requiring the District of Columbia to provide health insurance benefits to 

the domestic partners of employees first employed by the District 

before October 1, 1987. The bill also would preempt state and local 

laws that prohibit FEHB insurers from seeking reimbursement 

from enrollees when the enrollees recover funds from third parties. 

Information from agency, state, and industry sources indicates that 

relatively few beneficiaries would be added to the FEHB program, 

and the limits on state and local authority would impose no duties 

with costs. Therefore, CBO estimates that the cost of the mandate 


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would be small and would not exceed the threshold established in 

UMRA for intergovernmental mandates ($73 million in 2012, adjusted annually for inflation). 

S. 1910 contains no private-sector mandates as defined in 

UMRA. 

Estimate prepared by: Federal Retirement: Amber G. Marcellino; 

FEHB: Julia Mitchell; 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 

* * * * * * * 


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* As amended by bill section 702(b). 

** As amended by bill section 801(b)(2)(B)(i). 

§ 1312. Rights and protections under Family and Medical 

Leave Act of 1993 *

(a) * * * 

* * * * * * * 

(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 application 

of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 

et seq.) under subsection (a)(1) as to a covered employee who 

has a domestic partner— 

(A) sections 102 through 105 of that Act shall apply as 

though ‘‘domestic partner’’ were inserted after ‘‘spouse’’ each 

place it appears in those sections; 

(B) section 101(12) of that Act shall apply as though a 

child of the domestic partner of a covered employee, which 

child meets the conditions of subparagraphs (A) and (B) of 

that section were included in the term ‘‘son or daughter’’ as 

defined in that section; and 

(C) 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 that Act, shall apply. 

(3) APPLICATION TO EMPLOYEES OF THE GOVERNMENT ACCOUNTABILITY OFFICE.—In the application of the Family and 

Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) as to an employee of the Government Accountability Office who has a domestic partner— 

(A) sections 102 through 105 of that Act shall apply as 

though ‘‘domestic partner’’ were inserted after ‘‘spouse’’ each 

place it appears in those sections; 

(B) section 101(12) of that Act shall apply as though a 

child of the domestic partner of the employee, which child 

meets the conditions of subparagraphs (A) and (B) of that 

section were included in the term ‘‘son or daughter’’ as defined in that section; and 

(C) in any case in which the employee and the domestic 

partner of the employee are both employed by the Government Accountability Office, the limit on the aggregate number of workweeks of leave to which both may be entitled, as 

stated in section 102(f) of that Act, shall apply. 

* * * * * * * 

CHAPTER 26—DISCLOSURE OF LOBBYING ACTIVITIES 

* * * * * * * 

§ 1602. Definitions **

As used in this chapter: 


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* As amended by bill section 702(c). 

(1) * * * 

* * * * * * * 

(4) COVERED LEGISLATIVE BRANCH OFFICIAL.—The term ‘‘covered 

legislative branch official’’ means— 

(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 application 

of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 

et seq.) under subsection (a)(1) as to a covered employee who 

has a domestic partner— 

(A) sections 102 through 105 of that Act shall apply as 

though ‘‘domestic partner’’ were inserted after ‘‘spouse’’ each 

place it appears in those sections; 

(B) section 101(12) of that Act shall apply as though a 

child of the domestic partner of a covered employee, which 

child meets the conditions of subparagraphs (A) and (B) of 

that section, were included in the term ‘‘son or daughter’’ 

as defined in that section; and 

(C) if the covered employee and the domestic partner of 

the covered employee are employed by the same employing 


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*As added by bill section 101(b). 

**As added by bill section 101(a). †As added by bill section 101(a). 

office, the limit on the aggregate number of workweeks of 

leave to which both may be entitled, as stated in section 

102(f) of that Act, 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, 8401, or 

8901(3)(A); and 

(B) as determined under regulations prescribed by the 

President or a designee of the President, 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 terminated 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; 


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* As added by bill section 101(a). 

(D) an individual who is an employee, as defined under 

section 8331, 8401, 8701, 8901, or 9001; or 

(E) 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. 

§ 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 affidavit 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 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 factors, financial considerations, family responsibilities, or other similar reason 

(which shall be specifically 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; 


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(ii) either or both of the domestic partners are required to file notification under subsection (b)(2) terminating 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 

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 THE FILING OF AN AFFIDAVIT.— 

(1) The filing of an affidavit under subsection (a)(2) 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— 

(A) unless an affidavit has been filed in accordance with 

this section and with regulations prescribed by the Director; 

or 

(B) after the earlier of— 

(i) the date of death of either individual; or 


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* As amended by bill section 803. 

(ii) the date as of which the domestic partnership is 

otherwise terminated, as determined under regulations 

prescribed by the Director. 

(d) ADDITIONAL NOTIFICATIONS TO GOVERNMENT EMPLOYER.—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. 

(e) APPLICABILITY.— 

(1) This section applies for purposes of the provisions of this 

title (excluding chapter 81). 

(2) Two individuals determined under section 8101(21) or 

8171(e)(1)(A) to be domestic partners for purposes of chapter 81 

shall be deemed to be domestic partners in a domestic partnership, as defined under section 2501, for purposes of any provision of law to which that definition applies. 

(3) Under regulations prescribed by the President, the Secretary of Labor shall inform the Director of any individuals determined under section 8101(21) or 8171(e)(1)(A) to be domestic 

partners. 

(f) REGULATIONS.—The Director shall issue regulations to carry 

out subsection (a) through (d). 

* * * * * * * 

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 


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* As amended by bill section 704(a). 

(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 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 

§ 5561. Definitions*

For the purpose of this subchapter— 

(1) * * * 

* * * * * * * 

(3) ‘‘dependent’’ means— 

(A) a øwife¿ spouse (or domestic partner); 

ø(B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age;¿ 

(B) a child, including a dependent adopted child (or a 

dependent child of a domestic partner not adopted by or 

otherwise the child of the employee), who is— 

(i) unmarried (and not in a domestic partnership); 

and 

(ii) under 21 years of age; 

* * * * * * * 

(5) ‘‘missing status’’ means the status of an employee who is 

in active service and is officially carried or determined to be 

absent in a status of— 

(A) * * * 

* * * * * * * 

(E) detained in a foreign country against his will; but 

does not include the status of an employee for a period 


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* As amended by bill section 704(b). 

** As amended by bill section 703(a), (c). 

during which he is officially determined to be absent from 

his post of duty without authority; øand¿ 

(6) ‘‘pay and allowances’’ means— 

(A) * * * 

* * * * * * * 

(F) station per diem allowances for not more than 90 

daysø.¿; and 

(7) ‘‘domestic partner’’ and ‘‘domestic partnership’’ have the 

meanings given under section 2501. 

* * * * * * * 

§ 5569. Benefits for captives*

(a) * * * 

* * * * * * * 

(f)(1)(A) Under regulations prescribed by the President, the head 

of an agency shall pay (by advancement or reimbursement) a 

spouse (or domestic partner) or child of a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution. 

(B) Except as provided in subparagraph (C), payments shall be 

available under this paragraph for a spouse (or domestic partner) 

or child of an individual who is a captive for education or training 

which occurs— 

(i) * * * 

* * * * * * * 

(C) In the event a captive dies and the death is incident to that 

individual being a captive, payments shall be available under this 

paragraph for a spouse (or domestic partner) or child of such individual for education or training which occurs after the date of such 

individual’s death. 

(D) The preceding provisions of this paragraph shall not apply 

with respect to any spouse (or domestic partner) or child who is eligible for assistance under chapter 35 of title 38 or similar assistance under any other provision of law. 

* * * * * * * 

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) * * * 

* * * * * * * 


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* As amended by bill section 703(b). 

(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 Government 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 (as defined under section 2501)) 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 

* * * * * * * 

Sec. 

5701. Definitions. 

* * * * * * * 

5761. Foreign language proficiency pay awards for the Federal Bureau of Investigation. 


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* As added by bill section 507(b). 

† As amended by bill section 501. 

‡ As amended by bill section 502. 

5762. Regulations to include domestic partners. *

* * * * * * * 

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, 

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 


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* As amended by bill section 503. 

** As amended by bill section 504. * As amended by bill section 505. 

(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 

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 

the employee’s domestic partner, if joint filing by them is allowed 

and if 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) * * * 

* * * * * * * 


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† As amended by bill section 506. 

‡ As added by bill section 507. 

* As amended by bill section 701(a). 

(4) Travel and transportation expenses of the employee and 

spouse (or domestic partner) to seek new residence quarters at 

the assignment location. 

* * * * * * * 

§ 5760. Travel and transportation allowances: transportation 

of family members incident to the repatriation of 

employees held captive † 

* * * * * * * 

(c) ELIGIBLE FAMILY MEMBERS.—In this section, the term ‘‘family 

member’’ has the meaning given the term in section 481h(b) of title 

37ø.¿, and includes the domestic partner (as defined under section 

2501) of an employee described in subsection (b). 

* * * * * * * 

§ 5761. Foreign language proficiency pay awards for the 

Federal Bureau of Investigation 

* * * * * * * 

§ 5762. Regulations to include domestic partners ‡

Regulations prescribed under, or to administer provisions of, this 

chapter shall include a domestic partner (as defined under section 

2501) within the meaning of the terms ‘‘immediate family’’ and ‘‘dependent’’. 

* * * * * * * 

Subpart E—Attendance and Leave 

* * * * * * * 

CHAPTER 63—LEAVE 

* * * * * * * 

Subchapter III—Voluntary Transfers of Leave 

* * * * * * * 

§ 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 

* * * * * * * 


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**As amended by bill section 701(b). 

†As amended by bill section 702(a)(1). 

* As amended by bill section 702(a)(2)). 

§ 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 øparentis,¿ 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; 

* * * * * * * 

(11) the term ‘‘serious injury or illness’’— 

* * * * * * * 

(B) in the case of a veteran who was a member of the 

Armed Forces (including a member of the National Guard 

or Reserves) at any time during a period described in paragraph (8)(B), means an injury or illness that was incurred 

by the member in line of duty on active duty in the Armed 

Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on 

active duty in the Armed Forces) and that manifested 

itself before or after the member became a veteran; øand¿ 

(12) the term ‘‘veteran’’ has the meaning given the term in 

section 101 of title 38, United States Codeø.¿; and 

(13) the term ‘‘domestic partner’’ has the meaning given under 

section 2501. 

§ 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) * * * 

* * * * * * * 


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* As amended by bill section 702(a)(3). 

(C) In order to care for the øspouse,¿ spouse (or domestic 

partner), or a son, daughter, or parent, of the employee, if such 

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 

stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include ømarried brothers or marVerDate Mar 15 2010 03:06 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00079 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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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 not adopted by or otherwise the 

children of the employee), adopted children, and posthumous 

children, but does not include ømarried children¿ any child 

who is married (or in a domestic partnership); 

* * * * * * * 

(18) ‘‘price index’’ means the Consumer Price Index (all 

items—United States city average) published monthly by the 

Bureau of Labor Statistics; øand¿ 

(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) ‘‘domestic partner’’ means an individual who is in a domestic partnership with another individual, as determined by 

the Secretary of Labor for purposes of this subchapter under 

regulations issued by the Secretary, in consultation with the Director of the Office of Personnel Management— 

(A) who are of the same sex; 

(B) at least 1 of whom is an employee or an individual 

otherwise eligible for coverage under this subchapter (or 

any application or extension thereof) based on such individual’s employment or other service; 

(C)(i) who 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) who 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 such reasons as an assignment abroad or other employment-related factors, financial 

considerations, family responsibilities or other such reasons); 

(iii) who share responsibility for a significant measure of 

each other’s welfare and financial obligations; and 

(iv) neither of whom is married to or in a domestic partnership with anyone except each other; 

(D) who are at least 18 years of age and mentally competent to consent to a contract; and 

(E) who 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; and 


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* As amended by bill section 602. 

† As amended by bill section 603. 

(22) 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 not adopted by or otherwise the children of the employee) who were a part of the decedent’s household at the 

time of death; 

* * * * * * * 

ø(6) If a person covered by this section has a spouse, but designates a person other than the spouse to receive all or a portion of the amount payable under this section, the head of the 

agency, or other entity, in which that person is employed shall 

provide notice of the designation to the spouse.¿ 

(6) If a person covered by this section has a spouse (or a domestic partner), but designates a person other than the spouse 

(or domestic partner) to receive all or a portion of the amount 

payable under this section, the head of the agency, or other entity, in which that person is employed shall provide notice of the 

designation to the spouse (or the domestic partner). 

* * * * * * * 

§ 8109. Beneficiaries of awards unpaid at death; order of 

precedence †

(a) If an individual— 

(1) * * * 

* * * * * * * 

(3) dies from a cause other than the injury before the end of 

the period specified by the schedule; 

the compensation specified by the schedule that is unpaid at his 

death, whether or not accrued or due at his death, shall be paid— 


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† As amended by bill section 604. 

*As amended by bill section 605. 

(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. 

* * * * * * * 

§ 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 


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*As amended by bill section 606. 

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 

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 


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*As amended by bill section 607. 

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). 

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 1 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 


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* As amended by bill section 608(a). 

individual) to which that individual was entitled immediately before the remarriage (or entry into a domestic partnership) (or, in the 

case of a surviving partner, immediately before entry into the subsequent domestic partnership or marriage). 

* * * * * * * 

Subchapter II—Employees of Nonappropriated Fund 

Instrumentalities 

* * * * * * * 

§ 8171. Compensation for work injuries; generally *

(a) * * * 

* * * * * * * 

(e)(1) For the purpose of this section— 

(A) the term ‘‘domestic partner’’ means an individual who is 

in a domestic partnership with another individual, as determined by the Secretary of Labor for purposes of this subchapter 

under regulations issued by the Secretary, in consultation with 

the Director of the Office of Personnel Management— 

(i) who are of the same sex; 

(ii) at least 1 of whom is an employee or an individual 

otherwise eligible for coverage under this subchapter (or 

any application or extension thereof) based on such individual’s employment or other service; 

(iii)(I) who are in a committed domestic-partnership relationship with each other satisfying the conditions in subclauses (II), (III), and (IV) and intend to remain so indefinitely; 

(II) who 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 such reasons as an assignment abroad or other employment-related factors, financial 

considerations, family responsibilities or other such reasons); 

(III) who share responsibility for a significant measure of 

each other’s welfare and financial obligations; and 

(IV) neither of whom is married to or in a domestic partnership with anyone except each other; 

(iv) who are at least 18 years of age and mentally competent to consent to a contract; and 

(v) who 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; and 

(B) the term ‘‘surviving partner’’ means the decedent’s domestic partner at the time of his or her death. 

(2) In the application of the Longshore and Harbor Workers’ Compensation Act under this subchapter— 

(A) section 2(14) of that Act shall apply as though— 


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(i) ‘‘(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) ‘‘(or children in domestic partnerships)’’ were inserted 

after ‘‘married children’’ and ‘‘(or brothers or sisters in domestic partnerships)’’ were inserted after ‘‘married sisters’’; 

(B) in section 8(d)(1) of that Act— 

(i) subparagraphs (A), (C), and (D) shall apply as though 

‘‘(or surviving partner)’’ were inserted after ‘‘widow or widower’’ each place it appears; and 

(ii) subparagraph (D) shall apply as though ‘‘wife, husband,’’ were struck and ‘‘wife or husband (or domestic partner)’’ were inserted; and 

(C) in section 9 of that Act— 

(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 life of the surviving partner, 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 there be 

a surviving child or children of the deceased, the additional 

amount of 162⁄3 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.’’; 


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* As amended by bill section 608(b). 

† As amended by bill section 201. 

(iv) subsection (g) shall apply as though the term ‘‘(or 

surviving domestic partner)’’ were inserted after ‘‘surviving 

wife’’ each place 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. 

* * * * * * * 

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 


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* As amended by bill section 202. 

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; and 

(33) ‘‘former domestic partner’’ means a former domestic partner of an individual— 

(A) if such individual performed at least 18 months of civilian service covered under this subchapter as an employee 

or Member; 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) * * * 

* * * * * * * 

(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 paraVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00088 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

rfrederick on DSK6VPTVN1PROD with 
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* As amended by bill section 203. 

graph (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 

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 


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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 

the election under this paragraph, shall be permanent and unaffected 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 


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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 

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 


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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 

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) 


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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 

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 surviving former spouse (or 

surviving former domestic partner), 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 


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reduced if the election had been in effect on and after the applicable 

date referred to in such sentence shall be 6 percent. 

(iii) The Office shall, by regulation, provide for payment of the deposit required under clause (ii) by a reduction in the annuity of the 

employee or Member. The reduction shall, to the extent practicable, 

be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under clause (ii), except 

that total reductions in the annuity of an employee or Member to 

pay deposits required by the provisions of this paragraph or paragraph (3) shall not exceed 25 percent of the annuity computed under 

subsections (a) through (i), (n), (q), and (r), including adjustments 

under section 8340. The reduction required by this clause, which 

shall be effective on the same date as the election under clause (i), 

shall be permanent and unaffected by any future dissolution of the 

marriage (or termination of the domestic partnership). Such reduction shall be independent of and in addition to the reduction required under clause (i). 

(iv) Notwithstanding any other provision of this subparagraph, 

an election under this subparagraph may not be made for the purpose of providing an annuity in the case of a spouse by remarriage 

(or a domestic partner by a subsequent domestic partnership) if 

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

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

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

benefits for such spouse (or domestic partner) under this subchapter 

based on marriage (or domestic partnership) to such employee or 

Member were then waived under paragraph (1) or a similar prior 

provision of law. 

(v) An election to provide a survivor annuity to a person under 

this subparagraph— 

(I) shall prospectively void any election made by the employee 

or Member under subsection (k)(1) with respect to such person; 

or 

(II) shall, if an election was made by the employee or Member 

under such subsection (k)(1) with respect to a different person, 

prospectively void such election if appropriate written application is made by such employee or Member at the time of making 

the election under this subparagraph. 

(vi) The deposit provisions of clauses (ii) and (iii) shall not apply 

if— 

(I) the employee or Member makes an election under this subparagraph after having made an election under subsection 

(k)(1); and 

(II) the election under subsection (k)(1) becomes void under 

clause (v). 

(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 


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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 

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 surviving former spouse (or 

surviving former domestic partner), 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 


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* As amended by bill sectioin 204. 

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— 

(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. 

* * * * * * * 


rfrederick on DSK6VPTVN1PROD with 
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* As amended by bill section 205. 

(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, 

since the annuity was first payable to the deceased annuitant. 

* * * * * * * 

§ 8341. Survivor annuities *

(a) For the purpose of this section— 

(1) * * * 

* * * * * * * 

(3) ‘‘surviving partner’’ means the surviving domestic partner 

of an employee or Member who— 

(A) was in a domestic partnership with such employee or 

Member for at least 9 months immediately before the death 

of such employee or Member; or 

(B) satisfies such other 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 

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 


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under 18 years of age, including (i) an adopted child, and 

(ii) a østepchild but only if the stepchild¿ stepchild (or 

child of the domestic partner not adopted by or otherwise 

the child of the employee or Member) but only if the stepchild (or the child of the domestic partner) 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; 

(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. 

* * * * * * * 

(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 


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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 waiver 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 


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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 an employee or Member for less than 9 months and a former domestic 

partner of an employee or Member who completed less than 18 

months of service covered by this subchapter. 

(2) If an employee or Member dies after completing at least 18 

months of civilian service, or an employee or Member dies after retiring 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, 


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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 

the lump-sum credit and files application therefor with the Office before the award of the annuity. 

øNotwithstanding 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— 


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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 

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— 


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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 

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) 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. 


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(B) The applicable amount, for purposes of subparagraph (A)(i) in 

the case of a former spouse (or former domestic partner), is the 

amount which would be applicable— 

(i) under subsection (b)(4)(A) in the case of a widow or widower (or surviving partner), if the deceased was an employee or 

Member who died after retirement; 

(ii) under subparagraph (A) of subsection (d) in the case of 

a widow or widower (or surviving partner), if the deceased was 

an employee or Member described in the first sentence of such 

subsection; or 

(iii) under subparagraph (A) of subsection (f) in the case of 

a surviving spouse (or surviving domestic partner), if the deceased was a Member described in the first sentence of such 

subsection. 

(3) The commencement and termination of an annuity payable 

under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except 

that any such annuity— 

(A) shall not commence before— 

(i) the day after the employee, Member, or annuitant dies; 

or 

(ii) the first day of the second month beginning after the 

date on which the Office receives written notice of the order, 

decree, agreement, or election, as the case may be, together 

with such additional information or documentation as the 

Office may prescribe, 

whichever is later, and 

(B) shall terminate— 

(i) except as provided in subsection (k), in the case of an 

annuity computed by reference to clause (i) or (ii) of paragraph (2)(B), no later than the last day of the month before 

the former spouse remarries (or 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 dies. 

(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— 

(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) 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. 

(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, 


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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 

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(j)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent 

that they provide for termination of a survivor annuity because of 

a remarriage 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. 


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* As amended by bill section 206. 

§ 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 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 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 adopted by or 

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. 


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* As amended by bill section 207. 

‡ As amended by bill section 208. 

(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) * * * 

(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 


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*As amended by bill section 209. ** As amended by bill section 312(b). 

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 employee 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.¿ **


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† 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). 

††As amended by bill section 301. 

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). 

* * * * * * * 

Subchapter I—General Provisions 

§ 8401. Definitions ††

For the purposes of this chapter— 

(1) * * * 

* * * * * * * 

(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 years; øand¿ 

(37) the term ‘‘revised annuity employee’’ means any individual who— 

(A) on December 31, 2012— 

(i) is not an employee or Member covered under this 

chapter; 

(ii) is not performing civilian service which is creditable service under section 8411; and 

(iii) has less than 5 years of creditable civilian service under section 8411; and 

(B) after December 31, 2012, becomes employed as an 

employee or becomes a Member covered under this chapter 

performing service which is creditable service under section 8411ø.¿; 

(38) ‘‘domestic partner’’ and ‘‘domestic partnership’’ have the 

meanings given under section 2501; and 

(39) ‘‘former domestic partner’’ means a former domestic partner of an individual— 


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* As amended by bill section 311. 

(A) if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee 

or Member; and 

(B) if the former domestic partner 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) * * * 

* * * * * * * 

(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. 

* * * * * * * 


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* As amended by bill section 312. 

§ 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 

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. 


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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 domestic partner) of such employee or Member who was entitled to a survivor annuity under section 8445, or 

(ii) if there was more than 1 surviving former spouse (or 

surviving former domestic partner), 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 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 


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* As amended by bill section 313. 

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 

entry into a subsequent domestic partnership or a marriage 

by any former domestic partner) by 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 surviving former spouse (or surviving 

former domestic partner), 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 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 


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* As amended by bill section 314. 

† As amended by bill section 315. 

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. 

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 


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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 

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) 


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114 

* As amended by bill section 316. 

* As amended by bill section 317. 

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. 

§ 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— 


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115 

* As amended by bill section 318. 

(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. 

* * * * * * * 

§ 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. 

* * * * * * * 


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* As amended by bill section 321. 

(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. 

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 adopted 

by or 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). 


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* As amended by bill section 322. 

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. 

(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 

* * * * * * * 


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* As amended by bill section 323. 

§ 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 

(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 

* * * * * * * 


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(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 

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 


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* As amended by bill section 324. 

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. 

* * * * * * * 

§ 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’’ means the surviving domestic 

partner of an employee, Member, or annuitant, or of a former 

employee or Member, who— (A) was in a domestic partnership with such employee, 

Member, or annuitant, or former employee or Member, for 

at least 9 months immediately before the death of such employee, Member, or annuitant, or former employee or Member; or 

(B) satisfies such other requirements, based on parenthood and the domestic partnership, as the Director of the 

Office of Personnel Management shall by regulation preVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00122 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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* As amended by bill section 332. 

scribe based on the definition of a widow or widower under 

paragraphs (1)(B) and (2)(B) of this section; and 

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 østepchild but only if the stepchild¿ stepchild (or child 

of the domestic partner not adopted by or otherwise the 

child of the employee or Member) but only if the stepchild 

(or child of the domestic partner) lived with the employee, 

Member, or annuitant in a regular parent-child relationship, (iii) a recognized natural child, and (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) of the employee, Member, or annuitant after the death of such employee, Member, or annuitant; 

(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. 


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(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— 

(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) * * * 


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(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) * * * 

(B) except as provided in paragraph (3), remarries (or 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,¿ subsequent marriage is dissolved by death, divorce, annulment (or subsequent 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;¿ subsequent 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 of such individual had been previously married to such individual and subsequently divorced 

(or the surviving partner of such individual had been previously in a domestic partnership with such individual which 


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domestic partnership was subsequently terminated), and the aggregate time married (or in a domestic partnership) is at least 

9 months. 

* * * * * * * 

(g)(1) If the øwidow or widower¿ widow or 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 or widower (or surviving partner) shall be equal to 50 

percent of the amount determined under paragraph (2) (or one-half 

thereof 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 or 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 or 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. 


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* As amended by bill section 333. 

* As amended by bill section 334. 

§ 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— 

(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. 


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(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 Member, 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. 


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**As amended by bill § 341. *As amended by bill § 342. 

(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. 

* * * * * * * 

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— 


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†As amended by bill section 351. 

*As amended by bill section 401(a)(1). 

(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 

* * * * * * * 

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, østepchild 

or foster child (but only if the stepchild¿ stepchild (or child of 

the domestic partner of the individual not adopted by or otherwise the child of the individual) or foster child (but only if the 

stepchild (or the child of the domestic partner) or foster child 

lived with the individual in a regular parent-child relationship), or recognized natural child— 

(i) * * * 

* * * * * * * 


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*As amended by bill section 401(a)(2). 

†As amended by bill section 401(a)(3). 

*As amended by bill section 402(a). 

(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 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) * * * 

* * * * * * * 


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(5) ‘‘member of family’’ means the spouse (or domestic partner) of an employee or annuitant and øan unmarried dependent child¿ a dependent child who is unmarried (and not in a 

domestic partnership) and is under 22 years of age, including— 

(A) an adopted child or recognized natural child; and 

(B) a stepchild (or a child of the domestic partner not 

adopted by or otherwise the child of the employee or annuitant) or foster child but only if the child lives with the employee or annuitant in a regular parent-child relationship; 

or such øan unmarried dependent child of regardless of age¿ a dependent child regardless of age who is unmarried (and not in a domestic partnership) who is incapable of self-support because of 

mental or physical disability which existed before age 22; 

* * * * * * * 

(8) ‘‘employee organization’’ means— 

(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 former domestic partner of an employee, former employee, or annuitant— 

(A) 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; 

(B) 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 

(C)(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 


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* As amended by bill sections 402(b), (j)(l). 

(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 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) * * * 

(ii) meets equivalent requirements (as prescribed by 

the Office)ø.¿; and 

(13) ‘‘domestic partner’’ and ‘‘domestic partnership’’ have the 

meanings given under section 2501. 

* * * * * * * 

§ 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)(1) 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. 

(2) Each contract under this chapter may require the carrier to 

obtain recovery of fund through reimbursement or subrogation with 

respect to benefits provided to or for an individual covered under 

this chapter. 

(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 


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*As amended by bill section 402(c). 

**As amended by bill section 402(d). 

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. 

* * * * * * * 

(m)(1) øThe terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, 

which relates to health insurance or plans.¿ The provisions of this 

chapter and, by operation of this chapter, the terms of any contract 

established under this chapter shall superseded and preempt any 

State or local law, or any regulation issued thereunder, insofar as 

those provisions or terms relate to health insurance or any plan. 

This paragraph does not apply with respect to State tax or statutory 

reserves. 

* * * * * * * 

§ 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. 

* * * * * * * 


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†As amended by bill section 402(e). 

§ 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 

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. 

* * * * * * * 


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*As amended by bill section 402(f). 

*As amended by bill section 402(g). 

†As amended by bill section 402(h). 

§ 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. 

* * * * * * * 

§ 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 


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*As amended by bill section 402(j)(2). 

†As amended by bill section 402(i). 

**As amended by bill section 403(a)(l). 

of such organization (as determined under section 8903a(d) of this 

title). 

* * * * * * * 

§ 8912. Jurisdiction of Courts*

øThe district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, 

of a civil action or claim against the United States founded on this 

chapter.¿ The district courts of the United States shall have exclusive jurisdiction of any civil action or claim founded on this chapter, 

except for a civil action or claim against the United States within 

the exclusive jurisdiction of the United States Court of Federal 

Claims under section 1491 of title 28 or chapter 71 of title 41. 

* * * * * * * 

§ 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 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. 

* * * * * * * 


rfrederick on DSK6VPTVN1PROD with 
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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). 

§ 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 †N

For purposes of this chapter: 

(1) * * * 

* * * * * * * 

(5) QUALIFIED RELATIVE.—The term ‘‘qualified relative’’ 

means each of the following: 

(A) * * * 

* * * * * * * 

(D)(i) a domestic partner (as that term is defined in section 2501) of an individual described in paragraph (1), (2), 

(3), or (4); 

(ii) a child of a domestic partner referred to in clause (i), 

if such child is at least 18 years of age; and 


rfrederick on DSK6VPTVN1PROD with 
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*As amended by bill section 405(a)(2). 

†As amended by bill section 801(b)(2)(A)(i). 

(iii) a parent of a domestic partner referred to in paragraph (1) or (3). 

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) * * * 

* * * * * * * 

(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). 

* * * * * * * 


rfrederick on DSK6VPTVN1PROD with 
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†As amended by bill section 801(a). 

§ 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— 

(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— 


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(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 

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 liVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00141 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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abilities 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) * * * 

* * * * * * * 

(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 inVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00142 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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*As amended by bill sections 801(b)(1). 

*As amended by bill sections 801(b)(1). 

volved 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 Marshall 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) * * * 

(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; 


rfrederick on DSK6VPTVN1PROD with 
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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— 

(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 resiVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00144 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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*As amended by bill section 801(c). 

dence 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 organization 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, 


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†As amended by bill section 801(d). 

*As amended by bill section 802(a). 

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) * * * 

* * * * * * * 

(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 repVerDate Mar 15 2010 02:47 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00146 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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†As amended by bill section 802(b). 

*As amended by bill section 802(c). 

resenting 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 705(a). 

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 not adopted by or otherwise the child of 

the Comptroller General) 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. 

* * * * * * * 


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*As amended by bill section 705(b). 

**As amended by bill section 705(c). 

§ 773. Election of survivor benefits *

(a) * * * 

(b) A Comptroller General electing to provide survivor benefits 

shall— 

(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— 


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*As amended by bill section 705(d). 

**As amended by bill section 705(e). 

(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; 

* * * * * * * 

(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, marVerDate Mar 15 2010 03:06 Jan 06, 2013 Jkt 029010 PO 00000 Frm 00150 Fmt 6659 Sfmt 6602 E:\HR\OC\SR257.XXX SR257

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*As amended by bill section 705(f). 

**As amended by bill section 806. 

ries¿ 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. 

(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. 

* * * * * * * 

Subtitle II—The Budget Process 

* * * * * * * 

CHAPTER 13—APPROPRIATIONS 

* * * * * * * 

Subchapter III—Limitations, Exceptions, and Penalties 

* * * * * * * 

§ 1353. Acceptance of travel and related expenses from nonFederal sources **

(a) Notwithstanding any other provision of law, the Administrator of General Services, in consultation with the Director of the 

Office of Government Ethics, shall prescribe by regulation the Conditions under which an agency in the executive branch (including 

an independent agency) may accept payment, or authorize an employee of such agency to accept payment on the agency’s behalf, 

from non-Federal sources for travel, subsistence, and related expenses with respect to attendance of the employee (or the spouse 

(or domestic partner (as defined under section 2501 of title 5)) of 

such employee) at any meeting or similar function relating to the 

official duties of the employee. Any cash payment so accepted shall 

be credited to the appropriation applicable to such expenses. In the 

case of a payment in kind so accepted, a pro rata reduction shall 

be made in any entitlement of the employee to payment from the 

Government for such expenses. 

* * * * * * * 


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*As amended by bill § 801(b)(2)(B)(ii). 

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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