II 

112TH CONGRESS 

1ST SESSION S. 1910 

To provide benefits to domestic partners of Federal employees. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2011 

Mr. LIEBERMAN (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To provide benefits to domestic partners of Federal 

employees. 

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

3 SECTION 1. SHORT TITLE; REFERENCES; AND TABLE OF 

4 CONTENTS. 

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

6 ‘‘Domestic Partnership Benefits and Obligations Act of 

7 2011’’. 

8 (b) REFERENCES.—Except as otherwise expressly 

9 provided, whenever in this Act an amendment or repeal 

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


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1 of, a section or other provision, the reference shall be con2 sidered to be made to a section or other provision of title 

3 5, United States Code. 

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

5 this Act is as follows: 

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

Sec. 2. Purpose. 

TITLE I—ESTABLISHMENT AND TERMINATION OF DOMESTIC 

PARTNERSHIPS; OTHER GENERAL PROVISIONS 

Sec. 101. Federal employees in domestic partnerships. 

Sec. 102. Guidance and educational materials. 

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

are established. 

Sec. 104. Effective date. 

TITLE II—CIVIL SERVICE RETIREMENT SYSTEM 

Sec. 201. Definitions. 

Sec. 202. Creditable service. 

Sec. 203. Computation of annuity. 

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

Sec. 205. Survivor annuities. 

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

Sec. 207. Alternative forms of annuities. 

Sec. 208. Administration; regulations. 

Sec. 209. Participation in the Thrift Savings Plan. 

TITLE III—FEDERAL EMPLOYEES’ RETIREMENT SYSTEM 

Subtitle A—General Provisions 

Sec. 301. Definitions. 

Subtitle B—Creditable Service 

Sec. 311. Creditable service. 

Sec. 312. Survivor reduction for a current spouse or a current domestic partner. 

Sec. 313. Survivor reduction for a former spouse or former domestic partner. 

Sec. 314. Survivor elections; deposit; offsets. 

Sec. 315. Survivor reductions; computation. 

Sec. 316. Insurable interest reductions. 

Sec. 317. Alternative forms of annuities. 

Sec. 318. Lump-sum benefits; designation of beneficiary; order of precedence. 

Subtitle C—Thrift Savings Plan 

Sec. 321. Benefits and election of benefits. 

Sec. 322. Annuities: methods of payment; election; purchase. 


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Sec. 323. Protections for spouses, domestic partners, former spouses, and 

former domestic partners. 

Sec. 324. Justices and judges. 

Subtitle D—Survivor Annuities 

Sec. 331. Definitions. 

Sec. 332. Rights of a widow, widower, or surviving partner. 

Sec. 333. Rights of a child. 

Sec. 334. Rights of a former spouse or former domestic partner. 

Subtitle E—General Administrative Provisions 

Sec. 341. Authority of the Office of Personnel Management. 

Sec. 342. Cost-of-living adjustments. 

Subtitle F—Federal Retirement Thrift Investment Management System 

Sec. 351. Fiduciary responsibilities; liability and penalties. 

TITLE IV—INSURANCE BENEFITS 

Sec. 401. Life insurance. 

Sec. 402. Health insurance. 

Sec. 403. Enhanced dental benefits. 

Sec. 404. Enhanced vision benefits. 

Sec. 405. Long-term care insurance. 

TITLE V—TRAVEL, TRANSPORTATION, AND SUBSISTENCE 

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

Sec. 502. Definition. 

Sec. 503. Relocation expenses of employees transferred or reemployed. 

Sec. 504. Taxes on reimbursements for travel, transportation, and relocation 

expenses of employees transferred. 

Sec. 505. Relocation expenses of an employee who is performing an extended 

assignment. 

Sec. 506. Transportation of family members incident to repatriation of employees held captive. 

Sec. 507. Regulations to include domestic partners. 

TITLE VI—COMPENSATION FOR WORK INJURIES 

Sec. 601. Definitions. 

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

service with an Armed Force. 

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

Sec. 604. Augmented compensation for dependents. 

Sec. 605. Limitations on right to receive compensation. 

Sec. 606. Compensation in case of death. 

Sec. 607. Lump-sum payment. 

Sec. 608. Employees of nonappropriated fund instrumentalities. 

Sec. 609. Effective date. 

TITLE VII—EMPLOYEE LEAVE; DEATH OR CAPTIVITY 

COMPENSATION; OTHER EMPLOYEE BENEFITS 


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Sec. 701. Voluntary transfers of leave; Voluntary Leave Bank Program. 

Sec. 702. Family and medical leave. 

Sec. 703. Settlement of accounts. 

Sec. 704. Payments to missing employees. 

Sec. 705. Compensation for disability or death. 

Sec. 706. Annuity of the Comptroller General. 

TITLE VIII—ETHICS IN GOVERNMENT, CONFLICTS OF INTEREST, 

EMPLOYMENT OF RELATIVES, GIFTS, AND EMPLOYEE CONDUCT 

Sec. 801. Ethics in Government Act of 1978. 

Sec. 802. Conflicts of interest. 

Sec. 803. Employment of relatives, restrictions. 

Sec. 804. Receipt and disposition of foreign gifts and decorations. 

Sec. 805. Regulation of conduct; gifts. 

Sec. 806. Acceptance of travel assistance from non-Federal sources. 

1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to apply employment bene3 fits and obligations to Federal employees in same-sex do4 mestic partnerships and to their domestic partners that 

5 are the same as the employment benefits and obligations 

6 that apply under existing statutes to married Federal em7 ployees and to their spouses. 

8 TITLE I—ESTABLISHMENT AND 

9 TERMINATION OF DOMESTIC 

10 PARTNERSHIPS; OTHER GEN11 ERAL PROVISIONS 

12 SEC. 101. FEDERAL EMPLOYEES IN DOMESTIC PARTNER13 SHIPS. 

14 (a) IN GENERAL.—Subpart A of part III is amended 

15 by inserting after section 2305 the following: 

16 ‘‘CHAPTER 25—FEDERAL EMPLOYEES IN 

17 DOMESTIC PARTNERSHIPS 

‘‘Sec. 


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‘‘2501. Definitions. 

‘‘2502. Establishment and termination of domestic partnerships. 

1 ‘‘§ 2501. Definitions 

2 ‘‘In this chapter— 

3 ‘‘(1) the term ‘annuitant’ means— 

4 ‘‘(A) an annuitant as defined under section 

5 8331, 8401, or 8901(3)(A); and 

6 ‘‘(B) as determined under regulations pre7 scribed by the President or a designee of the 

8 President, any other individual who is entitled 

9 to benefits (based on the service of such indi10 vidual) under a retirement system for employees 

11 of the Government; 

12 ‘‘(2) the term ‘Director’ means the Director of 

13 the Office of Personnel Management; 

14 ‘‘(3) the term ‘domestic partner’ means either 

15 of the individuals in a domestic partnership; 

16 ‘‘(4) the term ‘domestic partnership’ means a 

17 relationship between 2 individuals of the same sex, 

18 at least 1 of whom is an employee, former employee, 

19 or annuitant, that has been established under sec20 tion 2502(a) and not terminated under section 

21 2502(b); and 

22 ‘‘(5) the term ‘employee’ means— 


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1 ‘‘(A) an employee as defined under section 

2 2105, including an employee referred to in sub3 section (c) or (e) of that section; 

4 ‘‘(B) a Member of Congress; 

5 ‘‘(C) the President; 

6 ‘‘(D) an individual who is an employee, as 

7 defined under section 8331, 8401, 8701, 8901, 

8 or 9001; or 

9 ‘‘(E) any other individual who is employed 

10 by the Government and is included within this 

11 definition under regulations prescribed by the 

12 President or a designee of the President. 

13 ‘‘§ 2502. Establishment and termination of domestic 

14 partnerships 

15 ‘‘(a) ESTABLISHMENT OF DOMESTIC PARTNER16 SHIP.— 

17 ‘‘(1) An employee, former employee, or annu18 itant and another individual (who may also be an 

19 employee, former employee, or annuitant) may es20 tablish a domestic partnership as provided in this 

21 section for the purposes of the provisions of law to 

22 which this chapter applies. 

23 ‘‘(2) To establish a domestic partnership, the 2 

24 individuals referred to in paragraph (1) shall jointly 

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1 nuitant shall file, an affidavit in such form and filed 

2 in such manner as the Director shall by regulation 

3 prescribe. 

4 ‘‘(3) By the affidavit referred to in paragraph 

5 (2), each of the individuals shall attest to the fol6 lowing: 

7 ‘‘(A)(i) The individuals are of the same 

8 sex; and 

9 ‘‘(ii) the individual who files the affidavit is 

10 an employee, former employee, or annuitant. 

11 ‘‘(B)(i) The individuals are in a committed 

12 domestic-partnership relationship with each 

13 other satisfying the conditions in clauses (ii), 

14 (iii), and (iv) and intend to remain so indefi15 nitely. 

16 ‘‘(ii) The individuals have a common resi17 dence and intend to continue to do so (or would 

18 have a common residence, but are prevented 

19 from doing so because of an assignment abroad 

20 or other employment-related factors, financial 

21 considerations, family responsibilities, or other 

22 similar reason (which shall be specifically iden23 tified in the affidavit)). 


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1 ‘‘(iii) The individuals share responsibility 

2 for a significant measure of each other’s welfare 

3 and financial obligations. 

4 ‘‘(iv) Neither individual is married to or in 

5 a domestic partnership with anyone except each 

6 other. 

7 ‘‘(C) Each individual is at least 18 years 

8 of age and mentally competent to consent to a 

9 contract. 

10 ‘‘(D) The individuals are not related to 

11 each other by blood in a way that would pro12 hibit legal marriage between individuals other13 wise eligible to marry in the jurisdiction (or, if 

14 applicable, in any jurisdiction) in which the in15 dividuals have a common residence. 

16 ‘‘(E) Each of the individuals understands 

17 that— 

18 ‘‘(i) as a domestic partner, each indi19 vidual not only gains certain benefits, but 

20 also assumes certain obligations, as set 

21 forth in the provision of law to which this 

22 chapter applies, the violation of which may 

23 lead to disciplinary action against an em24 ployee and to criminal and other penalties; 


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1 ‘‘(ii) either or both of the domestic 

2 partners are required to file notification 

3 under subsection (b)(2) terminating the 

4 domestic partnership within 30 days after 

5 any condition under clause (ii), (iii), or (iv) 

6 of subparagraph (B) ceases to be satisfied, 

7 and, if 1 domestic partner dies, the other 

8 is required to file a notification under sub9 section (b)(3) within 30 days after the 

10 death; and 

11 ‘‘(iii) willful falsification of informa12 tion in the affidavit, or willful failure to 

13 file notification as required under sub14 section (b)(2) or (3), may lead to recovery 

15 of amounts obtained as a result of such 

16 falsification or failure, disciplinary action 

17 against an employee, and criminal or other 

18 penalties. 

19 ‘‘(b) TERMINATION OF DOMESTIC PARTNERSHIP.— 

20 ‘‘(1) A domestic partnership is terminated 

21 upon— 

22 ‘‘(A) the death of either domestic partner; 

23 ‘‘(B) the filing of a notification under 

24 paragraph (2) by either or both domestic part25 ners; or 


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1 ‘‘(C) the satisfaction of such other condi2 tions as the Director may by regulation pre3 scribe. 

4 ‘‘(2)(A) If any condition referred to under 

5 clause (ii), (iii), or (iv) of subsection (a)(3)(B) 

6 ceases to be satisfied, either or both of the domestic 

7 partners shall, within 30 days after the condition 

8 ceases to be satisfied, execute and file a notification, 

9 in such form and in such manner as prescribed by 

10 the Director in regulation, stating that the condition 

11 is no longer satisfied and that the domestic partner12 ship is terminated. 

13 ‘‘(B) Each domestic partner has a duty that the 

14 notification under subparagraph (A) be timely filed, 

15 but the duty of 1 domestic partner shall be satisfied 

16 if the other domestic partner timely executes and 

17 files the required notification. 

18 ‘‘(C) The Director shall promulgate regulations 

19 establishing the criteria for determining when any 

20 condition referred to under clause (ii), (iii), or (iv) 

21 of subsection (a)(2)(B) ceases to be satisfied. 

22 ‘‘(3) When one domestic partner dies, the other 

23 domestic partner shall, within 30 days after the 

24 death, execute and file a notification of the death, in 


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1 such form and in such manner as prescribed by the 

2 Director in regulation. 

3 ‘‘(c) EFFECTIVENESS OF THE FILING OF AN AFFI4 DAVIT.— 

5 ‘‘(1) The filing of an affidavit under subsection 

6 (a)(2) shall not be effective for purposes of this sec7 tion unless the filing individual is an employee, 

8 former employee, or annuitant as of the time of the 

9 filing. 

10 ‘‘(2) No individual shall, for purposes of the 

11 provisions of law to which this chapter applies, be 

12 treated as being in a domestic partnership— 

13 ‘‘(A) unless an affidavit has been filed in 

14 accordance with this section and with regula15 tions prescribed by the Director; or 

16 ‘‘(B) after the earlier of— 

17 ‘‘(i) the date of the death of either in18 dividual; or 

19 ‘‘(ii) the date as of which the domestic 

20 partnership is otherwise terminated, as de21 termined under regulations prescribed by 

22 the Director. 

23 ‘‘(d) ADDITIONAL NOTIFICATIONS TO GOVERNMENT

24 EMPLOYER.—A domestic partner employed by an entity 

25 of the United States shall provide such notifications to the 


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1 employing entity of the formation, existence, or termi2 nation of the domestic partnership, in addition to the fil3 ings required under subsections (a) and (b), as may be 

4 required, and in such form and in such manner as pre5 scribed, by the Director in regulation. 

6 ‘‘(e) APPLICABILITY.— 

7 ‘‘(1) This section applies for purposes of the 

8 provisions of this title (excluding chapter 81). 

9 ‘‘(2) Two individuals determined under section 

10 8101(21) or 8171(e)(1)(A) to be domestic partners 

11 for purposes of chapter 81 shall be deemed to be do12 mestic partners in a domestic partnership, as de13 fined under section 2501, for purposes of any provi14 sion of law. 

15 ‘‘(3) Under regulations prescribed by the Presi16 dent— 

17 ‘‘(A) the Secretary of Labor shall inform 

18 the Director of any individual determined under 

19 section 8101(21) or 8171(e)(1)(A) to be domes20 tic partners; and 

21 ‘‘(B) if an individual who is an employee 

22 or annuitant is determined under section 

23 8101(21) or 8171(e)(1)(A) to be a domestic 

24 partner with another individual for purposes of 

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1 lish a domestic partnership under subsection (a) 

2 and shall be subject to the requirements of sub3 sections (b), (c), and (d). 

4 ‘‘(f) REGULATIONS.—The Director shall issue regula5 tions to carry out subsection (a) through (d).’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

7 The table of chapters for part III of title 5, United States 

8 Code, is amended by inserting after the item relating to 

9 chapter 23 the following: 

‘‘25. Federal Employees in Domestic Partnerships ................................. 2501’’. 

10 SEC. 102. GUIDANCE AND EDUCATIONAL MATERIALS. 

11 (a) IN GENERAL.—The officers and agencies that 

12 have authority to develop and issue guidance and edu13 cational materials with respect to benefits and obligations 

14 established under the amendments made by this Act and 

15 the measures taken under section 103 shall issue the ma16 terials— 

17 (1) in accordance with subsection (c); and 

18 (2) if in the executive branch, under the coordi19 nation of the Director of the Office of Personnel 

20 Management. 

21 (b) OFFICE OF PERSONNEL MANAGEMENT.—The 

22 Director of the Office of Personnel Management shall, to 

23 the greatest extent practicable— 

24 (1) compile the materials referred to under sub25 section (a); 


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1 (2) prepare and issue guidance and educational 

2 materials with respect to benefits and obligations 

3 available to domestic partners of certain Secret Serv4 ice and Park Police Officers who are covered under 

5 the DC Police Officers’ and Firefighters’ Retirement 

6 Plan, and include that guidance documentation in 

7 the compilation under paragraph (1); and 

8 (3) ensure that such materials are readily avail9 able to employees and their domestic partners, both 

10 in print form and by publicly accessible website. 

11 (c) TIMELINESS.—To the maximum extent prac12 ticable, the materials shall be— 

13 (1) prepared and made readily available not 

14 later than 30 days before the effective date of this 

15 Act; and 

16 (2) updated as necessary. 

17 (d) EFFECTIVE DATE.—This section shall take effect 

18 on the date of enactment of this Act. 

19 SEC. 103. REVIEW OF PROGRAMS UNDER WHICH EMPLOY20 MENT BENEFITS AND OBLIGATIONS ARE ES21 TABLISHED. 

22 (a) DEFINITIONS.—In this section— 

23 (1) the term ‘‘benefit’’ includes any right, 

24 power, privilege, immunity, or protection, whether 

25 substantive, procedural, remedial, or otherwise; 


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1 (2) the term ‘‘domestic partner’’ means either 

2 of the individuals in a domestic partnership; 

3 (3) the term ‘‘domestic partnership’’ means a 

4 relationship between 2 individuals— 

5 (A) who are of the same sex; 

6 (B) at least 1 of whom is an employee; 

7 (C)(i) who are in a committed domestic8 partnership relationship with each other satis9 fying the conditions in clauses (ii), (iii), and (iv) 

10 and intend to remain so indefinitely; 

11 (ii) who have a common residence and in12 tend to continue to do so (or would have a com13 mon residence, but are prevented from doing so 

14 because of such reasons as an assignment 

15 abroad or other employment-related factors, fi16 nancial considerations, family responsibilities, 

17 or other such reasons); 

18 (iii) who share responsibility for a signifi19 cant measure of each other’s welfare and finan20 cial obligations; and 

21 (iv) neither of whom is married to or in a 

22 domestic partnership with anyone except each 

23 other; 


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1 (D) each of whom are at least 18 years of 

2 age and mentally competent to consent to a 

3 contract; and 

4 (E) who are not related to each other by 

5 blood in a way that would prohibit legal mar6 riage between individuals otherwise eligible to 

7 marry in the jurisdiction (or, if applicable, in 

8 any jurisdiction) in which the individuals have 

9 a common residence; and 

10 (4) the term ‘‘employee’’ means— 

11 (A) an employee as defined under section 

12 2501 of title 5, United States Code, as added 

13 by section 101 of this Act; 

14 (B) a member of the commissioned corps 

15 of the Public Health Service or of the commis16 sioned corps of the National Oceanic and At17 mospheric Administration; or 

18 (C) any other individual performing per19 sonal service to the Government (including an 

20 instrumentality wholly owned by the United 

21 States), whether for pay, for nominal pay, or as 

22 a volunteer, who is not performing such service 

23 as an employee of any employer other than the 

24 Government or as a member of the Armed 

25 Forces; and 


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1 (5) the term ‘‘obligation’’ includes any duty, 

2 disability, or liability, whether substantive, proce3 dural, remedial, or otherwise. 

4 (b) REVIEWS, ADDITIONAL MEASURES, REC5 OMMENDATIONS, AND REPORTS TO CONGRESS.—Not later 

6 than 180 days after the date of enactment of this Act, 

7 and not less frequently than once every 2 years thereafter, 

8 the President and designees of the President shall— 

9 (1) conduct a review of the employment benefits 

10 and of the employment obligations applied to mar11 ried employees and their spouses to determine what 

12 authority exists for the President and designees of 

13 the President to apply such benefits and obligations 

14 to employees who have domestic partners and the 

15 domestic partners of those employees; 

16 (2) include within the review under paragraph 

17 (1) all employment benefits and obligations under 

18 regulations prescribed by the President or a designee 

19 of the President, or promulgated by the head of any 

20 agency or department of the executive branch; 

21 (3) take any additional measures that can be 

22 taken, to the greatest extent practicable and con23 sistent with law, to apply such benefits and obliga24 tions to employees with domestic partners and the 

25 domestic partners of those employees; 


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1 (4) develop recommendations for any legislation 

2 to further apply such benefits and obligations to em3 ployees with domestic partners and the domestic 

4 partners of those employees; and 

5 (5) submit a report to Congress summarizing 

6 the review, determinations, and recommendations 

7 under paragraphs (1), (2), (3), and (4). 

8 (c) EFFECTIVE DATE.—This section shall take effect 

9 on the date of enactment of this Act. 

10 SEC. 104. EFFECTIVE DATE. 

11 (a) IN GENERAL.—Except as otherwise specifically 

12 provided, this Act and amendments made by this Act shall 

13 take effect 180 days after the date of enactment of this 

14 Act. 

15 (b) APPLICATION TO CURRENT AND FUTURE EM16 PLOYEES.—An employee, former employee, or annuitant 

17 shall be eligible to establish a domestic partnership by fil18 ing an affidavit under section 2502(a)(2) of title 5, United 

19 States Code, as added by section 101 of this Act, only 

20 if the employee, former employee, or annuitant is or has 

21 been employed as an employee on or after the effective 

22 date of this Act. 


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1 TITLE II—CIVIL SERVICE 

2 RETIREMENT SYSTEM 

3 SEC. 201. DEFINITIONS. 

4 Section 8331 is amended— 

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

6 end; 

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

8 and inserting a semicolon; and 

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

10 ‘‘(32) ‘domestic partner’ and ‘domestic partner11 ship’ have the meanings given under section 2501; 

12 and 

13 ‘‘(33) ‘former domestic partner’ means a former 

14 domestic partner of an individual— 

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

16 18 months of civilian service covered under this 

17 subchapter as an employee or Member; and 

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

19 a domestic partnership with such individual for 

20 at least 9 months.’’. 

21 SEC. 202. CREDITABLE SERVICE. 

22 Section 8332 is amended— 

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

24 ‘‘former spouse.’’ and inserting ‘‘former spouse (or 

25 former domestic partner).’’; and 


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

2 by striking ‘‘spouse’’ each place it appears and in3 serting ‘‘spouse (or domestic partner),’’. 

4 SEC. 203. COMPUTATION OF ANNUITY. 

5 Section 8339 is amended— 

6 (1) in subsection (j)— 

7 (A) in paragraph (1)— 

8 (i) by inserting ‘‘(or domestic part9 ner)’’ after ‘‘the spouse’’ each place it ap10 pears; 

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

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

13 (iii) by inserting ‘‘(or domestic part14 ner’s)’’ after ‘‘the spouse’s’’ each place it 

15 appears; 

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

17 former domestic partner)’’ after ‘‘former 

18 spouse’’ each place it appears; 

19 (C) in paragraph (3)— 

20 (i) in the first sentence— 

21 (I) by inserting ‘‘(or former do22 mestic partner)’’ after ‘‘former 

23 spouse’’ each place it appears; and 


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1 (II) by inserting ‘‘(or being in a 

2 domestic partnership with)’’ after 

3 ‘‘based on marriage to’’; 

4 (ii) in the second sentence— 

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

6 partnership of the former domestic 

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

8 the former spouse to’’; and 

9 (II) by striking ‘‘is dissolved,’’ 

10 and inserting ‘‘is dissolved (or termi11 nated),’’; 

12 (iii) in the sixth sentence, by striking 

13 ‘‘former spouse.’’ and inserting ‘‘former 

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

15 (iv) in subparagraph (B)— 

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

17 and inserting ‘‘is then married (or is 

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

19 (II) by striking ‘‘the spouse’s 

20 written consent.’’ and inserting ‘‘the 

21 written consent of the spouse (or do22 mestic partner).’’; and 

23 (v) by amending the next to last sen24 tence to read as follows: ‘‘In the case of a 

25 retired employee or Member whose annuity 


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1 is being reduced in order to provide a sur2 vivor annuity for a former spouse (or 

3 former domestic partner), an election to 

4 provide or increase a survivor annuity for 

5 any other former spouse (or any other 

6 former domestic partner), and to continue 

7 an appropriate reduction for that purpose, 

8 may be made within the same period that, 

9 and subject to the same conditions under 

10 which, an election could be made under 

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

12 a current domestic partner), subject to the 

13 provisions of this paragraph relating to 

14 consent of a current spouse (or of a cur15 rent domestic partner), if the retired em16 ployee or Member is then married (or in a 

17 domestic partnership).’’; and 

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

19 follows: 

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

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

22 the current domestic partner) of a retired employee or 

23 Member shall be terminated for each full month— 

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

25 partner); or 


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

2 spouse (or the termination of the domestic partner3 ship of the domestic partner) to the employee or 

4 Member, 

5 except that an appropriate reduction shall be made there6 after if the spouse (or domestic partner) is entitled, as 

7 a former spouse (or former domestic partner), to a sur8 vivor annuity under section 8341(h). 

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

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

11 former domestic partner) of a retired employee or Member 

12 shall be terminated for each full month after the former 

13 spouse remarries (or enters into a domestic partnership) 

14 (or the former domestic partner enters into a subsequent 

15 domestic partnership or marries) before reaching age 55 

16 or dies. This reduction shall be replaced by an appropriate 

17 reduction or reductions under paragraph (4) if the retired 

18 employee or Member has (i) another former spouse (or an19 other former domestic partner) who is entitled to a sur20 vivor annuity under section 8341(h), (ii) a current spouse 

21 to whom the employee or Member was married (or a cur22 rent domestic partner with whom the employee or Member 

23 was in a domestic partnership) at the time of retirement 

24 and with respect to whom a survivor annuity was not 

25 jointly waived under paragraph (1), or (iii) a current 


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24 

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1 spouse whom the employee or Member married (or a cur2 rent domestic partner with whom the employee or Member 

3 entered into domestic partnership) after retirement and 

4 with respect to whom an election has been made under 

5 subparagraph (C) or subsection (k)(2). 

6 ‘‘(C)(i) Upon entry into a subsequent marriage (or 

7 domestic partnership), a retired employee or Member who 

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

9 of retirement, including an employee or Member whose an10 nuity was not reduced to provide a survivor annuity for 

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

12 domestic partner or former domestic partner) as of the 

13 time of retirement, may irrevocably elect during such mar14 riage (or domestic partnership), in a signed writing re15 ceived by the Office— 

16 ‘‘(I) within 2 years after such entry into a sub17 sequent marriage (or domestic partnership); or 

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

19 ‘‘(aa) the death of or entry into a subse20 quent marriage (or domestic partnership) by 

21 any former spouse (or former domestic partner) 

22 of such employee or Member who was entitled 

23 to a survivor annuity under section 8341(h); or 

24 ‘‘(bb) if there was more than 1 surviving 

25 former spouse (or surviving former domestic 


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1 partner), the death of or entry into a subse2 quent marriage (or domestic partnership) by 

3 the last such surviving former spouse (or sur4 viving former domestic partner), 

5 a reduction in the employee’s or Member’s annuity 

6 under paragraph (4) for the purpose of providing an 

7 annuity for such employee’s or Member’s spouse (or 

8 domestic partner) in the event such spouse (or do9 mestic partner) survives the employee or Member. 

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

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

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

13 of the subsequent marriage (or entry into the subsequent 

14 domestic partnership), and the retired employee or Mem15 ber shall deposit in the Fund an amount determined by 

16 the Office of Personnel Management, as nearly as may 

17 be administratively feasible, to reflect the amount by 

18 which the annuity of such retired employee or Member 

19 would have been reduced if the election had been in effect 

20 since the date of retirement or, if later, the date the pre21 vious reduction in such retired employee’s or Member’s an22 nuity was terminated under subparagraph (A) or (B), plus 

23 interest. For the purposes of the preceding sentence, the 

24 annual rate of interest for each year during which an an25 nuity would have been reduced if the election had been 


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26 

•S 1910 IS

1 in effect on and after the applicable date referred to in 

2 such sentence shall be 6 percent. 

3 ‘‘(iii) The Office shall, by regulation, provide for pay4 ment of the deposit required under clause (ii) by a reduc5 tion in the annuity of the employee or Member. The reduc6 tion shall, to the extent practicable, be designed so that 

7 the present value of the future reduction is actuarially 

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

9 that total reductions in the annuity of an employee or 

10 Member to pay deposits required by the provisions of this 

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

12 of the annuity computed under subsections (a) through 

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

14 8340. The reduction required by this clause, which shall 

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

16 (i), shall be permanent and unaffected by any future dis17 solution of the marriage (or termination of the domestic 

18 partnership). Such reduction shall be independent of and 

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

20 ‘‘(iv) Notwithstanding any other provision of this sub21 paragraph, an election under this subparagraph may not 

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

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

24 a subsequent domestic partnership) if such spouse was 

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


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27 

•S 1910 IS

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

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

3 survivor benefits for such spouse (or domestic partner) 

4 under this subchapter based on marriage (or domestic 

5 partnership) to such employee or Member were then 

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

7 of law. 

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

9 person under this subparagraph— 

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

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

12 with respect to such person; or 

13 ‘‘(II) shall, if an election was made by the em14 ployee or Member under such subsection (k)(1) with 

15 respect to a different person, prospectively void such 

16 election if appropriate written application is made by 

17 such employee or Member at the time of making the 

18 election under this subparagraph. 

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

20 shall not apply if— 

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

22 under this subparagraph after having made an elec23 tion under subsection (k)(1); and 

24 ‘‘(II) the election under subsection (k)(1) be25 comes void under clause (v).’’; 


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1 (2) in subsection (k)— 

2 (A) in paragraph (1)— 

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

4 Member’’ and inserting ‘‘an employee or 

5 Member who is married (or in a domestic 

6 partnership)’’; and 

7 (ii) by inserting ‘‘(or domestic part8 ner)’’ after ‘‘spouse’’ each place it appears; 

9 (B) in paragraph (2)— 

10 (i) by striking the matter before sub11 paragraph (B) and inserting the following: 

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

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

14 under a provision of law which permits election of a re15 duced annuity with a survivor annuity payable to such em16 ployee’s or Member’s spouse (or domestic partner) and 

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

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

19 Office— 

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

21 Member marries (or enters into a domestic partner22 ship); or 

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

24 ‘‘(I) the death of, or entry into a subse25 quent marriage (or domestic partnership) by, 


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1 any former spouse (or former domestic partner) 

2 of such employee or Member who was entitled 

3 to a survivor annuity under section 8341(h); or 

4 ‘‘(II) if there was more than 1 surviving 

5 former spouse (or surviving former domestic 

6 partner), the death of or entry into a subse7 quent marriage (or domestic partnership) by 

8 the last such surviving former spouse (or sur9 viving former domestic partner), 

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

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

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

13 matter before subclause (I)), by striking 

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

15 entry into a domestic partnership).’’; 

16 (iii) in subparagraph (B)(ii), by in17 serting ‘‘(or in a domestic partnership)’’ 

18 after ‘‘married’’; and 

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

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

21 domestic partnership).’’; and 

22 (3) in subsection (o)(1)— 

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

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

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


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

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

3 partner)’’ after ‘‘spouse’’. 

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

5 Section 8340 is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘and’’ at the end of para8 graph (1); 

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

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

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

12 ‘‘(3) the terms ‘widow’, ‘widower’, and ‘sur13 viving partner’ have the respective meanings given 

14 them under section 8341.’’; and 

15 (2) in subsection (c)(1)— 

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

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

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

19 widow, widower, or former spouse (or the sur20 viving partner or former domestic partner) of a 

21 deceased employee or Member, or to the widow, 

22 widower, or former spouse (or the surviving 

23 partner or former domestic partner), or insur24 able interest designee’’; and 


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

2 widow, widower, former spouse, or insurable in3 terest designee’’ and inserting ‘‘a widow, wid4 ower, or former spouse (or surviving partner or 

5 former domestic partner) or insurable interest 

6 designee’’. 

7 SEC. 205. SURVIVOR ANNUITIES. 

8 Section 8341 is amended— 

9 (1) in subsection (a)— 

10 (A) by redesignating paragraphs (3) and 

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

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

13 following: 

14 ‘‘(3) ‘surviving partner’ means the surviving do15 mestic partner of an employee or Member who— 

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

17 such employee or Member for at least 9 months 

18 immediately before the death of such employee 

19 or Member; or 

20 ‘‘(B) satisfies such other requirements, re21 lated to parenthood and the domestic partner22 ship, as the Director of the Office of Personnel 

23 Management shall by regulation prescribe based 

24 on the definition of a widow or widower under 


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

2 and 

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

4 by subparagraph (A))— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘an unmarried de7 pendent child’’ and inserting ‘‘a de8 pendent child who is unmarried (and 

9 not in a domestic partnership) and’’; 

10 (II) in clause (ii), by striking 

11 ‘‘stepchild but only if the stepchild’’ 

12 and inserting ‘‘stepchild (or child of 

13 the domestic partner not adopted by 

14 or otherwise the child of the employee 

15 or Member) but only if the stepchild 

16 (or the child of the domestic part17 ner)’’; and 

18 (III) in clause (iv), by inserting 

19 ‘‘(or surviving domestic partner)’’ 

20 after ‘‘the surviving spouse’’; and 

21 (ii) in subparagraphs (B) and (C), by 

22 striking ‘‘unmarried dependent child’’ and 

23 inserting ‘‘dependent child who is unmar24 ried (and not in a domestic partnership)’’; 

25 (2) in subsection (b)— 


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•S 1910 IS

1 (A) in paragraph (1)— 

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

3 each place it appears and inserting ‘‘widow 

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

5 (ii) by striking ‘‘remarriage,’’ and in6 serting ‘‘remarriage (or entry into a subse7 quent domestic partnership)’’; 

8 (B) in paragraph (2)— 

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

10 each place it appears and inserting ‘‘widow 

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

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

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

14 (C) in paragraph (3)— 

15 (i) in the matter before subparagraph 

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

17 after ‘‘spouse’’; 

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

19 each place it appears and inserting ‘‘widow 

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

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

22 ‘‘(or, in the case of a widow or widower, 

23 enters into a domestic partnership) (or, in 

24 the case of a surviving partner, enters into 


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•S 1910 IS

1 a subsequent domestic partnership or mar2 ries)’’ after ‘‘remarries’’; and 

3 (D) in paragraph (4)— 

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

5 each place it appears and inserting ‘‘widow 

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

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

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

9 ‘‘former spouse’’; 

10 (3) in subsection (d)— 

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

12 place it appears and inserting ‘‘widow or wid13 ower (or surviving partner)’’; 

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

15 former domestic partner)’’ after ‘‘former 

16 spouse’’; and 

17 (C) in clause (ii), by inserting ‘‘(or, in the 

18 case of a widow or widower, enters into a do19 mestic partnership) (or, in the case of a sur20 viving partner, enters into a subsequent domes21 tic partnership or marries)’’ after ‘‘remarries’’; 

22 (4) in subsection (e)— 

23 (A) by striking the matter before para24 graph (2) and inserting the following: 

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


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

2 spouse who was married to an employee or Member 

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

4 employee or Member who completed less than 18 

5 months of service covered by this subchapter; and 

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

9 less than 9 months and a former domestic partner 

10 of an employee or Member who completed less than 

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

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

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

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

17 (C) in paragraph (3)— 

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

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

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

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


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•S 1910 IS

1 (I) by inserting ‘‘(or domestic 

2 partner or former domestic partner)’’ 

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

4 (II) by striking ‘‘spouse, former 

5 spouse, or child’’ and inserting 

6 ‘‘spouse or former spouse (or domestic 

7 partner or former domestic partner) 

8 or child,’’; and 

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

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

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

15 following: 

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

17 from the service with title to deferred annuity from the 

18 Fund hereafter dies before having established a valid claim 

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

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

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

23 ‘‘(1) is entitled to an annuity equal to 55 per24 cent of the deferred annuity of the Member com25 mencing on the day after the Member dies and terVerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910

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1 minating on the last day of the month before the 

2 surviving spouse dies or remarries (or enters into a 

3 domestic partnership) (or the surviving domestic 

4 partner dies or enters into a subsequent domestic 

5 partnership or marries); or 

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

7 instead of annuity if the spouse (or domestic part8 ner) is the individual who would be entitled to the 

9 lump-sum credit and files application therefor with 

10 the Office before the award of the annuity. 

11 Notwithstanding the preceding sentence, an annuity pay12 able under this subsection to the surviving spouse (or sur13 viving domestic partner) of a Member may not exceed the 

14 difference between— 

15 ‘‘(A) the annuity which would otherwise be pay16 able to such surviving spouse (or such surviving do17 mestic partner) under this subsection; and 

18 ‘‘(B) the amount of the survivor annuity pay19 able to any former spouse (or any former domestic 

20 partner) of such Member under subsection (h).’’; 

21 (6) by striking subsection (g) and inserting the 

22 following: 

23 ‘‘(g) In the case of a surviving spouse (or surviving 

24 domestic partner) whose annuity under this section is ter25 minated because of a subsequent entry into a marriage 


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•S 1910 IS

1 (or domestic partnership) before becoming 55 years of 

2 age, annuity at the same rate shall be restored com3 mencing on the day the remarriage (or subsequent domes4 tic partnership) is dissolved by death, annulment, or di5 vorce (or terminated), if— 

6 ‘‘(1) the surviving spouse (or surviving domestic 

7 partner) elects to receive this annuity instead of a 

8 survivor benefit to which he may be entitled, under 

9 this subchapter or another retirement system for 

10 Government employees, by reason of the subsequent 

11 entry into a marriage (or domestic partnership); and 

12 ‘‘(2) any lump sum paid on termination of the 

13 annuity is returned to the Fund.’’; 

14 (7) by striking subsection (h) and inserting the 

15 following: 

16 ‘‘(h)(1) Subject to paragraphs (2) through (5), a 

17 former spouse (or former domestic partner) of a deceased 

18 employee, Member, annuitant, or former Member who was 

19 separated from the service with title to a deferred annuity 

20 under section 8338(b) is entitled to a survivor annuity 

21 under this subsection, if and to the extent expressly pro22 vided for in an election under section 8339(j)(3), or in 

23 the terms of any decree of divorce or annulment or any 

24 court order or court-approved property settlement agree25 ment incident to such decree. 


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

2 former domestic partner) under this subsection may not 

3 exceed the difference between— 

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

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

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

8 this subsection to any other former spouse (or 

9 former domestic partner) of the employee, Member, 

10 or annuitant, based on an election previously made 

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

12 issued. 

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

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

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

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

20 retirement; 

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

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


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

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

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

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

9 ‘‘(A) shall not commence before— 

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

11 or annuitant dies; or 

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

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

18 whichever is later, and 

19 ‘‘(B) shall terminate— 

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

21 in the case of an annuity computed by reference 

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

23 later than the last day of the month before the 

24 former spouse remarries (or enters into a do25 mestic partnership) (or former domestic partner 


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•S 1910 IS

1 enters into a subsequent domestic partnership 

2 or marries) before becoming 55 years of age or 

3 dies; or 

4 ‘‘(ii) in the case of an annuity computed by 

5 reference to clause (iii) of such paragraph, no 

6 later than the last day of the month before the 

7 former spouse remarries (or enters into a do8 mestic partnership) or dies (or the former do9 mestic partner enters into a subsequent domes10 tic partnership or marries or dies). 

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

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

13 paragraph (1) shall not be effective— 

14 ‘‘(A) if such modification is made after the re15 tirement or death of the employee or Member con16 cerned, and 

17 ‘‘(B) to the extent that such modification in18 volves an annuity under this subsection. 

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

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

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

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

23 any joint designation or waiver previously executed with 

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1 ner) under section 8339(j)(1) or a similar prior provision 

2 of law. 

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

4 bars recovery by any other person. 

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

6 court of any State, the District of Columbia, the Common7 wealth of Puerto Rico, Guam, the Northern Mariana Is8 lands, or the Virgin Islands, and any Indian court.’’; 

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

10 following: 

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

12 (a)(2)(A), and (a)(5)(A) that the surviving spouse (or sur13 viving domestic partner) of an employee or Member have 

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

15 employee or Member for at least 9 months immediately 

16 before the employee’s or Member’s death in order to qual17 ify as the widow or widower (or surviving partner) of such 

18 employee or Member shall be deemed satisfied in any case 

19 in which the employee or Member dies within the applica20 ble 9-month period, if— 

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

22 accidental; or 

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

24 partner) of such individual had been previously mar25 ried to (or in a domestic partnership with) the indiVerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910

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1 vidual that was subsequently dissolved (or termi2 nated), and the aggregate time married (or in a do3 mestic partnership) is at least 9 months.’’; and 

4 (9) by redesignating subsection (k) as sub5 section (j) and amending such subsection to read as 

6 follows: 

7 ‘‘(j)(1) Subsections (b)(3)(B), (d)(ii), and 

8 (h)(3)(B)(i), to the extent that they provide for termi9 nation of a survivor annuity because of a subsequent entry 

10 into a marriage (or domestic partnership) before age 55, 

11 shall not apply if the widow, widower or former spouse 

12 was married to (or the surviving partner or former domes13 tic partner was in a domestic partnership with) the indi14 vidual on whose service the survivor annuity is based for 

15 at least 30 years. 

16 ‘‘(2) A subsequent entry into a marriage (or domestic 

17 partnership) described in paragraph (1) shall not be taken 

18 into account for purposes of subparagraph (B) or (C) of 

19 section 8339(j)(5) or any other provision of this chapter 

20 which the Director of the Office of Personnel Management 

21 may by regulation identify in order to carry out the pur22 poses of this subsection.’’. 

23 SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE24 FICIARY; ORDER OF PRECEDENCE. 

25 Section 8342 is amended— 


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•S 1910 IS

1 (1) in subsection (c)— 

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

3 after ‘‘widow or widower’’; and 

4 (B) by striking ‘‘stepchild.’’ and inserting 

5 ‘‘stepchild (or a child of a domestic partner 

6 which child is not adopted by or otherwise a 

7 child of the employee or Member).’’; and 

8 (2) in subsection (j)— 

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

10 the domestic partner, if any)’’ after ‘‘the 

11 spouse, if any’’; 

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

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

14 (C) by inserting ‘‘(or former domestic part15 ner)’’ after ‘‘former spouse’’ each place it ap16 pears. 

17 SEC. 207. ALTERNATIVE FORMS OF ANNUITIES. 

18 Section 8343a is amended— 

19 (1) in subsection (b)(2)— 

20 (A) (in the material before subparagraph 

21 (A)), by inserting ‘‘(or in a domestic partner22 ship)’’ after ‘‘married’’; and 

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

24 surviving domestic partner)’’ after ‘‘surviving 

25 spouse’’; 


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•S 1910 IS

1 (2) in subsection (d)— 

2 (A) in paragraph (1), by striking ‘‘mar3 ried,’’ each place it appears and inserting ‘‘mar4 ried (or in a domestic partnership),’’; and 

5 (B) in paragraph (2), by striking ‘‘former 

6 spouse,’’ and inserting ‘‘former spouse (or 

7 former domestic partner),’’; and 

8 (3) in subsection (e), by inserting ‘‘(or in a do9 mestic partnership)’’ after ‘‘married’’. 

10 SEC. 208. ADMINISTRATION; REGULATIONS. 

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

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

13 spouses (and domestic partners), and their former spouses 

14 (and former domestic partners)’’. 

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

16 Section 8351(b)(5) is amended— 

17 (1) in subparagraphs (A), (B), and (C), by in18 serting ‘‘(or domestic partner)’’ after ‘‘spouse’’ each 

19 place it appears; 

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

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

22 Member who is married (or in a domestic partner23 ship)’’; and 


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•S 1910 IS

1 (3) in subparagraph (D), by inserting ‘‘(or do2 mestic partner or former domestic partner)’’ after 

3 ‘‘spouse or former spouse’’. 

4 TITLE III—FEDERAL EMPLOY5 EES’ RETIREMENT SYSTEM 

6 Subtitle A—General Provisions 

7 SEC. 301. DEFINITIONS. 

8 Section 8401 is amended— 

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

10 end; 

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

12 the end and inserting a semicolon; and 

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

14 ‘‘(37) ‘domestic partner’ and ‘domestic partner15 ship’ have the meanings given under section 2501; 

16 and 

17 ‘‘(38) ‘former domestic partner’ means a former 

18 domestic partner of an individual— 

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

20 18 months of civilian service creditable under 

21 section 8411 as an employee or Member; and 

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

23 a domestic partnership with such individual for 

24 at least 9 months.’’. 


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•S 1910 IS

1 Subtitle B—Creditable Service 

2 SEC. 311. CREDITABLE SERVICE. 

3 Section 8411 is amended— 

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

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

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

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

8 (3) in subsection (l)(5), by inserting ‘‘(or do9 mestic partner)’’ after ‘‘spouse’’ each place it ap10 pears. 

11 SEC. 312. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 

12 OR A CURRENT DOMESTIC PARTNER. 

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

14 (1) in the section heading, by inserting ‘‘(or 

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

16 (2) in subsection (a)— 

17 (A) by inserting ‘‘(or in a domestic part18 nership)’’ after ‘‘married’’ each place it ap19 pears; 

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

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

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

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

24 (3) by striking subsection (b) and inserting the 

25 following: 


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•S 1910 IS

1 ‘‘(b)(1) Upon entry into a subsequent marriage (or 

2 subsequent domestic partnership), a retired employee or 

3 Member who was married (or in a domestic partnership) 

4 at the time of retirement, including an employee or Mem5 ber whose annuity was not reduced to provide a survivor 

6 annuity for the employee’s or Member’s spouse or former 

7 spouse (or domestic partner or former domestic partner) 

8 as of the time of retirement, may irrevocably elect during 

9 such marriage (or domestic partnership), in a signed writ10 ing received by the Office— 

11 ‘‘(A) within 2 years after such entry into a sub12 sequent marriage (or domestic partnership); or 

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

14 ‘‘(i) the death of or entry into a subse15 quent marriage (or domestic partnership) by 

16 any former spouse (or former domestic partner) 

17 of such employee or Member who was entitled 

18 to a survivor annuity under section 8445, or 

19 ‘‘(ii) if there was more than 1 surviving 

20 former spouse (or surviving former domestic 

21 partner), the death of or entry into a subse22 quent marriage (or domestic partnership) by 

23 the last such surviving former spouse (or sur24 viving former domestic partner), 


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•S 1910 IS

1 a reduction in the employee’s or Member’s annuity 

2 under section 8419(a) for the purpose of providing 

3 an annuity for such employee’s or Member’s spouse 

4 (or domestic partner) in the event such spouse (or 

5 domestic partner) survives the employee or Member. 

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

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

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

9 of the subsequent marriage (or entry into the subsequent 

10 domestic partnership). 

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

12 individual under this subsection— 

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

14 by the employee or Member under section 8420 with 

15 respect to such individual; or 

16 ‘‘(B) shall, if an election was made by the em17 ployee or Member under section 8420 with respect 

18 to a different individual, prospectively void such elec19 tion if appropriate written application is made by 

20 such employee or Member at the time of making the 

21 election under this subsection. 

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

23 employee or Member on behalf of an individual after the 

24 retirement of such employee or Member shall not be effec25 tive if— 


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•S 1910 IS

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

2 (or in a domestic partnership with) such individual 

3 at the time of retirement; and 

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

5 on the service of such employee or Member were 

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

7 (4) in subsection (c)— 

8 (A) by striking the matter before para9 graph (2) and inserting the following: 

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

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

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

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

14 writing received by the Office— 

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

16 Member marries (or enters into a domestic partner17 ship); or 

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

19 ‘‘(i) the death of or entry into a subse20 quent remarriage (or entry into a subsequent 

21 domestic partnership or a marriage by any 

22 former domestic partner) by of any former 

23 spouse (or domestic partner) of such employee 

24 or Member who was entitled to a survivor annu25 ity under section 8445, 


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1 ‘‘(ii) if more than 1 surviving former 

2 spouse (or surviving former domestic partner), 

3 the death of or entry into a subsequent mar4 riage (or domestic partnership) by the last such 

5 surviving former spouse (or surviving former 

6 domestic partner), 

7 a reduction in the current annuity of the retired em8 ployee or Member, in accordance with section 

9 8419(a).’’; and 

10 (B) in paragraph (2), by striking ‘‘mar11 riage.’’ and inserting ‘‘marriage (or domestic 

12 partnership).’’; and 

13 (5) in subsection (d)(1)— 

14 (A) by inserting ‘‘(or in a domestic part15 nership)’’ after ‘‘married’’; and 

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

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

18 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

19 The table of sections for chapter 84 of title 5, United 

20 States Code, is amended by striking the item relating to 

21 section 8416 and inserting the following: 

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

22 SEC. 313. SURVIVOR REDUCTION FOR A FORMER SPOUSE 

23 OR FORMER DOMESTIC PARTNER. 

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


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•S 1910 IS

1 (1) in the section heading, by inserting ‘‘(or 

2 former domestic partner)’’ after ‘‘former 

3 spouse’’; 

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

5 domestic partner)’’ after ‘‘former spouse’’; and 

6 (3) in subsection (b)— 

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

8 former domestic partner)’’ after ‘‘former 

9 spouse’’ each place it appears; 

10 (B) by amending paragraph (2) to read as 

11 follows: 

12 ‘‘(2) An election under this subsection shall be made 

13 at the time of retirement or, if the marriage is dissolved 

14 (or the domestic partnership is terminated) after the date 

15 of retirement, within 2 years after the date on which the 

16 marriage of the former spouse to the employee or Member 

17 is so dissolved (or the domestic partnership of the former 

18 domestic partner with the employee or Member is so ter19 minated).’’; and 

20 (C) in paragraph (3)— 

21 (i) in subparagraph (A)(ii), by insert22 ing ‘‘(or a surviving partner)’’ after ‘‘a 

23 widow or widower’’; and 

24 (ii) by amending subparagraph (B) to 

25 read as follows: 


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

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

3 domestic partnership), unless it is made with the 

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

5 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

6 The table of sections for chapter 84 of title 5, United 

7 States Code, is amended by striking the item relating to 

8 section 8417 and inserting the following: 

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

9 SEC. 314. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS. 

10 Section 8418(b) is amended— 

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

12 after ‘‘marriage’’; and 

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

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

15 SEC. 315. SURVIVOR REDUCTIONS; COMPUTATION. 

16 Section 8419 is amended— 

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

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

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

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

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

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


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

2 partner); or 

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

6 Member, except that an appropriate reduction shall 

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

10 8445. 

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

12 providing a survivor annuity for a former spouse (or 

13 former domestic partner) of a retired employee or Member 

14 shall be terminated for each full month after the former 

15 spouse remarries (or enters into a domestic partnership) 

16 (or the former domestic partner enters into a subsequent 

17 domestic partnership or marries) before reaching age 55 

18 or dies. This reduction shall be replaced by appropriate 

19 reductions under subsection (a) if the retired employee or 

20 Member has— 

21 ‘‘(A) another former spouse (or former domestic 

22 partner) who is entitled to a survivor annuity under 

23 section 8445; 

24 ‘‘(B) a current spouse to whom the employee or 

25 Member was married (or a current domestic partner 


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•S 1910 IS

1 with whom the employee or Member was in a domes2 tic partnership) at the time of retirement and with 

3 respect to whom a survivor annuity was not waived 

4 under section 8416(a) or, if waived, with respect to 

5 whom an election under section 8416(d) has been 

6 made; or 

7 ‘‘(C) a current spouse whom the employee or 

8 Member married (or current domestic partner with 

9 whom the employee or Member entered into a do10 mestic partnership) after retirement and with re11 spect to whom an election has been made under sub12 section (b) or (c) of section 8416.’’. 

13 SEC. 316. INSURABLE INTEREST REDUCTIONS. 

14 Section 8420 is amended— 

15 (1) in subsection (b)(1)— 

16 (A) by striking ‘‘married employee or 

17 Member’’ and inserting ‘‘employee or Member 

18 who is married (or in a domestic partnership)’’; 

19 and 

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

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

22 (2) in subsection (b)(2), by inserting ‘‘(or 

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

24 SEC. 317. ALTERNATIVE FORMS OF ANNUITIES. 

25 Section 8420a is amended— 


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•S 1910 IS

1 (1) in subsection (b)(2)— 

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

3 by inserting ‘‘(or in a domestic partnership)’’ 

4 after ‘‘married’’; and 

5 (B) in subparagraph (B), by striking ‘‘sur6 viving spouse.’’ inserting ‘‘surviving spouse (or 

7 surviving domestic partner).’’; 

8 (2) in subsection (d)— 

9 (A) in paragraph (1), by striking ‘‘mar10 ried,’’ inserting ‘‘married (or in a domestic 

11 partnership),’’ and 

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

13 former domestic partner)’’ after ‘‘former 

14 spouse’’ each place it appears; and 

15 (3) in subsection (e), by inserting ‘‘(or in a do16 mestic partnership)’’ after ‘‘married’’. 

17 SEC. 318. LUMP-SUM BENEFITS; DESIGNATION OF BENE18 FICIARY; ORDER OF PRECEDENCE. 

19 Section 8424 is amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (1)— 

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

23 ‘‘the spouse, if any, and any former 

24 spouse’’ and inserting ‘‘any spouse or 


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•S 1910 IS

1 former spouse (and any domestic partner 

2 or former domestic partner)’’; and 

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

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

5 appears and inserting ‘‘spouse or former 

6 spouse (or domestic partner or former do7 mestic partner)’’; and 

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

9 or former spouse’’ each place it appears and in10 serting ‘‘spouse or former spouse (or domestic 

11 partner or former domestic partner)’’; and 

12 (2) in subsection (d)— 

13 (A) by striking ‘‘widow or widower’’ and 

14 inserting ‘‘widow or widower (or surviving part15 ner)’’; and 

16 (B) by striking ‘‘stepchild.’’ and inserting 

17 ‘‘stepchild (or a child of a domestic partner 

18 which child is not adopted by or otherwise a 

19 child of the employee or Member).’’. 

20 Subtitle C—Thrift Savings Plan 

21 SEC. 321. BENEFITS AND ELECTION OF BENEFITS. 

22 Section 8433(e) is amended by striking paragraph 

23 (2) and inserting the following: 

24 ‘‘(2) Notwithstanding section 8424(d), if an 

25 employee, Member, former employee, or former 


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•S 1910 IS

1 Member dies and has designated as sole or partial 

2 beneficiary his or her spouse (or domestic partner) 

3 at the time of death, or, if an employee, Member, 

4 former employee, or former Member, dies with no 

5 designated beneficiary and is survived by a spouse 

6 (or domestic partner), the spouse (or domestic part7 ner) may maintain the portion of the employee’s or 

8 Member’s account to which the spouse (or domestic 

9 partner) is entitled in accordance with the following 

10 terms: 

11 ‘‘(A) Subject to the limitations of subpara12 graph (B), the spouse (or domestic partner) 

13 shall have the same withdrawal options under 

14 subsection (b) as the employee or Member were 

15 the employee or Member living. 

16 ‘‘(B) The spouse (or domestic partner) 

17 may not make withdrawals under subsection (g) 

18 or (h). 

19 ‘‘(C) The spouse (or domestic partner) 

20 may not make contributions or transfers to the 

21 account. 

22 ‘‘(D) The account shall be disbursed upon 

23 the death of the surviving spouse (or surviving 

24 domestic partner). A beneficiary or surviving 

25 spouse (or surviving domestic partner) of a deVerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910

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1 ceased spouse (or domestic partner) who has in2 herited an account is ineligible to maintain the 

3 inherited spousal account.’’. 

4 SEC. 322. ANNUITIES: METHODS OF PAYMENT; ELECTION; 

5 PURCHASE. 

6 Section 8434(a)(2) is amended— 

7 (1) in subparagraph (B), by inserting ‘‘(or do8 mestic partner)’’ after ‘‘spouse’’; and 

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

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

11 SEC. 323. PROTECTIONS FOR SPOUSES, DOMESTIC PART12 NERS, FORMER SPOUSES, AND FORMER DO13 MESTIC PARTNERS. 

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

15 (1) in the section heading, by inserting ‘‘(and 

16 domestic partners and former domestic 

17 partners)’’ after ‘‘spouses and former 

18 spouses’’; 

19 (2) in subsection (a)— 

20 (A) in paragraph (1)— 

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

22 ‘‘A married employee or Member (or 

23 former employee or Member)’’ each place it 

24 appears and inserting ‘‘An employee or 

25 Member, or former employee or former 


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1 Member, who is married (or in a domestic 

2 partnership)’’; and 

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

4 ‘‘(or domestic partner)’’ after ‘‘spouse’’ 

5 each place it appears; and 

6 (B) in paragraph (2), by inserting ‘‘(or do7 mestic partner’s)’’ after ‘‘spouse’s’’ each place 

8 it appears; 

9 (3) in subsection (b)— 

10 (A) in paragraph (1)— 

11 (i) by inserting ‘‘(or surviving domes12 tic partner)’’ after ‘‘surviving spouse’’ each 

13 place it appears; and 

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

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

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

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

18 (4) in subsection (d)— 

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

20 former domestic partner)’’ after ‘‘former 

21 spouse’’ the first 2 places it appears; 

22 (B) in paragraphs (3) through (6), by in23 serting ‘‘(or former domestic partner)’’ after 

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


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

2 former domestic partners)’’ after ‘‘former 

3 spouses’’; and 

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

5 surviving domestic partner)’’ after ‘‘surviving 

6 spouse’’; 

7 (5) in subsection (e)(1)— 

8 (A) by striking the matter before subpara9 graph (B) and inserting the following: 

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

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

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

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

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

15 and 

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

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

18 place it appears; and 

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

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

21 or former spouse’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of sections for chapter 84 is amended by strik24 ing the item relating to section 8435 and inserting the 

25 following: 


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

former domestic partners).’’. 

1 SEC. 324. JUSTICES AND JUDGES. 

2 Section 8440a(b)(6) is amended by inserting ‘‘(or do3 mestic partners)’’ after ‘‘spouses’’. 

4 Subtitle D—Survivor Annuities 

5 SEC. 331. DEFINITIONS. 

6 Section 8441 is amended— 

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

8 paragraphs (4) and (5), respectively, and by insert9 ing after paragraph (2) the following: 

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

11 surviving domestic partner of an employee, Member, 

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

13 who— 

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

15 such employee, Member, or annuitant, or 

16 former employee or Member, for at least 9 

17 months immediately before the death of such 

18 employee, Member, or annuitant, or former em19 ployee or Member; or 

20 ‘‘(B) satisfies such other requirements, 

21 based on parenthood and the domestic partner22 ship, as the Director of the Office of Personnel 

23 Management shall by regulation prescribe based 

24 on the definition of a widow or widower under 


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

2 and’’; and 

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

4 paragraph (1))— 

5 (A) in subparagraph (A)— 

6 (i) by striking ‘‘an unmarried depend7 ent child’’ and inserting ‘‘a dependent child 

8 who is unmarried (and not in a domestic 

9 partnership)’’; 

10 (ii) in clause (ii), by striking ‘‘step11 child but only if the stepchild’’ and insert12 ing ‘‘stepchild (or child of the domestic 

13 partner not adopted by or otherwise the 

14 child of the employee or Member) but only 

15 if the stepchild (or the child of the domes16 tic partner)’’; and 

17 (iii) in clause (iv), by inserting ‘‘(or 

18 surviving partner)’’ after ‘‘widow or wid19 ower’’; and 

20 (B) in subparagraphs (B) and (C), by 

21 striking ‘‘unmarried dependent child’’ each 

22 place that term appears and inserting ‘‘depend23 ent child who is unmarried (and not in a do24 mestic partnership)’’. 


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1 SEC. 332. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING 

2 PARTNER. 

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

4 (1) in the section heading, by inserting ‘‘(or 

5 surviving partner)’’ after ‘‘widow or wid6 ower’’; 

7 (2) in subsection (a)— 

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

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

10 (B) by inserting ‘‘(or entry into a domestic 

11 partnership)’’ after ‘‘marriage’’; and 

12 (C) by inserting ‘‘(or domestic partner)’’ 

13 after ‘‘spouse’’ each place it appears; 

14 (3) in subsection (b), by inserting ‘‘(or sur15 viving partner)’’ after ‘‘widow or widower’’ each 

16 place it appears; 

17 (4) in subsection (c)— 

18 (A) in the matter in paragraph (1) before 

19 subparagraph (A) thereof, by inserting ‘‘(or a 

20 surviving partner with whom in a domestic 

21 partnership)’’ after ‘‘widow or widower to whom 

22 married’’; and 

23 (B) by striking ‘‘widow or widower’’ each 

24 place it appears (other than where amended by 

25 subparagraph (A)) and inserting ‘‘widow or 

26 widower (or surviving partner)’’; 


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1 (5) in subsection (d)— 

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

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

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

6 enters into a domestic partnership) (or in the 

7 case of a surviving partner, enters into a subse8 quent domestic partnership or marries)’’ after 

9 ‘‘remarries’’; 

10 (C) in paragraph (2)— 

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

12 and inserting ‘‘subsequent entry into a 

13 marriage (or domestic partnership) be14 fore’’; 

15 (ii) by striking ‘‘remarriage is dis16 solved by death, divorce, or annulment,’’ 

17 and inserting ‘‘subsequent marriage is dis18 solved by death, divorce, annulment (or 

19 subsequent domestic partnership is termi20 nated),’’; and 

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

22 ‘‘remarriage;’’ and inserting ‘‘subsequent 

23 marriage (or domestic partnership);’’; and 

24 (D) in paragraph (3)— 


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1 (i) by striking ‘‘remarriage’’ and in2 serting ‘‘subsequent entry into a marriage 

3 (or domestic partnership)’’; and 

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

5 partnership for at least 30 years with)’’ 

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

7 (6) in subsection (e)— 

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

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

10 (B) by inserting ‘‘(or in a domestic part11 nership with)’’ after ‘‘been married to’’; and 

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

13 follows: 

14 ‘‘(2) the surviving spouse of such individual had 

15 been previously married to such individual and sub16 sequently divorced (or the surviving partner of such 

17 individual had been previously in a domestic partner18 ship with such individual which domestic partnership 

19 was subsequently terminated), and the aggregate 

20 time married (or in a domestic partnership) is at 

21 least 9 months.’’; 

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

23 widower’’ and inserting ‘‘widow, widower (or sur24 viving partner)’’ each place it appears; and 

25 (8) in subsection (h)— 


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

2 place it appears and inserting ‘‘widow or wid3 ower (or surviving partner)’’; and 

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

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

6 appears. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

8 The table of sections for chapter 84 is amended by strik9 ing the item relating to section 8442 and inserting the 

10 following: 

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

11 SEC. 333. RIGHTS OF A CHILD. 

12 Section 8443(b) is amended by striking subparagraph 

13 (E) and the matter following that subparagraph and in14 serting the following: 

15 ‘‘(E) dies or marries (or enters into a do16 mestic partnership); 

17 whichever occurs first. On the death of the surviving 

18 wife or husband (or surviving domestic partner), or 

19 former wife or husband (or former domestic part20 ner), or termination of the annuity of a child, the 

21 annuity of any other child or children shall be re22 computed and paid as though the wife or husband 

23 (or domestic partner), former wife or husband (or 

24 former domestic partner), or child had not survived 

25 the annuitant, employee, or Member. If the annuity 


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•S 1910 IS

1 of a child under this subchapter terminates under 

2 subparagraph (E) because of marriage (or domestic 

3 partnership), then, if such marriage (or domestic 

4 partnership) ends, such annuity shall resume on the 

5 first day of the month in which it ends, but only if 

6 any lump sum paid is returned to the Fund, and 

7 that individual is not otherwise ineligible for such 

8 annuity.’’. 

9 SEC. 334. RIGHTS OF A FORMER SPOUSE OR FORMER DO10 MESTIC PARTNER. 

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

12 (1) in the section heading, by inserting ‘‘(or 

13 former domestic partner)’’ after ‘‘former 

14 spouse’’; 

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

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

17 (3) in subsection (b)— 

18 (A) by inserting ‘‘(or former domestic part19 ner)’’ after ‘‘former spouse’’ each place it ap20 pears; and 

21 (B) by inserting ‘‘(or surviving partner)’’ 

22 after ‘‘widow or widower’’; 

23 (4) in subsection (c)(2), by inserting ‘‘(or enters 

24 into a domestic partnership) (or the former domestic 


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1 partner enters into a subsequent domestic partner2 ship or marries)’’ after ‘‘remarries’’; 

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

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

5 it appears; and 

6 (6) by amending subsection (h) to read as fol7 lows: 

8 ‘‘(h)(1) Subsection (c)(2), to the extent that it pro9 vides for termination of a survivor annuity because of a 

10 subsequent entry into a marriage (or domestic partner11 ship) before age 55, shall not apply if the former spouse 

12 (or former domestic partner) was married to (or in a do13 mestic partnership with) the individual on whose service 

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

15 ‘‘(2) A subsequent entry into a marriage (or domestic 

16 partnership) described in paragraph (1) shall not be taken 

17 into account for purposes of section 8419(b)(1)(B) or any 

18 other provision of this chapter which the Director may by 

19 regulation identify in order to carry out the purposes of 

20 this subsection.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 The table of sections for chapter 84 is amended by strik23 ing the item relating to section 8445 and inserting the 

24 following: 

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


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1 Subtitle E—General Administrative 

2 Provisions 

3 SEC. 341. AUTHORITY OF THE OFFICE OF PERSONNEL MAN4 AGEMENT. 

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

6 employees, their spouses, their former spouses, and their 

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

8 spouses (and domestic partners), former spouses (and 

9 former domestic partners), and survivors’’. 

10 SEC. 342. COST-OF-LIVING ADJUSTMENTS. 

11 Section 8462(c) is amended— 

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

13 (other than a widow or widower whose annuity is 

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

15 section 8443)’’ and inserting the following: ‘‘sur16 vivor, other than a widow or widower (or surviving 

17 partner) whose annuity is computed under section 

18 8442(g) or a child under section 8443,’’; 

19 (2) in paragraph (4) (in the matter before sub20 paragraph (A)), by inserting ‘‘(or surviving part21 ner)’’ after ‘‘widow or widower’’; and 

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

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


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1 Subtitle F—Federal Retirement 

2 Thrift Investment Management 

3 System 

4 SEC. 351. FIDUCIARY RESPONSIBILITIES; LIABILITY AND 

5 PENALTIES. 

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

7 ‘‘(F) a spouse (or domestic partner), sib8 ling, ancestor, lineal descendant, or spouse (or 

9 domestic partner) of a lineal descendant of a 

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

11 (D);’’. 

12 TITLE IV—INSURANCE BENEFITS 

13 SEC. 401. LIFE INSURANCE. 

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

15 (1) in section 8701(d)— 

16 (A) in paragraph (1)— 

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

18 ‘‘(or domestic partner)’’ after ‘‘spouse’’; 

19 and 

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

21 ‘‘stepchild or foster child (but only if the 

22 stepchild’’ and inserting ‘‘stepchild (or 

23 child of the domestic partner of the indi24 vidual not adopted by or otherwise the 

25 child of the individual) or foster child (but 


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1 only if the stepchild (or the child of the do2 mestic partner)’’; and 

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

4 ‘‘(3) For the purpose of this subsection, ‘domes5 tic partner’ has the meaning given under section 

6 2501.’’; 

7 (2) in section 8705(a), by inserting ‘‘(or sur8 viving domestic partner)’’ after ‘‘widow or widower’’; 

9 and 

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

11 ‘‘spouse;’’ and inserting ‘‘spouse (or domestic part12 ner);’’. 

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

14 this section shall apply with respect to calendar years be15 ginning after the end of the 6-month period beginning on 

16 the date of the enactment of this Act. 

17 SEC. 402. HEALTH INSURANCE. 

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

19 (1) in paragraph (5)— 

20 (A) in the matter before subparagraph 

21 (A)— 

22 (i) by inserting ‘‘(or domestic part23 ner)’’ after ‘‘spouse’’; and 

24 (ii) by striking ‘‘an unmarried de25 pendent child’’ and inserting ‘‘a dependent 


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1 child who is unmarried (and not in a do2 mestic partnership) and is’’; 

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

4 a child of the domestic partner not adopted by 

5 or otherwise the child of the employee or annu6 itant)’’ after ‘‘stepchild’’; and 

7 (C) in the matter following subparagraph 

8 (B), by striking ‘‘an unmarried dependent child 

9 regardless of age’’ and inserting ‘‘a dependent 

10 child regardless of age who is unmarried (and 

11 not in a domestic partnership)’’; 

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

13 spouses,’’ and inserting ‘‘former spouses (or former 

14 domestic partners),’’; 

15 (3) in paragraph (10)— 

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

17 entered into a domestic partnership)’’ after ‘‘re18 married’’; and 

19 (B) by striking ‘‘and’’ at the end; 

20 (4) by redesignating paragraph (11) as para21 graph (12), and by inserting after paragraph (10) 

22 the following: 

23 ‘‘(11) ‘former domestic partner’ means a former 

24 domestic partner of an employee, former employee, 

25 or annuitant— 


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1 ‘‘(A) who has not entered into another do2 mestic partnership (or married) before age 55 

3 after the domestic partnership to the employee, 

4 former employee, or annuitant was terminated; 

5 ‘‘(B) who was enrolled in an approved 

6 health benefits plan under this chapter as a 

7 family member at any time during the 18- 

8 month period before the date of the termination 

9 of the domestic partnership to the employee, 

10 former employee, or annuitant; and 

11 ‘‘(C)(i) who is receiving any portion of a 

12 survivor annuity under section 8341(h) or 8445 

13 (or benefits similar to either of the aforemen14 tioned annuity benefits under a retirement sys15 tem for Government employees other than the 

16 Civil Service Retirement System or the Federal 

17 Employees’ Retirement System); 

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

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

20 provision of law); or 

21 ‘‘(iii) who is otherwise entitled to an annu22 ity or any portion of an annuity as a former do23 mestic partner under a retirement system for 

24 Government employees, 


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1 except that such term shall not include any 

2 such former domestic partner of a former em3 ployee whose domestic partnership was termi4 nated after the former employee’s separation 

5 from the service (other than by retirement).’’; 

6 (5) by striking the period at the end of para7 graph (12) (as redesignated) and inserting ‘‘; and’’; 

8 and 

9 (6) by adding at the end the following: 

10 ‘‘(13) ‘domestic partner’ and ‘domestic partner11 ship’ have the meanings given under section 2501.’’. 

12 (b) CONTRACTING AUTHORITY.—Section 8902 is 

13 amended in subsections (g), (j), and (k)(1), by striking 

14 ‘‘former spouse,’’ each place it appears and inserting 

15 ‘‘former spouse (or former domestic partner),’’. 

16 (c) DEBARMENT AND OTHER SANCTIONS.—Section 

17 8902a(a)(1)(B) is amended by inserting ‘‘(or former do18 mestic partner)’’ after ‘‘or former spouse’’. 

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

20 amended— 

21 (1) by striking ‘‘former spouses,’’ and inserting 

22 ‘‘former spouses (or former domestic partners),’’; 

23 and 

24 (2) by striking ‘‘former spouse,’’ and inserting 

25 ‘‘former spouse (or former domestic partner),’’. 


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

2 amended— 

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

4 following: 

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

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

7 treatment is afforded— 

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

9 partners; and 

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

11 been dissolved and the children of a domestic part12 nership that has been terminated.’’; 

13 (2) in subsection (e)— 

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

15 after ‘‘has a spouse’’; and 

16 (B) by striking ‘‘either spouse,’’ and in17 serting ‘‘either spouse (or either domestic part18 ner, as the case may be),’’; and 

19 (3) in subsections (f) and (g), by striking 

20 ‘‘former spouse,’’ each place it appears and inserting 

21 ‘‘former spouse (or former domestic partner),’’. 

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

23 amended by adding at the end the following: 


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

2 that, in the administration of this section, parity of treat3 ment is afforded— 

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

5 partners); and 

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

7 dissolved (and the children of a domestic partnership 

8 that has been terminated).’’. 

9 (g) COVERAGE OF RESTORED EMPLOYEES AND SUR10 VIVOR OR DISABILITY ANNUITANTS.—Section 8908(b) is 

11 amended by striking ‘‘remarriage and is later restored’’ 

12 and inserting ‘‘having entered into a subsequent marriage 

13 (or domestic partnership) and is later restored (or a sur14 viving domestic partner whose survivor annuity under this 

15 title was terminated because of having entered into a sub16 sequent domestic partnership or a marriage and is later 

17 restored)’’. 

18 (h) EMPLOYEES HEALTH BENEFITS FUND.—Section 

19 8909(d) is amended by striking ‘‘former spouse,’’ each 

20 place it appears and inserting ‘‘former spouse (or former 

21 domestic partner),’’. 

22 (i) REGULATIONS.—Section 8913(c) is amended— 

23 (1) by inserting ‘‘(and former domestic part24 ners)’’ after ‘‘and former spouses’’; and 


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1 (2) by inserting ‘‘(or former domestic partner)’’ 

2 after ‘‘or former spouse’’. 

3 (j) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply with respect to contract years be5 ginning after the end of the 6-month period beginning on 

6 the date of the enactment of this Act. 

7 SEC. 403. ENHANCED DENTAL BENEFITS. 

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

9 (1) in section 8956(a)— 

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

11 after ‘‘a spouse’’; and 

12 (B) by striking ‘‘either spouse,’’ and in13 serting ‘‘either spouse (or either domestic part14 ner, as the case may be),’’; and 

15 (2) in section 8957, by striking ‘‘surviving 

16 spouse,’’ and inserting ‘‘surviving spouse (or sur17 viving domestic partner),’’. 

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

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

21 the date of the enactment of this Act. 

22 SEC. 404. ENHANCED VISION BENEFITS. 

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

24 (1) in section 8986(a)— 


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

2 after ‘‘a spouse’’; and 

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

6 (2) in section 8987, by striking ‘‘surviving 

7 spouse,’’ and inserting ‘‘surviving spouse (or sur8 viving domestic partner),’’. 

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

10 this section shall apply with respect to contract years be11 ginning after the end of the 6-month period beginning on 

12 the date of the enactment of this Act. 

13 SEC. 405. LONG-TERM CARE INSURANCE. 

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

15 (1) in section 9001(5), by redesignating sub16 paragraph (D) as subparagraph (E) and by insert17 ing after subparagraph (C) the following: 

18 ‘‘(D)(i) a domestic partner (as that term is 

19 defined in section 2501) of an individual de20 scribed in paragraph (1), (2), (3), or (4); 

21 ‘‘(ii) a child of a domestic partner referred 

22 to in clause (i), if such child is at least 18 years 

23 of age; and 


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1 ‘‘(iii) a parent of a domestic partner of an 

2 individual referred to in paragraph (1) or (3).’’; 

3 and 

4 (2) in section 9002(e)(2)— 

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

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

7 FOR SPOUSE (OR DOMESTIC PARTNER)’’; and 

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

9 after ‘‘spouse’’. 

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

11 this section shall apply with respect to calendar years be12 ginning after the end of the 6-month period beginning on 

13 the date of the enactment of this Act. 

14 TITLE V—TRAVEL, TRANSPOR15 TATION, AND SUBSISTENCE 

16 SEC. 501. REIMBURSEMENT FOR TAXES INCURRED ON 

17 MONEY RECEIVED FOR TRAVEL EXPENSES. 

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

19 (1) in subsection (a), by striking ‘‘(if filing 

20 jointly),’’ and inserting ‘‘(if filing jointly) (or by an 

21 employee and such employee’s domestic partner (as 

22 that term is defined under section 2501), if joint fil23 ing is allowed and they file jointly),’’; and 

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

25 spouse, as the case may be,’’ and inserting ‘‘emVerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910

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1 ployee and spouse (or domestic partner), as the case 

2 may be’’. 

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

4 this section shall apply with respect to taxable years begin5 ning after the end of the 6-month period beginning on the 

6 date of the enactment of this Act. 

7 SEC. 502. DEFINITION. 

8 Section 5721 is amended— 

9 (1) in paragraph (6), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (7), by striking the period and 

12 inserting ‘‘; and’’; and 

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

14 ‘‘(8) ‘domestic partner’ has the meaning given 

15 under section 2501.’’. 

16 SEC. 503. RELOCATION EXPENSES OF EMPLOYEES TRANS17 FERRED OR REEMPLOYED. 

18 (a) IN GENERAL.—Section 5724a(b)(1)(A) is amend19 ed by striking ‘‘employee’s spouse’’ and inserting ‘‘employ20 ee’s spouse (or domestic partner)’’. 

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

22 this section shall apply with respect to expenses incurred 

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

24 of the enactment of this Act. 


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1 SEC. 504. TAXES ON REIMBURSEMENTS FOR TRAVEL, 

2 TRANSPORTATION, AND RELOCATION EX3 PENSES OF EMPLOYEES TRANSFERRED. 

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

5 (1) in subsection (a), by striking ‘‘(if filing 

6 jointly),’’ and inserting ‘‘by an employee and such 

7 employee’s spouse (or, where allowable, such employ8 ee’s domestic partner), if filing jointly,’’; and 

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

10 spouse, as the case may be,’’ and inserting ‘‘em11 ployee and spouse (or domestic partner), as the case 

12 may be’’. 

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

14 this section shall apply with respect to taxable years begin15 ning after the end of the 6-month period beginning on the 

16 date of the enactment of this Act. 

17 SEC. 505. RELOCATION EXPENSES OF AN EMPLOYEE WHO 

18 IS PERFORMING AN EXTENDED ASSIGNMENT. 

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

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

21 spouse’’. 

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

23 this section shall apply with respect to expenses incurred 

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

25 of the enactment of this Act. 


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1 SEC. 506. TRANSPORTATION OF FAMILY MEMBERS INCI2 DENT TO REPATRIATION OF EMPLOYEES 

3 HELD CAPTIVE. 

4 Section 5760(c) is amended by striking the period at 

5 the end and inserting ‘‘, and includes the domestic partner 

6 (as defined under section 2501) of an employee described 

7 in subsection (b).’’. 

8 SEC. 507. REGULATIONS TO INCLUDE DOMESTIC PART9 NERS. 

10 (a) IN GENERAL.—Chapter 57 is amended by adding 

11 after section 5761 the following: 

12 ‘‘§ 5762. Regulations to include domestic partners 

13 ‘‘Regulations prescribed under, or to administer pro14 visions of, this chapter shall include a domestic partner 

15 (as defined under section 2501) within the meaning of the 

16 terms ‘immediate family’ and ‘dependent’.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

18 The table of sections for chapter 57 is amended by adding 

19 after the item relating to section 5761 the following: 

‘‘5762. Regulations to include domestic partners.’’. 

20 TITLE VI—COMPENSATION FOR 

21 WORK INJURIES 

22 SEC. 601. DEFINITIONS. 

23 Section 8101 is amended— 

24 (1) in paragraph (8), by striking ‘‘married 

25 brothers or married sisters;’’ and inserting ‘‘any 


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1 brother or sister who is married (or is in a domestic 

2 partnership);’’; 

3 (2) in paragraph (9)— 

4 (A) by inserting ‘‘(or children of the em5 ployee’s domestic partner not adopted by or 

6 otherwise the children of the employee)’’ after 

7 ‘‘stepchildren’’; and 

8 (B) by striking ‘‘married children’’ and in9 serting ‘‘any child who is married (or in a do10 mestic partnership)’’; 

11 (3) in paragraph (18), by striking ‘‘and’’ at the 

12 end; 

13 (4) in paragraph (19), by striking ‘‘and’’ at the 

14 end; 

15 (5) in paragraph (20), by striking the period 

16 and inserting a semicolon; and 

17 (6) by adding at the end the following: 

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

19 who is in a domestic partnership with another indi20 vidual, as determined by the Secretary of Labor for 

21 purposes of this subchapter under regulations issued 

22 by the Secretary, in consultation with the Director 

23 of the Office of Personnel Management— 

24 ‘‘(A) who are of the same sex; 


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

2 an individual otherwise eligible for coverage 

3 under this subchapter (or any application or ex4 tension thereof) based on such individual’s em5 ployment or other service; 

6 ‘‘(C)(i) who are in a committed domestic7 partnership relationship with each other satis8 fying the conditions in clauses (ii), (iii), and (iv) 

9 and intend to remain so indefinitely; 

10 ‘‘(ii) who have a common residence and in11 tend to continue to do so (or would have a com12 mon residence, but are prevented from doing so 

13 because of such reasons as an assignment 

14 abroad or other employment-related factors, fi15 nancial considerations, family responsibilities or 

16 other such reasons); 

17 ‘‘(iii) who share responsibility for a signifi18 cant measure of each other’s welfare and finan19 cial obligations; and 

20 ‘‘(iv) neither of whom is married to or in 

21 a domestic partnership with anyone except each 

22 other; 

23 ‘‘(D) who are at least 18 years of age and 

24 mentally competent to consent to a contract; 

25 and 


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1 ‘‘(E) who are not related to each other by 

2 blood in a way that would prohibit legal mar3 riage between individuals otherwise eligible to 

4 marry in the jurisdiction (or, if applicable, in 

5 any jurisdiction) in which the individuals have 

6 a common residence; and 

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

8 partner in a domestic partnership with the decedent 

9 at the time of his or her death.’’. 

10 SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN 

11 CONNECTION WITH EMPLOYEE’S SERVICE 

12 WITH AN ARMED FORCE. 

13 Section 8102a(d) is amended— 

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

15 spouse.’’ and inserting ‘‘surviving spouse (or sur16 viving partner).’’; and 

17 (2) in paragraph (2)(C), by inserting ‘‘(or chil18 dren of the employee’s domestic partner not adopted 

19 by or otherwise the children of the employee)’’ after 

20 ‘‘stepchildren’’. 

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

22 ORDER OF PRECEDENCE. 

23 Section 8109(a)(D) is amended— 


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

3 surviving partner).’’; 

4 (2) in clause (ii)— 

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

6 after ‘‘a widow or widower’’; and 

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

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

11 surviving partner),’’. 

12 SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS. 

13 Section 8110(a) is amended— 

14 (1) in paragraph (3)— 

15 (A) by striking ‘‘an unmarried child’’ and 

16 inserting ‘‘a child who is unmarried (and not in 

17 a domestic partnership)’’; and 

18 (B) by striking ‘‘and’’ at the end; 

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

20 inserting ‘‘; and’’; 

21 (3) by inserting after paragraph (4) the fol22 lowing: 

23 ‘‘(5) a domestic partner, if— 

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

25 household as the employee; 


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1 ‘‘(B) he or she is receiving regular con2 tributions from the employee for his or her sup3 port; or 

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

5 court to contribute to his or her support.’’; and 

6 (4) in the last sentence, by striking ‘‘he mar7 ries.’’ and inserting ‘‘he marries (or enters into a do8 mestic partnership).’’. 

9 SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSA10 TION. 

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

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

13 SEC. 606. COMPENSATION IN CASE OF DEATH. 

14 Section 8133 is amended— 

15 (1) in subsection (a)— 

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

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

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

19 and 

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

21 surviving partner)’’ after ‘‘for the widow or wid22 ower’’; 

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

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

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


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1 (D) in paragraphs (4) and (5), by striking 

2 ‘‘widower,’’ and inserting ‘‘widower (or sur3 viving partner),’’ each place it appears; and 

4 (2) in subsection (b)— 

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

6 follows: 

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

8 enters into a domestic partnership) (or a surviving 

9 partner dies or enters into a subsequent domestic 

10 partnership or marries) before reaching age 55;’’; 

11 and 

12 (B) in paragraphs (2) and (3), by striking 

13 ‘‘marries,’’ each place that term appears and 

14 inserting ‘‘marries (or enters into a domestic 

15 partnership),’’; and 

16 (C) in the matter following paragraph 

17 (3)— 

18 (i) in the first sentence, by striking 

19 ‘‘marries.’’ and inserting ‘‘marries (or en20 ters into a domestic partnership).’’; and 

21 (ii) in the second sentence, by insert22 ing ‘‘(or domestic partner) (or a surviving 

23 partner who has entitlements to benefits 

24 under this title derived from more than 1 


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1 domestic partner or spouse)’’ after ‘‘hus2 band or wife’’. 

3 SEC. 607. LUMP-SUM PAYMENT. 

4 Section 8135 is amended— 

5 (1) in subsection (a), by inserting ‘‘(or sur6 viving partner)’’ after ‘‘widow or widower’’; and 

7 (2) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) A widow or widower on remarriage (or on entry 

10 into a domestic partnership) before reaching age 55 (or 

11 a surviving partner on entry into a subsequent domestic 

12 partnership or on marriage before age 55) who is entitled 

13 to compensation under section 8133 of this title, shall be 

14 paid a lump sum equal to 24 times the monthly compensa15 tion payment (excluding compensation on account of an16 other individual) to which that individual was entitled im17 mediately before the remarriage (or entry into a domestic 

18 partnership) (or, in the case of a surviving partner, imme19 diately before entry into the subsequent domestic partner20 ship or the marriage).’’. 

21 SEC. 608. EMPLOYEES OF NONAPPROPRIATED FUND IN22 STRUMENTALITIES. 

23 (a) IN GENERAL.—Section 8171 is amended by add24 ing at the end the following: 

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


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1 ‘‘(A) the term ‘domestic partner’ means an in2 dividual who is in a domestic partnership with an3 other individual, as determined by the Secretary of 

4 Labor for purposes of this subchapter under regula5 tions issued by the Secretary, in consultation with 

6 the Director of the Office of Personnel Manage7 ment— 

8 ‘‘(i) who are of the same sex; 

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

10 an individual otherwise eligible for coverage 

11 under this subchapter (or any application or ex12 tension thereof) based on such individual’s em13 ployment or other service; 

14 ‘‘(iii)(I) who are in a committed domestic15 partnership relationship with each other satis16 fying the conditions in subclauses (II), (III), 

17 and (IV) and intend to remain so indefinitely; 

18 ‘‘(II) who have a common residence and 

19 intend to continue to do so (or would have a 

20 common residence, but are prevented from 

21 doing so because of such reasons as an assign22 ment abroad or other employment-related fac23 tors, financial considerations, family responsibil24 ities or other such reasons); 


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1 ‘‘(III) who share responsibility for a sig2 nificant measure of each other’s welfare and fi3 nancial obligations; and 

4 ‘‘(IV) neither of whom is married to or in 

5 a domestic partnership with anyone except each 

6 other; 

7 ‘‘(iv) who are at least 18 years of age and 

8 mentally competent to consent to a contract; 

9 and 

10 ‘‘(v) who are not related to each other by 

11 blood in a way that would prohibit legal mar12 riage between individuals otherwise eligible to 

13 marry in the jurisdiction (or, if applicable, in 

14 any jurisdiction) in which the individuals have 

15 a common residence; and 

16 ‘‘(B) the term ‘surviving partner’ means the de17 cedent’s domestic partner at the time of his or her 

18 death. 

19 ‘‘(2) In the application of the Longshore and Harbor 

20 Workers’ Compensation Act under this subchapter— 

21 ‘‘(A) section 2(14) of that Act shall apply as 

22 though— 

23 ‘‘(i) ‘(or child of the domestic partner of 

24 an employee or volunteer referred to in section 


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1 8171(a) of title 5, United States Code)’ were 

2 inserted after ‘stepchild’; and 

3 ‘‘(ii) ‘(or children in domestic partner4 ships)’ were inserted after ‘married children’ 

5 and ‘(or brothers or sisters in domestic partner6 ships)’ were inserted after ‘married sisters’; 

7 ‘‘(B) in section 8(d)(1) of that Act— 

8 ‘‘(i) subparagraphs (A), (C), and (D) shall 

9 apply as though ‘(or surviving partner)’ were 

10 inserted after ‘widow or widower’ each place it 

11 appears; and 

12 ‘‘(ii) subparagraph (D) shall apply as 

13 though ‘wife, husband,’ were struck and ‘wife or 

14 husband (or domestic partner)’ were inserted; 

15 and 

16 ‘‘(C) in section 9 of that Act— 

17 ‘‘(i) subsection (b) shall apply as though 

18 the portion of the first sentence up to and in19 cluding the sixth comma reads as follows: ‘If 

20 there be a widow or widower (or surviving part21 ner) and no child of the deceased, to such 

22 widow or widower (or surviving partner) 50 per 

23 centum of the average wages of the deceased, 

24 during widowhood, or dependent widowerhood 

25 (or during the life of the surviving partner, as 


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1 the case may be), with 2 years’ compensation in 

2 1 sum upon remarriage (or entry into a domes3 tic partnership) of such widow or widower (or 

4 entry into another domestic partnership or mar5 riage of such surviving partner); and if there be 

6 a surviving child or children of the deceased, 

the additional amount of 162 7 ⁄3 per centum of 

8 such wages for each such child; in case of the 

9 death or remarriage (or entry into a domestic 

10 partnership) of such widow or widower (or 

11 entry into another domestic partnership or a 

12 marriage of such surviving partner)’; 

13 ‘‘(ii) subsection (c) shall apply as though 

14 the portion of the subsection up to and includ15 ing the fourth comma reads as follows: ‘If there 

16 be 1 surviving child of the deceased, but no 

17 widow or widower (or surviving partner), then 

18 for the support of such child 50 per centum of 

19 the wages of the deceased; and if there be more 

20 than 1 surviving child of the deceased, but no 

21 widow or dependent husband (or surviving part22 ner),’; 

23 ‘‘(iii) subsection (d) shall apply as 

24 though— 


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1 ‘‘(I) the portion of the first sentence 

2 up through the word ‘children’ reads as 

3 follows: ‘If there be no surviving wife or 

4 husband (or surviving domestic partner) or 

5 child, or if the amount payable to a sur6 viving wife or husband (or surviving do7 mestic partner) and to children’; and 

8 ‘‘(II) the second sentence reads as fol9 lows: ‘But in no case shall the aggregate 

10 amount payable under this subsection exceed the difference between 662 11 ⁄3 per cen12 tum of such wages and the amount payable 

13 as hereinbefore provided to widow or wid14 ower (or surviving partner) and for the 

15 support of surviving child or children.’; 

16 ‘‘(iv) subsection (g) shall apply as though 

17 the term ‘(or surviving domestic partner)’ were 

18 inserted after ‘surviving wife’ each place it ap19 pears; and 

20 ‘‘(v) section 31(b)(2)(C) shall apply as 

21 though the term ‘(or domestic partner)’ were 

22 inserted after ‘spouse’.’’. 

23 (b) EXCLUSIVE LIABILITY.—Section 8173 is amend24 ed by striking ‘‘spouse,’’ and inserting ‘‘spouse (or domes25 tic partner),’’. 


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1 SEC. 609. EFFECTIVE DATE. 

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

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

4 this title— 

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

6 of this Act; and 

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

8 death occurring before, on, or after such date of en9 actment. 

10 (b) TIMELY CLAIM REQUIRED; LIMITATION ON PAY11 MENTS.—No compensation shall be payable, by virtue of 

12 the enactment of this title— 

13 (1) unless timely claim therefor is filed in ac14 cordance with the provisions of section 8122 or 8193 

15 of title 5, United States Code (as applicable), and 

16 subsection (c); or 

17 (2) with respect to any period commencing be18 fore the date of enactment of this Act. 

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

20 original claim for compensation for a disability or death 

21 that occurred before the date of enactment of this Act 

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

23 enactment of the amendments made by this title)— 

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

25 such date of enactment, a claim based on such dis26 ability or death would no longer be timely (deterVerDate Mar 15 2010 21:50 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S1910.IS S1910

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1 mined in accordance with such section 8122 or 8193 

2 (as applicable), before the application of paragraph 

3 (2)); and 

4 (2) the timeliness of any such claim, if not pre5 cluded by paragraph (1), shall be determined— 

6 (A) by applying the provisions of such sec7 tion 8122 or 8193 (as applicable); and 

8 (B) as if the time limitations of such sec9 tion 8122 or 8193 (as applicable) did not begin 

10 to run until the date on which the provisions of 

11 section 2502(a) of title 5, United States Code 

12 (as added by section 101 of this Act) become 

13 effective. 

14 (d) PAYMENTS FOR PRIOR PERIODS NOT AF15 FECTED.—No recovery shall be made of compensation 

16 paid to any individual whose entitlement to compensation 

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

18 this title. 


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1 TITLE VII—EMPLOYEE LEAVE; 

2 DEATH OR CAPTIVITY COM3 PENSATION; OTHER EM4 PLOYEE BENEFITS 

5 SEC. 701. VOLUNTARY TRANSFERS OF LEAVE; VOLUNTARY 

6 LEAVE BANK PROGRAM. 

7 (a) VOLUNTARY TRANSFERS OF LEAVE.—Section 

8 6333 is amended by adding at the end the following: 

9 ‘‘(d) Regulations to carry out this section shall in10 clude provisions to ensure that, in the administration of 

11 this section, a domestic partner (as that term is defined 

12 in section 2501) shall be afforded the same status as a 

13 spouse.’’. 

14 (b) VOLUNTARY LEAVE BANK PROGRAM.—Section 

15 6362 is amended— 

16 (1) by inserting ‘‘(a)’’ before ‘‘Notwith17 standing’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(b) The established program under this section shall 

20 include provisions to ensure that, in the administration of 

21 this section, a domestic partner (as that term is defined 

22 in section 2501) shall be afforded the same status as a 

23 spouse.’’. 

24 SEC. 702. FAMILY AND MEDICAL LEAVE. 

25 (a) IN GENERAL.— 


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1 (1) DEFINITION.—Section 6381 is amended— 

2 (A) in paragraph (6), in the matter before 

3 subparagraph (A), by striking ‘‘parentis,’’ and 

4 inserting ‘‘parentis (or a biological, adopted, or 

5 foster child of the domestic partner of the em6 ployee),’’; 

7 (B) in paragraph (11), by striking ‘‘and’’ 

8 at the end; 

9 (C) in paragraph (12), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (D) by adding after paragraph (12) the 

12 following: 

13 ‘‘(13) the term ‘domestic partner’ has the 

14 meaning given under section 2501.’’. 

15 (2) LEAVE REQUIREMENT.—Section 6382 is 

16 amended by striking ‘‘spouse,’’ each place that term 

17 appears and inserting ‘‘spouse (or domestic part18 ner),’’. 

19 (3) CERTIFICATION.—Section 6383 is amended 

20 in subsections (a) and (b)(4)(A) by striking 

21 ‘‘spouse,’’ each place it appears and inserting 

22 ‘‘spouse (or domestic partner),’’. 

23 (b) CONGRESSIONAL ACCOUNTABILITY.—Section 202 

24 of the Congressional Accountability Act of 1995 (2 U.S.C. 

25 1312) is amended by adding at the end the following: 


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1 ‘‘(f) COVERAGE OF EMPLOYEES WITH DOMESTIC

2 PARTNERS.— 

3 ‘‘(1) DEFINITION OF DOMESTIC PARTNER.—In 

4 this subsection, the term ‘domestic partner’ has the 

5 meaning given under section 2501 of title 5, United 

6 States Code. 

7 ‘‘(2) APPLICATION TO COVERED EMPLOYEES.— 

8 In the application of the Family and Medical Leave 

9 Act of 1993 (29 U.S.C. 2601 et seq.) under sub10 section (a)(1) as to a covered employee who has a 

11 domestic partner— 

12 ‘‘(A) sections 102 through 105 of that Act 

13 shall apply as though ‘domestic partner’ were 

14 inserted after ‘spouse’ each place it appears in 

15 those sections; 

16 ‘‘(B) section 101(12) of that Act shall 

17 apply as though a child of the domestic partner 

18 of a covered employee, which child meets the 

19 conditions of subparagraphs (A) and (B) of 

20 that section, were included in the term ‘son or 

21 daughter’ as defined in that section; and 

22 ‘‘(C) if the covered employee and the do23 mestic partner of the covered employee are em24 ployed by the same employing office, the limit 

25 on the aggregate number of workweeks of leave 


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•S 1910 IS

1 to which both may be entitled, as stated in sec2 tion 102(f) of that Act, shall apply. 

3 ‘‘(3) APPLICATION TO EMPLOYEES OF THE

4 GOVERNMENT ACCOUNTABILITY OFFICE.—In the ap5 plication of the Family and Medical Leave Act of 

6 1993 (29 U.S.C. 2601 et seq.) as to an employee of 

7 the Government Accountability Office who has a do8 mestic partner— 

9 ‘‘(A) sections 102 through 105 of that Act 

10 shall apply as though ‘domestic partner’ were 

11 inserted after ‘spouse’ each place it appears in 

12 those sections; 

13 ‘‘(B) section 101(12) of that Act shall 

14 apply as though a child of the domestic partner 

15 of the employee, which child meets the condi16 tions of subparagraphs (A) and (B) of that sec17 tion, were included in the term ‘son or daugh18 ter’ as defined in that section; and 

19 ‘‘(C) in any case in which the employee 

20 and the domestic partner of the employee are 

21 both employed by the Government Account22 ability Office, the limit on the aggregate num23 ber of workweeks of leave to which both may be 

24 entitled, as stated in section 102(f) of that Act, 

25 shall apply.’’. 


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1 (c) PRESIDENTIAL AND EXECUTIVE OFFICE AC2 COUNTABILITY.—Section 412 of title 3, United States 

3 Code, is amended by adding at the end the following: 

4 ‘‘(e) COVERAGE OF EMPLOYEES WITH DOMESTIC

5 PARTNERS.— 

6 ‘‘(1) DEFINITION OF DOMESTIC PARTNER.—In 

7 this subsection, the term ‘domestic partner’ has the 

8 meaning given under section 2501 of title 5. 

9 ‘‘(2) APPLICATION TO COVERED EMPLOYEES.— 

10 In the application of the Family and Medical Leave 

11 Act of 1993 (29 U.S.C. 2601 et seq.) under sub12 section (a)(1) as to a covered employee who has a 

13 domestic partner— 

14 ‘‘(A) sections 102 through 105 of that Act 

15 shall apply as though ‘domestic partner’ were 

16 inserted after ‘spouse’ each place it appears in 

17 those sections; 

18 ‘‘(B) section 101(12) of that Act shall 

19 apply as though a child of the domestic partner 

20 of a covered employee, which child meets the 

21 conditions of subparagraphs (A) and (B) of 

22 that section, shall be deemed to be included in 

23 the term ‘son or daughter’ as defined in that 

24 section; and 


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1 ‘‘(C) if the covered employee and the do2 mestic partner of the covered employee are em3 ployed by the same employing office, the limit 

4 on the aggregate number of workweeks of leave 

5 to which both may be entitled, as stated in sec6 tion 102(f) of that Act, shall apply.’’. 

7 SEC. 703. SETTLEMENT OF ACCOUNTS. 

8 Section 5582(b) is amended by inserting ‘‘(or sur9 viving domestic partner (as defined under section 2501))’’ 

10 after ‘‘widow or widower’’. 

11 SEC. 704. PAYMENTS TO MISSING EMPLOYEES. 

12 (a) DEFINITIONS.—Section 5561 is amended— 

13 (1) in paragraph (3)— 

14 (A) in subparagraph (A), by striking 

15 ‘‘wife’’ and inserting ‘‘spouse (or domestic part16 ner)’’; and 

17 (B) by striking subparagraph (B) and in18 serting— 

19 ‘‘(B) a child, including a dependent adopt20 ed child (or a dependent child of a domestic 

21 partner not adopted by or otherwise the child of 

22 the employee), who is— 

23 ‘‘(i) unmarried (and not in a domestic 

24 partnership); and 

25 ‘‘(ii) under 21 years of age;’’; 


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1 (2) in paragraph (5)(E), by striking ‘‘and’’ at 

2 the end; 

3 (3) in paragraph (6)(F), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(7) ‘domestic partner’ and ‘domestic partner7 ship’ have the meanings given under section 2501.’’. 

8 (b) BENEFITS FOR CAPTIVES.—Section 5569 is 

9 amended by inserting ‘‘(or domestic partner)’’ after 

10 ‘‘spouse’’ each place it appears. 

11 SEC. 705. COMPENSATION FOR DISABILITY OR DEATH. 

12 Section 5570(a)(2)(B) is amended by striking 

13 ‘‘household.’’ and inserting ‘‘household (including a do14 mestic partner (as defined in section 2501) of the em15 ployee).’’. 

16 SEC. 706. ANNUITY OF THE COMPTROLLER GENERAL. 

17 (a) DEFINITIONS.—Section 771 of title 31, United 

18 States Code, is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘subchapter—’’ and inserting ‘‘sub21 chapter:’’; 

22 (2) in paragraph (1)— 

23 (A) by inserting ‘‘The term’’ after ‘‘(1)’’; 

24 and 


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1 (B) by inserting ‘‘(or the child of a report2 ing Comptroller General’s domestic partner not 

3 adopted by or otherwise the child of the Comp4 troller General)’’ after ‘‘including a stepchild’’; 

5 and 

6 (3) by striking paragraphs (2) and (3) and in7 serting the following: 

8 ‘‘(2) The terms ‘domestic partner’ and ‘domes9 tic partnership’ have the meanings given under sec10 tion 2501 of title 5. 

11 ‘‘(3) The term ‘surviving spouse’ means a sur12 viving spouse of an individual who was a Comp13 troller General or retired Comptroller General and 

14 the spouse— 

15 ‘‘(A) was married to the individual for at 

16 least 1 year immediately before the individual 

17 died; or 

18 ‘‘(B) has not remarried (or entered into a 

19 domestic partnership) before age 55 and is the 

20 parent of issue by the marriage. 

21 ‘‘(4) The term ‘surviving partner’ means a sur22 viving domestic partner of an individual who was a 

23 Comptroller General or retired Comptroller General 

24 and the domestic partner— 


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1 ‘‘(A) was in a domestic partnership for at 

2 least 1 year immediately before the individual 

3 died; or 

4 ‘‘(B)(i) has not entered into a subsequent 

5 domestic partnership or married before age 55; 

6 and 

7 ‘‘(ii) satisfies other requirements, related 

8 to parenthood and the domestic partnership, 

9 prescribed by the Director of the Office of Per10 sonnel Management by regulation under sec11 tions 8341(3)(b) and 8441(3)(B) of title 5, as 

12 determined and applied by the General Counsel 

13 of the Government Accountability Office on the 

14 basis of those regulations. 

15 ‘‘(5) Service as a Comptroller General equals 

16 the number of years and complete months an indi17 vidual is Comptroller General.’’. 

18 (b) ELECTION OF SURVIVOR BENEFITS.—Section 

19 773 of title 31, United States Code, is amended— 

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

21 domestic partner’s)’’ after ‘‘surviving spouse’s’’; 

22 (2) in subsection (c), by inserting ‘‘(or surviving 

23 domestic partner)’’ after ‘‘surviving spouse’’; and 

24 (3) in subsection (d), by inserting ‘‘(or domestic 

25 partner)’’ before the period. 


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1 (c) SURVIVOR ANNUITIES.—Section 774 of title 31, 

2 United States Code, is amended— 

3 (1) in subsection (c)— 

4 (A) by striking paragraph (1) and insert5 ing the following: 

6 ‘‘(1) only by a spouse (or domestic partner), the 

7 surviving spouse (or surviving domestic partner) 

8 shall receive an annuity computed under subsection 

9 (d) of this section beginning on the death of the 

10 Comptroller General or retired Comptroller General 

11 or when the spouse (or domestic partner) is 50 years 

12 of age, whichever is later;’’; 

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

14 spouse and a dependent child, the surviving 

15 spouse’’ and inserting ‘‘by a spouse (or domes16 tic partner) and a dependent child, the sur17 viving spouse (or surviving domestic partner)’’; 

18 and 

19 (C) in paragraph (3)(A), by inserting ‘‘(or 

20 surviving domestic partner)’’ after ‘‘surviving 

21 spouse’’; 

22 (2) in subsection (d), by inserting ‘‘(or sur23 viving domestic partner)’’ after ‘‘surviving spouse’’; 

24 (3) in subsection (e)— 


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1 (A) by inserting ‘‘(or surviving domestic 

2 partner’s)’’ after ‘‘A surviving spouse’s’’; 

3 (B) by inserting ‘‘(or surviving domestic 

4 partner’s)’’ after ‘‘a surviving spouse’s’’; and 

5 (C) by inserting ‘‘(or domestic partner)’’ 

6 after ‘‘unless the spouse’’. 

7 (d) REFUNDS.—Section 775 of title 31, United 

8 States Code, is amended— 

9 (1) in subsection (d)(2), by inserting ‘‘(or sur10 viving domestic partner)’’ after ‘‘surviving spouse’’; 

11 and 

12 (2) in subsection (e), by inserting ‘‘(or surviving 

13 domestic partner)’’ after ‘‘surviving spouse’’. 

14 (e) PAYMENT OF SURVIVOR BENEFITS.—Section 

15 776(b) of title 31, United States Code, is amended— 

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

17 spouse’s annuity ends when the spouse remarries’’ 

18 and inserting ‘‘A surviving spouse’s (or surviving do19 mestic partner’s) annuity ends when the spouse re20 marries (or enters into a domestic partnership) (or 

21 when the surviving domestic partner enters into an22 other domestic partnership or marries)’’; 

23 (2) in paragraph (2), by striking ‘‘marries, or 

24 dies, whichever is earliest. However, if a child is not 

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1 ability, an annuity ends when the child recovers, 

2 marries’’ and inserting ‘‘marries (or enters into a 

3 domestic partnership), or dies, whichever is earliest. 

4 However, if a child is not self-supporting because of 

5 a physical or mental disability, an annuity ends 

6 when the child recovers, marries (or enters into a 

7 domestic partnership)’’; and 

8 (3) in paragraph (3), by inserting ‘‘(or sur9 viving domestic partner)’’ after ‘‘a surviving 

10 spouse’’. 

11 (f) ANNUITY INCREASES.—Section 777(b) of title 31, 

12 United States Code, is amended by inserting ‘‘(or sur13 viving domestic partner’s)’’ after ‘‘A surviving spouse’s’’. 

14 TITLE VIII—ETHICS IN GOVERN15 MENT, CONFLICTS OF INTER16 EST, EMPLOYMENT OF REL17 ATIVES, GIFTS, AND EM18 PLOYEE CONDUCT 

19 SEC. 801. ETHICS IN GOVERNMENT ACT OF 1978. 

20 (a) CONTENTS OF REPORTS.—Section 102 of the 

21 Ethics in Government Act of 1978 (5 U.S.C. App.) is 

22 amended— 

23 (1) in subsection (a)— 


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

2 the domestic partner or a parent, child, or sib3 ling of the domestic partner)’’ after ‘‘relative’’; 

4 (B) in paragraph (3), by striking ‘‘spouse, 

5 or by a parent, brother, sister, or child of the 

6 reporting individual or of the reporting individ7 ual’s spouse,’’ and inserting ‘‘spouse (or domes8 tic partner), or by a parent, brother, sister, or 

9 child of the reporting individual or of the re10 porting individual’s spouse (or of the reporting 

11 individual’s domestic partner),’’; 

12 (C) in paragraph (4)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘spouse, or a par15 ent, brother, sister, or child of the report16 ing individual or of the reporting individ17 ual’s spouse,’’ and inserting ‘‘spouse (or 

18 domestic partner), or a parent, brother, 

19 sister, or child of the reporting individual 

20 or of the reporting individual’s spouse (or 

21 of the reporting individual’s domestic part22 ner),’’; and 

23 (ii) in subparagraph (A), by inserting 

24 ‘‘(or domestic partner)’’ after ‘‘spouse’’; 

25 and 


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1 (D) in paragraph (5), by inserting ‘‘(or do2 mestic partner)’’ after ‘‘spouse’’ each place that 

3 term appears; 

4 (2) in subsection (e)— 

5 (A) in paragraph (1)— 

6 (i) in the matter preceding subpara7 graph (A) and subparagraphs (A), (B), 

8 (C), and (D) by inserting ‘‘(or domestic 

9 partner)’’ after ‘‘spouse’’ each place that 

10 term appears; 

11 (ii) in subparagraph (E), by inserting 

12 ‘‘(or domestic partner’s)’’ after ‘‘spouse’s’’; 

13 (iii) in subparagraph (F)— 

14 (I) by inserting ‘‘(and domestic 

15 partners)’’ after ‘‘spouses’’; and 

16 (II) by inserting ‘‘(or domestic 

17 partner)’’ after ‘‘spouse’’; and 

18 (iv) in the matter following subpara19 graph (F), by inserting ‘‘(or domestic part20 ner)’’ after ‘‘spouse’’; and 

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

22 termination of the reporting individual’s domes23 tic partnership)’’ after ‘‘his spouse’’; and 


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1 (3) in subsection (f), by inserting ‘‘(or domestic 

2 partner)’’ after ‘‘spouse’’ each place that term ap3 pears. 

4 (b) DEFINITIONS RELATING TO FINANCIAL DISCLO5 SURE.— 

6 (1) IN GENERAL.—Section 109 of the Ethics in 

7 Government Act of 1978 (5 U.S.C. App.) is amend8 ed— 

9 (A) in paragraph (2)— 

10 (i) in the matter preceding subpara11 graph (A), by inserting ‘‘(or who is a son 

12 or daughter of the reporting individual’s 

13 domestic partner)’’ after ‘‘stepdaughter’’; 

14 (ii) in subparagraph (A), by striking 

15 ‘‘unmarried’’ and inserting ‘‘not married 

16 (and not in a domestic partnership)’’; and 

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

18 ‘‘(or, in the case of a son or daughter of 

19 the reporting individual’s domestic partner, 

20 would be a dependent within the meaning 

21 of such section if the requirements of sub22 sections (c)(1)(A) and (d)(1)(A) of such 

23 section were disregarded)’’ before the semi24 colon; 


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1 (B) by redesignating paragraphs (4) 

2 through (19) as paragraphs (5) through (20), 

3 respectively; and 

4 (C) by inserting after paragraph (3) the 

5 following: 

6 ‘‘(4) ‘domestic partner’ and ‘domestic partner7 ship’ have the meanings given under section 2501 of 

8 title 5, United States Code.’’. 

9 (2) TECHNICAL AND CONFORMING AMEND10 MENTS.— 

11 (A) ETHICS IN GOVERNMENT ACT OF

12 1978.—The Ethics in Government Act of 1978 

13 (5 U.S.C. App.) is amended— 

14 (i) in section 101(f)— 

15 (I) in paragraph (9), by striking 

16 ‘‘section 109(12)’’ and inserting ‘‘sec17 tion 109(13)’’; 

18 (II) in paragraph (10), by strik19 ing ‘‘section 109(13)’’ and inserting 

20 ‘‘section 109(14)’’; 

21 (III) in paragraph (11), by strik22 ing ‘‘section 109(10)’’ and inserting 

23 ‘‘section 109(11)’’; and 


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1 (IV) in paragraph (12), by strik2 ing ‘‘section 109(8)’’ and inserting 

3 ‘‘section 109(9)’’; and 

4 (ii) in section 105(b)(3)(A), by strik5 ing ‘‘section 109(8) or 109(10)’’ and in6 serting ‘‘section 109(9) or (11)’’. 

7 (B) OTHER PROVISIONS.— 

8 (i) LOBBYING DISCLOSURE ACT OF

9 1995.—Section 3(4)(D) of the Lobbying 

10 Disclosure Act of 1995 (2 U.S.C. 

11 1602(4)(D)) is amended by striking ‘‘sec12 tion 109(13)’’ and inserting ‘‘section 

13 109(14)’’. 

14 (ii) PUBLIC HEALTH SERVICE ACT.— 

15 Section 499(j)(2) of the Public Health 

16 Service Act (42 U.S.C. 290b(j)(2)) is 

17 amended by striking ‘‘section 109(16)’’ 

18 and inserting ‘‘section 109(17)’’. 

19 (c) OUTSIDE EARNED INCOME LIMITATION.—Sec20 tion 501(c) of the Ethics in Government Act of 1978 (5 

21 U.S.C. App.) is amended by striking ‘‘spouse, child, or de22 pendent relative of such individual’’ and inserting ‘‘spouse 

23 (or domestic partner), child, or dependent relative of such 

24 individual (or child, sibling, or parent of such individual’s 


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1 domestic partner, which child, sibling, or parent is a de2 pendent of such individual)’’. 

3 (d) DEFINITIONS RELATING TO OUTSIDE EARNED

4 INCOME AND EMPLOYMENT.—Section 505 of the Ethics 

5 in Government Act of 1978 (5 U.S.C. App.) is amended— 

6 (1) in paragraph (3), by inserting ‘‘(or the indi7 vidual’s domestic partner, or a parent, child, or sib8 ling of the individual’s domestic partner)’’ after ‘‘rel9 ative’’; and 

10 (2) in paragraph (4), by inserting ‘‘(or the do11 mestic partner, or a parent, child, or sibling of the 

12 domestic partner)’’ after ‘‘relative’’. 

13 SEC. 802. CONFLICTS OF INTEREST. 

14 (a) COMPENSATION TO MEMBERS OF CONGRESS, OF15 FICERS, AND OTHERS IN MATTERS AFFECTING THE GOV16 ERNMENT.—Section 203(d) of title 18, United States 

17 Code, is amended in the matter preceding paragraph (1) 

18 by inserting ‘‘(or domestic partner, as that term is defined 

19 in section 2501 of title 5)’’ after ‘‘spouse’’. 

20 (b) ACTIVITIES OF OFFICERS AND EMPLOYEES IN

21 CLAIMS AGAINST AND OTHER MATTERS AFFECTING THE

22 GOVERNMENT.—Section 205(e) of title 18, United States 

23 Code, is amended in the matter preceding paragraph (1) 

24 by inserting ‘‘(or domestic partner, as that term is defined 

25 in section 2501 of title 5)’’ after ‘‘spouse’’. 


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1 (c) ACTS AFFECTING A PERSONAL FINANCIAL IN2 TEREST.—Section 208(a) of title 18, United States Code, 

3 is amended by inserting ‘‘(or domestic partner, as that 

4 term is defined in section 2501 of title 5)’’ after ‘‘spouse’’. 

5 SEC. 803. EMPLOYMENT OF RELATIVES, RESTRICTIONS. 

6 Section 3110 is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (2), by striking ‘‘and’’ at 

9 the end; 

10 (B) in paragraph (3), by striking the pe11 riod and inserting ‘‘; and’’; and 

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

13 ‘‘(4) ‘domestic partner’ has the meaning given 

14 under section 2501.’’; and 

15 (2) in subsection (b), by inserting ‘‘The restric16 tions in this subsection shall apply also to a public 

17 official with respect to any individual, and to any in18 dividual with respect to a public official, if the indi19 vidual is the public official’s domestic partner; is a 

20 parent, child, or sibling of the public official’s do21 mestic partner; or is the domestic partner of a child, 

22 parent, or sibling of the public official.’’ at the end. 

23 SEC. 804. RECEIPT AND DISPOSITION OF FOREIGN GIFTS 

24 AND DECORATIONS. 

25 Section 7342(a)(1) is amended— 


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1 (1) in paragraph (1)(G), by inserting ‘‘(or do2 mestic partner)’’ after ‘‘spouse’’ each place it ap3 pears; 

4 (2) in paragraph (5), by striking ‘‘and’’ at the 

5 end; 

6 (3) in paragraph (6), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(7) ‘domestic partner’ has the same meaning 

10 given under section 2501.’’. 

11 SEC. 805. REGULATION OF CONDUCT; GIFTS. 

12 (a) IN GENERAL.—Regulations under section 7301 

13 of title 5, United States Code, shall be modified by the 

14 President, and regulations under sections 7351 and 7353 

15 of that title shall be modified by the Office of Government 

16 Ethics, so as to provide that any benefits and obligations 

17 applicable to married employees and their spouses shall 

18 also apply to employees in domestic partnerships and their 

19 domestic partners. 

20 (b) DEFINITION.—In this section, the term ‘‘domestic 

21 partner’’ has the meaning given under section 2501 of title 

22 5, United States Code. 


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1 SEC. 806. ACCEPTANCE OF TRAVEL ASSISTANCE FROM 

2 NON-FEDERAL SOURCES. 

3 Section 1353(a) of title 31, United States Code, is 

4 amended by inserting ‘‘(or domestic partner (as defined 

5 under section 2501 of title 5))’’ after ‘‘spouse’’. 

Æ 


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