II 

Calendar No. 572 

112TH CONGRESS 

2D SESSION S. 1910 

[Report No. 112–257] 

To provide benefits to domestic partners of Federal employees. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2011 

Mr. LIEBERMAN (for himself, Ms. COLLINS, Mr. AKAKA, Mr. BLUMENTHAL, 

Mrs. BOXER, Mr. CARDIN, Mr. CASEY, Mr. DURBIN, Mr. FRANKEN, Mrs. 

GILLIBRAND, Mr. HARKIN, Mr. KERRY, Ms. KLOBUCHAR, Mr. LAUTENBERG, Mr. LEAHY, Mr. LEVIN, Mr. MERKLEY, Ms. MIKULSKI, Mrs. 

MURRAY, Mr. SANDERS, Mrs. SHAHEEN, Mr. WHITEHOUSE, Ms. CANTWELL, Mr. COONS, Mr. MENENDEZ, Mr. WYDEN, Mr. TESTER, Mrs. 

FEINSTEIN, Mr. BROWN of Ohio, Mr. REED, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

DECEMBER 19, 2012 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


pwalker on DSK7TPTVN1PROD with 
2 

•S 1910 RS

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

2 CONTENTS. 

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

4 ‘‘Domestic Partnership Benefits and Obligations Act of 

5 2011’’. 

6 (b) REFERENCES.—Except as otherwise expressly 

7 provided, whenever in this Act an amendment or repeal 

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

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

11 5, United States Code. 

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

13 this Act is as follows: 

Sec. 1. Short title; references; 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. 


pwalker on DSK7TPTVN1PROD with 
3 

•S 1910 RS

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. 

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. 


pwalker on DSK7TPTVN1PROD with 
4 

•S 1910 RS

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 

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. 


pwalker on DSK7TPTVN1PROD with 
5 

•S 1910 RS

1 TITLE I—ESTABLISHMENT AND 

2 TERMINATION OF DOMESTIC 

3 PARTNERSHIPS; OTHER GEN4 ERAL PROVISIONS 

5 SEC. 101. FEDERAL EMPLOYEES IN DOMESTIC PARTNER6 SHIPS. 

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

8 by inserting after section 2305 the following: 

9 ‘‘CHAPTER 25—FEDERAL EMPLOYEES IN 

10 DOMESTIC PARTNERSHIPS 

‘‘Sec. 

‘‘2501. Definitions. 

‘‘2502. Establishment and termination of domestic partnerships. 

11 ‘‘§ 2501. Definitions 

12 ‘‘In this chapter— 

13 ‘‘(1) the term ‘annuitant’ means— 

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

15 8331, 8401, or 8901(3)(A); and 

16 ‘‘(B) as determined under regulations pre17 scribed by the President or a designee of the 

18 President, any other individual who is entitled 

19 to benefits (based on the service of such indi20 vidual) under a retirement system for employees 

21 of the Government; 

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

23 the Office of Personnel Management; 


pwalker on DSK7TPTVN1PROD with 
6 

•S 1910 RS

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

2 of the individuals in a domestic partnership; 

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

4 relationship between 2 individuals of the same sex, 

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

6 or annuitant, that has been established under sec7 tion 2502(a) and not terminated under section 

8 2502(b); and 

9 ‘‘(5) the term ‘employee’ means— 

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

11 2105, including an employee referred to in sub12 section (c) or (e) of that section; 

13 ‘‘(B) a Member of Congress; 

14 ‘‘(C) the President; 

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

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

17 or 9001; or 

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

19 by the Government and is included within this 

20 definition under regulations prescribed by the 

21 President or a designee of the President. 

22 ‘‘§ 2502. Establishment and termination of domestic 

23 partnerships 

24 ‘‘(a) ESTABLISHMENT OF DOMESTIC PARTNER25 SHIP.— 


pwalker on DSK7TPTVN1PROD with 
7 

•S 1910 RS

1 ‘‘(1) An employee, former employee, or annu2 itant and another individual (who may also be an 

3 employee, former employee, or annuitant) may es4 tablish a domestic partnership as provided in this 

5 section for the purposes of the provisions of law to 

6 which this chapter applies. 

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

8 individuals referred to in paragraph (1) shall jointly 

9 execute, and the employee, former employee, or an10 nuitant shall file, an affidavit in such form and filed 

11 in such manner as the Director shall by regulation 

12 prescribe. 

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

14 (2), each of the individuals shall attest to the fol15 lowing: 

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

17 sex; and 

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

19 an employee, former employee, or annuitant. 

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

21 domestic-partnership relationship with each 

22 other satisfying the conditions in clauses (ii), 

23 (iii), and (iv) and intend to remain so indefi24 nitely. 


pwalker on DSK7TPTVN1PROD with 
8 

•S 1910 RS

1 ‘‘(ii) The individuals have a common resi2 dence and intend to continue to do so (or would 

3 have a common residence, but are prevented 

4 from doing so because of an assignment abroad 

5 or other employment-related factors, financial 

6 considerations, family responsibilities, or other 

7 similar reason (which shall be specifically iden8 tified in the affidavit)). 

9 ‘‘(iii) The individuals share responsibility 

10 for a significant measure of each other’s welfare 

11 and financial obligations. 

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

13 a domestic partnership with anyone except each 

14 other. 

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

16 of age and mentally competent to consent to a 

17 contract. 

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

19 each other by blood in a way that would pro20 hibit legal marriage between individuals other21 wise eligible to marry in the jurisdiction (or, if 

22 applicable, in any jurisdiction) in which the in23 dividuals have a common residence. 

24 ‘‘(E) Each of the individuals understands 

25 that— 


pwalker on DSK7TPTVN1PROD with 
9 

•S 1910 RS

1 ‘‘(i) as a domestic partner, each indi2 vidual not only gains certain benefits, but 

3 also assumes certain obligations, as set 

4 forth in the provision of law to which this 

5 chapter applies, the violation of which may 

6 lead to disciplinary action against an em7 ployee and to criminal and other penalties; 

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

9 partners are required to file notification 

10 under subsection (b)(2) terminating the 

11 domestic partnership within 30 days after 

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

13 of subparagraph (B) ceases to be satisfied, 

14 and, if 1 domestic partner dies, the other 

15 is required to file a notification under sub16 section (b)(3) within 30 days after the 

17 death; and 

18 ‘‘(iii) willful falsification of informa19 tion in the affidavit, or willful failure to 

20 file notification as required under sub21 section (b)(2) or (3), may lead to recovery 

22 of amounts obtained as a result of such 

23 falsification or failure, disciplinary action 

24 against an employee, and criminal or other 

25 penalties. 


pwalker on DSK7TPTVN1PROD with 
10 

•S 1910 RS

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

2 ‘‘(1) A domestic partnership is terminated 

3 upon— 

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

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

6 paragraph (2) by either or both domestic part7 ners; or 

8 ‘‘(C) the satisfaction of such other condi9 tions as the Director may by regulation pre10 scribe. 

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

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

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

14 partners shall, within 30 days after the condition 

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

16 in such form and in such manner as prescribed by 

17 the Director in regulation, stating that the condition 

18 is no longer satisfied and that the domestic partner19 ship is terminated. 

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

21 notification under subparagraph (A) be timely filed, 

22 but the duty of 1 domestic partner shall be satisfied 

23 if the other domestic partner timely executes and 

24 files the required notification. 


pwalker on DSK7TPTVN1PROD with 
11 

•S 1910 RS

1 ‘‘(C) The Director shall promulgate regulations 

2 establishing the criteria for determining when any 

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

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

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

6 domestic partner shall, within 30 days after the 

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

8 such form and in such manner as prescribed by the 

9 Director in regulation. 

10 ‘‘(c) EFFECTIVENESS OF THE FILING OF AN AFFI11 DAVIT.— 

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

13 (a)(2) shall not be effective for purposes of this sec14 tion unless the filing individual is an employee, 

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

16 filing. 

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

18 provisions of law to which this chapter applies, be 

19 treated as being in a domestic partnership— 

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

21 accordance with this section and with regula22 tions prescribed by the Director; or 

23 ‘‘(B) after the earlier of— 

24 ‘‘(i) the date of the death of either in25 dividual; or 


pwalker on DSK7TPTVN1PROD with 
12 

•S 1910 RS

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

2 partnership is otherwise terminated, as de3 termined under regulations prescribed by 

4 the Director. 

5 ‘‘(d) ADDITIONAL NOTIFICATIONS TO GOVERNMENT

6 EMPLOYER.—A domestic partner employed by an entity 

7 of the United States shall provide such notifications to the 

8 employing entity of the formation, existence, or termi9 nation of the domestic partnership, in addition to the fil10 ings required under subsections (a) and (b), as may be 

11 required, and in such form and in such manner as pre12 scribed, by the Director in regulation. 

13 ‘‘(e) APPLICABILITY.— 

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

15 provisions of this title (excluding chapter 81). 

16 ‘‘(2) Two individuals determined under section 

17 8101(21) or 8171(e)(1)(A) to be domestic partners 

18 for purposes of chapter 81 shall be deemed to be do19 mestic partners in a domestic partnership, as de20 fined under section 2501, for purposes of any provi21 sion of law. 

22 ‘‘(3) Under regulations prescribed by the Presi23 dent— 

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

25 the Director of any individual determined under 


pwalker on DSK7TPTVN1PROD with 
13 

•S 1910 RS

1 section 8101(21) or 8171(e)(1)(A) to be domes2 tic partners; and 

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

4 or annuitant is determined under section 

5 8101(21) or 8171(e)(1)(A) to be a domestic 

6 partner with another individual for purposes of 

7 chapter 81, the individual shall promptly estab8 lish a domestic partnership under subsection (a) 

9 and shall be subject to the requirements of sub10 sections (b), (c), and (d). 

11 ‘‘(f) REGULATIONS.—The Director shall issue regula12 tions to carry out subsection (a) through (d).’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

16 chapter 23 the following: 

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

17 SEC. 102. GUIDANCE AND EDUCATIONAL MATERIALS. 

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

19 have authority to develop and issue guidance and edu20 cational materials with respect to benefits and obligations 

21 established under the amendments made by this Act and 

22 the measures taken under section 103 shall issue the ma23 terials— 

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


pwalker on DSK7TPTVN1PROD with 
14 

•S 1910 RS

1 (2) if in the executive branch, under the coordi2 nation of the Director of the Office of Personnel 

3 Management. 

4 (b) OFFICE OF PERSONNEL MANAGEMENT.—The 

5 Director of the Office of Personnel Management shall, to 

6 the greatest extent practicable— 

7 (1) compile the materials referred to under sub8 section (a); 

9 (2) prepare and issue guidance and educational 

10 materials with respect to benefits and obligations 

11 available to domestic partners of certain Secret Serv12 ice and Park Police Officers who are covered under 

13 the DC Police Officers’ and Firefighters’ Retirement 

14 Plan, and include that guidance documentation in 

15 the compilation under paragraph (1); and 

16 (3) ensure that such materials are readily avail17 able to employees and their domestic partners, both 

18 in print form and by publicly accessible website. 

19 (c) TIMELINESS.—To the maximum extent prac20 ticable, the materials shall be— 

21 (1) prepared and made readily available not 

22 later than 30 days before the effective date of this 

23 Act; and 

24 (2) updated as necessary. 


pwalker on DSK7TPTVN1PROD with 
15 

•S 1910 RS

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

2 on the date of enactment of this Act. 

3 SEC. 103. REVIEW OF PROGRAMS UNDER WHICH EMPLOY4 MENT BENEFITS AND OBLIGATIONS ARE ES5 TABLISHED. 

6 (a) DEFINITIONS.—In this section— 

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

8 power, privilege, immunity, or protection, whether 

9 substantive, procedural, remedial, or otherwise; 

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

11 of the individuals in a domestic partnership; 

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

13 relationship between 2 individuals— 

14 (A) who are of the same sex; 

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

16 (C)(i) who are in a committed domestic17 partnership relationship with each other satis18 fying the conditions in clauses (ii), (iii), and (iv) 

19 and intend to remain so indefinitely; 

20 (ii) who have a common residence and in21 tend to continue to do so (or would have a com22 mon residence, but are prevented from doing so 

23 because of such reasons as an assignment 

24 abroad or other employment-related factors, fiVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
16 

•S 1910 RS

1 nancial considerations, family responsibilities, 

2 or other such reasons); 

3 (iii) who share responsibility for a signifi4 cant measure of each other’s welfare and finan5 cial obligations; and 

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

7 domestic partnership with anyone except each 

8 other; 

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

10 age and mentally competent to consent to a 

11 contract; and 

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

13 blood in a way that would prohibit legal mar14 riage between individuals otherwise eligible to 

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

16 any jurisdiction) in which the individuals have 

17 a common residence; and 

18 (4) the term ‘‘employee’’ means— 

19 (A) an employee as defined under section 

20 2501 of title 5, United States Code, as added 

21 by section 101 of this Act; 

22 (B) a member of the commissioned corps 

23 of the Public Health Service or of the commis24 sioned corps of the National Oceanic and At25 mospheric Administration; or 


pwalker on DSK7TPTVN1PROD with 
17 

•S 1910 RS

1 (C) any other individual performing per2 sonal service to the Government (including an 

3 instrumentality wholly owned by the United 

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

5 a volunteer, who is not performing such service 

6 as an employee of any employer other than the 

7 Government or as a member of the Armed 

8 Forces; and 

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

10 disability, or liability, whether substantive, proce11 dural, remedial, or otherwise. 

12 (b) REVIEWS, ADDITIONAL MEASURES, REC13 OMMENDATIONS, AND REPORTS TO CONGRESS.—Not later 

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

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

16 the President and designees of the President shall— 

17 (1) conduct a review of the employment benefits 

18 and of the employment obligations applied to mar19 ried employees and their spouses to determine what 

20 authority exists for the President and designees of 

21 the President to apply such benefits and obligations 

22 to employees who have domestic partners and the 

23 domestic partners of those employees; 

24 (2) include within the review under paragraph 

25 (1) all employment benefits and obligations under 


pwalker on DSK7TPTVN1PROD with 
18 

•S 1910 RS

1 regulations prescribed by the President or a designee 

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

3 agency or department of the executive branch; 

4 (3) take any additional measures that can be 

5 taken, to the greatest extent practicable and con6 sistent with law, to apply such benefits and obliga7 tions to employees with domestic partners and the 

8 domestic partners of those employees; 

9 (4) develop recommendations for any legislation 

10 to further apply such benefits and obligations to em11 ployees with domestic partners and the domestic 

12 partners of those employees; and 

13 (5) submit a report to Congress summarizing 

14 the review, determinations, and recommendations 

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

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

17 on the date of enactment of this Act. 

18 SEC. 104. EFFECTIVE DATE. 

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

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

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

22 Act. 

23 (b) APPLICATION TO CURRENT AND FUTURE EM24 PLOYEES.—An employee, former employee, or annuitant 

25 shall be eligible to establish a domestic partnership by filVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
19 

•S 1910 RS

1 ing an affidavit under section 2502(a)(2) of title 5, United 

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

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

4 been employed as an employee on or after the effective 

5 date of this Act. 

6 TITLE II—CIVIL SERVICE 

7 RETIREMENT SYSTEM 

8 SEC. 201. DEFINITIONS. 

9 Section 8331 is amended— 

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

11 end; 

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

13 and inserting a semicolon; and 

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

15 ‘‘(32) ‘domestic partner’ and ‘domestic partner16 ship’ have the meanings given under section 2501; 

17 and 

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

19 domestic partner of an individual— 

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

21 18 months of civilian service covered under this 

22 subchapter as an employee or Member; and 

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

24 a domestic partnership with such individual for 

25 at least 9 months.’’. 


pwalker on DSK7TPTVN1PROD with 
20 

•S 1910 RS

1 SEC. 202. CREDITABLE SERVICE. 

2 Section 8332 is amended— 

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

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

5 former domestic partner).’’; and 

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

7 by striking ‘‘spouse’’ each place it appears and in8 serting ‘‘spouse (or domestic partner),’’. 

9 SEC. 203. COMPUTATION OF ANNUITY. 

10 Section 8339 is amended— 

11 (1) in subsection (j)— 

12 (A) in paragraph (1)— 

13 (i) by inserting ‘‘(or domestic part14 ner)’’ after ‘‘the spouse’’ each place it ap15 pears; 

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

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

18 (iii) by inserting ‘‘(or domestic part19 ner’s)’’ after ‘‘the spouse’s’’ each place it 

20 appears; 

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

22 former domestic partner)’’ after ‘‘former 

23 spouse’’ each place it appears; 

24 (C) in paragraph (3)— 

25 (i) in the first sentence— 


pwalker on DSK7TPTVN1PROD with 
21 

•S 1910 RS

1 (I) by inserting ‘‘(or former do2 mestic partner)’’ after ‘‘former 

3 spouse’’ each place it appears; and 

4 (II) by inserting ‘‘(or being in a 

5 domestic partnership with)’’ after 

6 ‘‘based on marriage to’’; 

7 (ii) in the second sentence— 

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

9 partnership of the former domestic 

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

11 the former spouse to’’; and 

12 (II) by striking ‘‘is dissolved,’’ 

13 and inserting ‘‘is dissolved (or termi14 nated),’’; 

15 (iii) in the sixth sentence, by striking 

16 ‘‘former spouse.’’ and inserting ‘‘former 

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

18 (iv) in subparagraph (B)— 

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

20 and inserting ‘‘is then married (or is 

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

22 (II) by striking ‘‘the spouse’s 

23 written consent.’’ and inserting ‘‘the 

24 written consent of the spouse (or do25 mestic partner).’’; and 


pwalker on DSK7TPTVN1PROD with 
22 

•S 1910 RS

1 (v) by amending the next to last sen2 tence to read as follows: ‘‘In the case of a 

3 retired employee or Member whose annuity 

4 is being reduced in order to provide a sur5 vivor annuity for a former spouse (or 

6 former domestic partner), an election to 

7 provide or increase a survivor annuity for 

8 any other former spouse (or any other 

9 former domestic partner), and to continue 

10 an appropriate reduction for that purpose, 

11 may be made within the same period that, 

12 and subject to the same conditions under 

13 which, an election could be made under 

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

15 a current domestic partner), subject to the 

16 provisions of this paragraph relating to 

17 consent of a current spouse (or of a cur18 rent domestic partner), if the retired em19 ployee or Member is then married (or in a 

20 domestic partnership).’’; and 

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

22 follows: 

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

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


pwalker on DSK7TPTVN1PROD with 
23 

•S 1910 RS

1 the current domestic partner) of a retired employee or 

2 Member shall be terminated for each full month— 

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

4 partner); or 

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

6 spouse (or the termination of the domestic partner7 ship of the domestic partner) to the employee or 

8 Member, 

9 except that an appropriate reduction shall be made there10 after if the spouse (or domestic partner) is entitled, as 

11 a former spouse (or former domestic partner), to a sur12 vivor annuity under section 8341(h). 

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

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

15 former domestic partner) of a retired employee or Member 

16 shall be terminated for each full month after the former 

17 spouse remarries (or enters into a domestic partnership) 

18 (or the former domestic partner enters into a subsequent 

19 domestic partnership or marries) before reaching age 55 

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

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

22 employee or Member has (i) another former spouse (or an23 other former domestic partner) who is entitled to a sur24 vivor annuity under section 8341(h), (ii) a current spouse 

25 to whom the employee or Member was married (or a curVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6401 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
24 

•S 1910 RS

1 rent domestic partner with whom the employee or Member 

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

3 and with respect to whom a survivor annuity was not 

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

5 spouse whom the employee or Member married (or a cur6 rent domestic partner with whom the employee or Member 

7 entered into domestic partnership) after retirement and 

8 with respect to whom an election has been made under 

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

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

11 domestic partnership), a retired employee or Member who 

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

13 of retirement, including an employee or Member whose an14 nuity was not reduced to provide a survivor annuity for 

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

16 domestic partner or former domestic partner) as of the 

17 time of retirement, may irrevocably elect during such mar18 riage (or domestic partnership), in a signed writing re19 ceived by the Office— 

20 ‘‘(I) within 2 years after such entry into a sub21 sequent marriage (or domestic partnership); or 

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

23 ‘‘(aa) the death of or entry into a subse24 quent marriage (or domestic partnership) by 

25 any former spouse (or former domestic partner) 


pwalker on DSK7TPTVN1PROD with 
25 

•S 1910 RS

1 of such employee or Member who was entitled 

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

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

4 former spouse (or surviving former domestic 

5 partner), the death of or entry into a subse6 quent marriage (or domestic partnership) by 

7 the last such surviving former spouse (or sur8 viving former domestic partner), 

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

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

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

12 domestic partner) in the event such spouse (or do13 mestic partner) survives the employee or Member. 

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

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

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

17 of the subsequent marriage (or entry into the subsequent 

18 domestic partnership), and the retired employee or Mem19 ber shall deposit in the Fund an amount determined by 

20 the Office of Personnel Management, as nearly as may 

21 be administratively feasible, to reflect the amount by 

22 which the annuity of such retired employee or Member 

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

24 since the date of retirement or, if later, the date the pre25 vious reduction in such retired employee’s or Member’s anVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6401 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
26 

•S 1910 RS

1 nuity was terminated under subparagraph (A) or (B), plus 

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

3 annual rate of interest for each year during which an an4 nuity would have been reduced if the election had been 

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

6 such sentence shall be 6 percent. 

7 ‘‘(iii) The Office shall, by regulation, provide for pay8 ment of the deposit required under clause (ii) by a reduc9 tion in the annuity of the employee or Member. The reduc10 tion shall, to the extent practicable, be designed so that 

11 the present value of the future reduction is actuarially 

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

13 that total reductions in the annuity of an employee or 

14 Member to pay deposits required by the provisions of this 

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

16 of the annuity computed under subsections (a) through 

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

18 8340. The reduction required by this clause, which shall 

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

20 (i), shall be permanent and unaffected by any future dis21 solution of the marriage (or termination of the domestic 

22 partnership). Such reduction shall be independent of and 

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

24 ‘‘(iv) Notwithstanding any other provision of this sub25 paragraph, an election under this subparagraph may not 


pwalker on DSK7TPTVN1PROD with 
27 

•S 1910 RS

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

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

3 a subsequent domestic partnership) if such spouse was 

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

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

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

7 survivor benefits for such spouse (or domestic partner) 

8 under this subchapter based on marriage (or domestic 

9 partnership) to such employee or Member were then 

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

11 of law. 

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

13 person under this subparagraph— 

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

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

16 with respect to such person; or 

17 ‘‘(II) shall, if an election was made by the em18 ployee or Member under such subsection (k)(1) with 

19 respect to a different person, prospectively void such 

20 election if appropriate written application is made by 

21 such employee or Member at the time of making the 

22 election under this subparagraph. 

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

24 shall not apply if— 


pwalker on DSK7TPTVN1PROD with 
28 

•S 1910 RS

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

2 under this subparagraph after having made an elec3 tion under subsection (k)(1); and 

4 ‘‘(II) the election under subsection (k)(1) be5 comes void under clause (v).’’; 

6 (2) in subsection (k)— 

7 (A) in paragraph (1)— 

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

9 Member’’ and inserting ‘‘an employee or 

10 Member who is married (or in a domestic 

11 partnership)’’; and 

12 (ii) by inserting ‘‘(or domestic part13 ner)’’ after ‘‘spouse’’ each place it appears; 

14 (B) in paragraph (2)— 

15 (i) by striking the matter before sub16 paragraph (B) and inserting the following: 

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

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

19 under a provision of law which permits election of a re20 duced annuity with a survivor annuity payable to such em21 ployee’s or Member’s spouse (or domestic partner) and 

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

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

24 Office— 


pwalker on DSK7TPTVN1PROD with 
29 

•S 1910 RS

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

2 Member marries (or enters into a domestic partner3 ship); or 

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

5 ‘‘(I) the death of, or entry into a subse6 quent marriage (or domestic partnership) by, 

7 any former spouse (or former domestic partner) 

8 of such employee or Member who was entitled 

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

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

11 former spouse (or surviving former domestic 

12 partner), the death of or entry into a subse13 quent marriage (or domestic partnership) by 

14 the last such surviving former spouse (or sur15 viving former domestic partner), 

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

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

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

19 matter before subclause (I)), by striking 

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

21 entry into a domestic partnership).’’; 

22 (iii) in subparagraph (B)(ii), by in23 serting ‘‘(or in a domestic partnership)’’ 

24 after ‘‘married’’; and 


pwalker on DSK7TPTVN1PROD with 
30 

•S 1910 RS

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

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

3 domestic partnership).’’; and 

4 (3) in subsection (o)(1)— 

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

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

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

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

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

10 partner)’’ after ‘‘spouse’’. 

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

12 Section 8340 is amended— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘and’’ at the end of para15 graph (1); 

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

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

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

19 ‘‘(3) the terms ‘widow’, ‘widower’, and ‘sur20 viving partner’ have the respective meanings given 

21 them under section 8341.’’; and 

22 (2) in subsection (c)(1)— 

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

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

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


pwalker on DSK7TPTVN1PROD with 
31 

•S 1910 RS

1 widow, widower, or former spouse (or the sur2 viving partner or former domestic partner) of a 

3 deceased employee or Member, or to the widow, 

4 widower, or former spouse (or the surviving 

5 partner or former domestic partner), or insur6 able interest designee’’; and 

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

8 widow, widower, former spouse, or insurable in9 terest designee’’ and inserting ‘‘a widow, wid10 ower, or former spouse (or surviving partner or 

11 former domestic partner) or insurable interest 

12 designee’’. 

13 SEC. 205. SURVIVOR ANNUITIES. 

14 Section 8341 is amended— 

15 (1) in subsection (a)— 

16 (A) by redesignating paragraphs (3) and 

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

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

19 following: 

20 ‘‘(3) ‘surviving partner’ means the surviving do21 mestic partner of an employee or Member who— 

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

23 such employee or Member for at least 9 months 

24 immediately before the death of such employee 

25 or Member; or 


pwalker on DSK7TPTVN1PROD with 
32 

•S 1910 RS

1 ‘‘(B) satisfies such other requirements, re2 lated to parenthood and the domestic partner3 ship, as the Director of the Office of Personnel 

4 Management shall by regulation prescribe based 

5 on the definition of a widow or widower under 

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

7 and 

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

9 by subparagraph (A))— 

10 (i) in subparagraph (A)— 

11 (I) by striking ‘‘an unmarried de12 pendent child’’ and inserting ‘‘a de13 pendent child who is unmarried (and 

14 not in a domestic partnership) and’’; 

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

16 ‘‘stepchild but only if the stepchild’’ 

17 and inserting ‘‘stepchild (or child of 

18 the domestic partner not adopted by 

19 or otherwise the child of the employee 

20 or Member) but only if the stepchild 

21 (or the child of the domestic part22 ner)’’; and 

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

24 ‘‘(or surviving domestic partner)’’ 

25 after ‘‘the surviving spouse’’; and 


pwalker on DSK7TPTVN1PROD with 
33 

•S 1910 RS

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

2 striking ‘‘unmarried dependent child’’ and 

3 inserting ‘‘dependent child who is unmar4 ried (and not in a domestic partnership)’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (1)— 

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

8 each place it appears and inserting ‘‘widow 

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

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

13 (B) in paragraph (2)— 

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

15 each place it appears and inserting ‘‘widow 

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

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

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

19 (C) in paragraph (3)— 

20 (i) in the matter before subparagraph 

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

22 after ‘‘spouse’’; 

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

24 each place it appears and inserting ‘‘widow 

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


pwalker on DSK7TPTVN1PROD with 
34 

•S 1910 RS

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

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

3 enters into a domestic partnership) (or, in 

4 the case of a surviving partner, enters into 

5 a subsequent domestic partnership or mar6 ries)’’ after ‘‘remarries’’; and 

7 (D) in paragraph (4)— 

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

9 each place it appears and inserting ‘‘widow 

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

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

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

13 ‘‘former spouse’’; 

14 (3) in subsection (d)— 

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

16 place it appears and inserting ‘‘widow or wid17 ower (or surviving partner)’’; 

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

19 former domestic partner)’’ after ‘‘former 

20 spouse’’; and 

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

22 case of a widow or widower, enters into a do23 mestic partnership) (or, in the case of a sur24 viving partner, enters into a subsequent domes25 tic partnership or marries)’’ after ‘‘remarries’’; 


pwalker on DSK7TPTVN1PROD with 
35 

•S 1910 RS

1 (4) in subsection (e)— 

2 (A) by striking the matter before para3 graph (2) and inserting the following: 

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

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

6 spouse who was married to an employee or Member 

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

8 employee or Member who completed less than 18 

9 months of service covered by this subchapter; and 

10 ‘‘(B) the term ‘former domestic partner’ in11 cludes a former domestic partner who was in a do12 mestic partnership with an employee or Member for 

13 less than 9 months and a former domestic partner 

14 of an employee or Member who completed less than 

15 18 months of service covered by this subchapter.’’; 

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

17 spouse or a former spouse’’ each place it ap18 pears and inserting ‘‘a spouse or former spouse 

19 (or a domestic partner or former domestic part20 ner)’’; 

21 (C) in paragraph (3)— 

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

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

24 marries (or enters into a domestic partner25 ship);’’; and 


pwalker on DSK7TPTVN1PROD with 
36 

•S 1910 RS

1 (ii) in the matter following subpara2 graph (E)— 

3 (I) by inserting ‘‘(or domestic 

4 partner or former domestic partner)’’ 

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

6 (II) by striking ‘‘spouse, former 

7 spouse, or child’’ and inserting 

8 ‘‘spouse or former spouse (or domestic 

9 partner or former domestic partner) 

10 or child,’’; and 

11 (D) in paragraph (4), by striking ‘‘mar12 riage, then, if such marriage’’ and inserting 

13 ‘‘marriage, then, if such marriage (or a domes14 tic partnership, then, if such domestic partner15 ship)’’; 

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

17 following: 

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

19 from the service with title to deferred annuity from the 

20 Fund hereafter dies before having established a valid claim 

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

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

23 at the date of separation, the surviving spouse (or sur24 viving partner)— 


pwalker on DSK7TPTVN1PROD with 
37 

•S 1910 RS

1 ‘‘(1) is entitled to an annuity equal to 55 per2 cent of the deferred annuity of the Member com3 mencing on the day after the Member dies and ter4 minating on the last day of the month before the 

5 surviving spouse dies or remarries (or enters into a 

6 domestic partnership) (or the surviving domestic 

7 partner dies or enters into a subsequent domestic 

8 partnership or marries); or 

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

10 instead of annuity if the spouse (or domestic part11 ner) is the individual who would be entitled to the 

12 lump-sum credit and files application therefor with 

13 the Office before the award of the annuity. 

14 Notwithstanding the preceding sentence, an annuity pay15 able under this subsection to the surviving spouse (or sur16 viving domestic partner) of a Member may not exceed the 

17 difference between— 

18 ‘‘(A) the annuity which would otherwise be pay19 able to such surviving spouse (or such surviving do20 mestic partner) under this subsection; and 

21 ‘‘(B) the amount of the survivor annuity pay22 able to any former spouse (or any former domestic 

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

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

25 following: 


pwalker on DSK7TPTVN1PROD with 
38 

•S 1910 RS

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

2 domestic partner) whose annuity under this section is ter3 minated because of a subsequent entry into a marriage 

4 (or domestic partnership) before becoming 55 years of 

5 age, annuity at the same rate shall be restored com6 mencing on the day the remarriage (or subsequent domes7 tic partnership) is dissolved by death, annulment, or di8 vorce (or terminated), if— 

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

10 partner) elects to receive this annuity instead of a 

11 survivor benefit to which he may be entitled, under 

12 this subchapter or another retirement system for 

13 Government employees, by reason of the subsequent 

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

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

16 annuity is returned to the Fund.’’; 

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

18 following: 

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

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

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

22 separated from the service with title to a deferred annuity 

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

24 under this subsection, if and to the extent expressly pro25 vided for in an election under section 8339(j)(3), or in 


pwalker on DSK7TPTVN1PROD with 
39 

•S 1910 RS

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

2 court order or court-approved property settlement agree3 ment incident to such decree. 

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

5 former domestic partner) under this subsection may not 

6 exceed the difference between— 

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

8 former spouse (or former domestic partner), as de9 termined under subparagraph (B); and 

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

11 this subsection to any other former spouse (or 

12 former domestic partner) of the employee, Member, 

13 or annuitant, based on an election previously made 

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

15 issued. 

16 ‘‘(B) The applicable amount, for purposes of sub17 paragraph (A)(i) in the case of a former spouse (or former 

18 domestic partner), is the amount which would be applica19 ble— 

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

21 widow or widower (or surviving partner), if the de22 ceased was an employee or Member who died after 

23 retirement; 

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

25 in the case of a widow or widower (or surviving partVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6401 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
40 

•S 1910 RS

1 ner), if the deceased was an employee or Member de2 scribed in the first sentence of such subsection; or 

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

4 in the case of a surviving spouse (or surviving do5 mestic partner), if the deceased was a Member de6 scribed in the first sentence of such subsection. 

7 ‘‘(3) The commencement and termination of an annu8 ity payable under this subsection shall be governed by the 

9 terms of the applicable order, decree, agreement, or elec10 tion, as the case may be, except that any such annuity— 

11 ‘‘(A) shall not commence before— 

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

13 or annuitant dies; or 

14 ‘‘(ii) the first day of the second month be15 ginning after the date on which the Office re16 ceives written notice of the order, decree, agree17 ment, or election, as the case may be, together 

18 with such additional information or documenta19 tion as the Office may prescribe, 

20 whichever is later, and 

21 ‘‘(B) shall terminate— 

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

23 in the case of an annuity computed by reference 

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

25 later than the last day of the month before the 


pwalker on DSK7TPTVN1PROD with 
41 

•S 1910 RS

1 former spouse remarries (or enters into a do2 mestic partnership) (or former domestic partner 

3 enters into a subsequent domestic partnership 

4 or marries) before becoming 55 years of age or 

5 dies; or 

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

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

8 later than the last day of the month before the 

9 former spouse remarries (or enters into a do10 mestic partnership) or dies (or the former do11 mestic partner enters into a subsequent domes12 tic partnership or marries or dies). 

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

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

15 paragraph (1) shall not be effective— 

16 ‘‘(A) if such modification is made after the re17 tirement or death of the employee or Member con18 cerned, and 

19 ‘‘(B) to the extent that such modification in20 volves an annuity under this subsection. 

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

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

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

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

25 any joint designation or waiver previously executed with 


pwalker on DSK7TPTVN1PROD with 
42 

•S 1910 RS

1 respect to such former spouse (or former domestic part2 ner) under section 8339(j)(1) or a similar prior provision 

3 of law. 

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

5 bars recovery by any other person. 

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

7 court of any State, the District of Columbia, the Common8 wealth of Puerto Rico, Guam, the Northern Mariana Is9 lands, or the Virgin Islands, and any Indian court.’’; 

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

11 following: 

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

13 (a)(2)(A), and (a)(5)(A) that the surviving spouse (or sur14 viving domestic partner) of an employee or Member have 

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

16 employee or Member for at least 9 months immediately 

17 before the employee’s or Member’s death in order to qual18 ify as the widow or widower (or surviving partner) of such 

19 employee or Member shall be deemed satisfied in any case 

20 in which the employee or Member dies within the applica21 ble 9-month period, if— 

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

23 accidental; or 

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

25 partner) of such individual had been previously marVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6401 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
43 

•S 1910 RS

1 ried to (or in a domestic partnership with) the indi2 vidual that was subsequently dissolved (or termi3 nated), and the aggregate time married (or in a do4 mestic partnership) is at least 9 months.’’; and 

5 (9) by redesignating subsection (k) as sub6 section (j) and amending such subsection to read as 

7 follows: 

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

9 (h)(3)(B)(i), to the extent that they provide for termi10 nation of a survivor annuity because of a subsequent entry 

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

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

13 was married to (or the surviving partner or former domes14 tic partner was in a domestic partnership with) the indi15 vidual on whose service the survivor annuity is based for 

16 at least 30 years. 

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

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

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

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

21 which the Director of the Office of Personnel Management 

22 may by regulation identify in order to carry out the pur23 poses of this subsection.’’. 


pwalker on DSK7TPTVN1PROD with 
44 

•S 1910 RS

1 SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE2 FICIARY; ORDER OF PRECEDENCE. 

3 Section 8342 is amended— 

4 (1) in subsection (c)— 

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

6 after ‘‘widow or widower’’; and 

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

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

9 which child is not adopted by or otherwise a 

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

11 (2) in subsection (j)— 

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

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

14 spouse, if any’’; 

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

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

17 (C) by inserting ‘‘(or former domestic part18 ner)’’ after ‘‘former spouse’’ each place it ap19 pears. 

20 SEC. 207. ALTERNATIVE FORMS OF ANNUITIES. 

21 Section 8343a is amended— 

22 (1) in subsection (b)(2)— 

23 (A) (in the material before subparagraph 

24 (A)), by inserting ‘‘(or in a domestic partner25 ship)’’ after ‘‘married’’; and 


pwalker on DSK7TPTVN1PROD with 
45 

•S 1910 RS

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

2 surviving domestic partner)’’ after ‘‘surviving 

3 spouse’’; 

4 (2) in subsection (d)— 

5 (A) in paragraph (1), by striking ‘‘mar6 ried,’’ each place it appears and inserting ‘‘mar7 ried (or in a domestic partnership),’’; and 

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

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

10 former domestic partner),’’; and 

11 (3) in subsection (e), by inserting ‘‘(or in a do12 mestic partnership)’’ after ‘‘married’’. 

13 SEC. 208. ADMINISTRATION; REGULATIONS. 

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

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

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

17 (and former domestic partners)’’. 

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

19 Section 8351(b)(5) is amended— 

20 (1) in subparagraphs (A), (B), and (C), by in21 serting ‘‘(or domestic partner)’’ after ‘‘spouse’’ each 

22 place it appears; 

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

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


pwalker on DSK7TPTVN1PROD with 
46 

•S 1910 RS

1 Member who is married (or in a domestic partner2 ship)’’; and 

3 (3) in subparagraph (D), by inserting ‘‘(or do4 mestic partner or former domestic partner)’’ after 

5 ‘‘spouse or former spouse’’. 

6 TITLE III—FEDERAL EMPLOY7 EES’ RETIREMENT SYSTEM 

8 Subtitle A—General Provisions 

9 SEC. 301. DEFINITIONS. 

10 Section 8401 is amended— 

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

12 end; 

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

14 the end and inserting a semicolon; and 

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

16 ‘‘(37) ‘domestic partner’ and ‘domestic partner17 ship’ have the meanings given under section 2501; 

18 and 

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

20 domestic partner of an individual— 

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

22 18 months of civilian service creditable under 

23 section 8411 as an employee or Member; and 


pwalker on DSK7TPTVN1PROD with 
47 

•S 1910 RS

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

2 a domestic partnership with such individual for 

3 at least 9 months.’’. 

4 Subtitle B—Creditable Service 

5 SEC. 311. CREDITABLE SERVICE. 

6 Section 8411 is amended— 

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

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

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

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

11 (3) in subsection (l)(5), by inserting ‘‘(or do12 mestic partner)’’ after ‘‘spouse’’ each place it ap13 pears. 

14 SEC. 312. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 

15 OR A CURRENT DOMESTIC PARTNER. 

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

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

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

19 (2) in subsection (a)— 

20 (A) by inserting ‘‘(or in a domestic part21 nership)’’ after ‘‘married’’ each place it ap22 pears; 

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

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


pwalker on DSK7TPTVN1PROD with 
48 

•S 1910 RS

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

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

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

4 following: 

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

6 subsequent domestic partnership), a retired employee or 

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

8 at the time of retirement, including an employee or Mem9 ber whose annuity was not reduced to provide a survivor 

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

11 spouse (or domestic partner or former domestic partner) 

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

13 such marriage (or domestic partnership), in a signed writ14 ing received by the Office— 

15 ‘‘(A) within 2 years after such entry into a sub16 sequent marriage (or domestic partnership); or 

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

18 ‘‘(i) the death of or entry into a subse19 quent marriage (or domestic partnership) by 

20 any former spouse (or former domestic partner) 

21 of such employee or Member who was entitled 

22 to a survivor annuity under section 8445, or 

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

24 former spouse (or surviving former domestic 

25 partner), the death of or entry into a subseVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6401 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
49 

•S 1910 RS

1 quent marriage (or domestic partnership) by 

2 the last such surviving former spouse (or sur3 viving former domestic partner), 

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

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

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

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

8 domestic partner) survives the employee or Member. 

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

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

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

12 of the subsequent marriage (or entry into the subsequent 

13 domestic partnership). 

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

15 individual under this subsection— 

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

17 by the employee or Member under section 8420 with 

18 respect to such individual; or 

19 ‘‘(B) shall, if an election was made by the em20 ployee or Member under section 8420 with respect 

21 to a different individual, prospectively void such elec22 tion if appropriate written application is made by 

23 such employee or Member at the time of making the 

24 election under this subsection. 


pwalker on DSK7TPTVN1PROD with 
50 

•S 1910 RS

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

2 employee or Member on behalf of an individual after the 

3 retirement of such employee or Member shall not be effec4 tive if— 

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

6 (or in a domestic partnership with) such individual 

7 at the time of retirement; and 

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

9 on the service of such employee or Member were 

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

11 (4) in subsection (c)— 

12 (A) by striking the matter before para13 graph (2) and inserting the following: 

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

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

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

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

18 writing received by the Office— 

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

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

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

23 ‘‘(i) the death of or entry into a subse24 quent remarriage (or entry into a subsequent 

25 domestic partnership or a marriage by any 


pwalker on DSK7TPTVN1PROD with 
51 

•S 1910 RS

1 former domestic partner) by of any former 

2 spouse (or domestic partner) of such employee 

3 or Member who was entitled to a survivor annu4 ity under section 8445, 

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

6 spouse (or surviving former domestic partner), 

7 the death of or entry into a subsequent mar8 riage (or domestic partnership) by the last such 

9 surviving former spouse (or surviving former 

10 domestic partner), 

11 a reduction in the current annuity of the retired em12 ployee or Member, in accordance with section 

13 8419(a).’’; and 

14 (B) in paragraph (2), by striking ‘‘mar15 riage.’’ and inserting ‘‘marriage (or domestic 

16 partnership).’’; and 

17 (5) in subsection (d)(1)— 

18 (A) by inserting ‘‘(or in a domestic part19 nership)’’ after ‘‘married’’; and 

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

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

22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

25 section 8416 and inserting the following: 

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


pwalker on DSK7TPTVN1PROD with 
52 

•S 1910 RS

1 SEC. 313. SURVIVOR REDUCTION FOR A FORMER SPOUSE 

2 OR FORMER DOMESTIC PARTNER. 

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

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

5 former domestic partner)’’ after ‘‘former 

6 spouse’’; 

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

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

9 (3) in subsection (b)— 

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

11 former domestic partner)’’ after ‘‘former 

12 spouse’’ each place it appears; 

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

14 follows: 

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

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

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

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

19 marriage of the former spouse to the employee or Member 

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

21 domestic partner with the employee or Member is so ter22 minated).’’; and 

23 (C) in paragraph (3)— 

24 (i) in subparagraph (A)(ii), by insert25 ing ‘‘(or a surviving partner)’’ after ‘‘a 

26 widow or widower’’; and 


pwalker on DSK7TPTVN1PROD with 
53 

•S 1910 RS

1 (ii) by amending subparagraph (B) to 

2 read as follows: 

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

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

5 domestic partnership), unless it is made with the 

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

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

10 section 8417 and inserting the following: 

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

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

12 Section 8418(b) is amended— 

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

14 after ‘‘marriage’’; and 

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

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

17 SEC. 315. SURVIVOR REDUCTIONS; COMPUTATION. 

18 Section 8419 is amended— 

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

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

21 (2) by amending subsection (b) to read as fol22 lows: 

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

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


pwalker on DSK7TPTVN1PROD with 
54 

•S 1910 RS

1 current domestic partner) of a retired employee or Mem2 ber shall be terminated for each full month— 

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

4 partner); or 

5 ‘‘(B) after the dissolution of the spouse’s mar6 riage to (or the termination of the domestic part7 ner’s domestic partnership with) the employee or 

8 Member, except that an appropriate reduction shall 

9 be made thereafter if the spouse (or domestic part10 ner) is entitled, as a former spouse (or former do11 mestic partner), to a survivor annuity under section 

12 8445. 

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

14 providing a survivor annuity for a former spouse (or 

15 former domestic partner) of a retired employee or Member 

16 shall be terminated for each full month after the former 

17 spouse remarries (or enters into a domestic partnership) 

18 (or the former domestic partner enters into a subsequent 

19 domestic partnership or marries) before reaching age 55 

20 or dies. This reduction shall be replaced by appropriate 

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

22 Member has— 

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

24 partner) who is entitled to a survivor annuity under 

25 section 8445; 


pwalker on DSK7TPTVN1PROD with 
55 

•S 1910 RS

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

2 Member was married (or a current domestic partner 

3 with whom the employee or Member was in a domes4 tic partnership) at the time of retirement and with 

5 respect to whom a survivor annuity was not waived 

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

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

8 made; or 

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

10 Member married (or current domestic partner with 

11 whom the employee or Member entered into a do12 mestic partnership) after retirement and with re13 spect to whom an election has been made under sub14 section (b) or (c) of section 8416.’’. 

15 SEC. 316. INSURABLE INTEREST REDUCTIONS. 

16 Section 8420 is amended— 

17 (1) in subsection (b)(1)— 

18 (A) by striking ‘‘married employee or 

19 Member’’ and inserting ‘‘employee or Member 

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

21 and 

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

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

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

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


pwalker on DSK7TPTVN1PROD with 
56 

•S 1910 RS

1 SEC. 317. ALTERNATIVE FORMS OF ANNUITIES. 

2 Section 8420a is amended— 

3 (1) in subsection (b)(2)— 

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

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

6 after ‘‘married’’; and 

7 (B) in subparagraph (B), by striking ‘‘sur8 viving spouse.’’ inserting ‘‘surviving spouse (or 

9 surviving domestic partner).’’; 

10 (2) in subsection (d)— 

11 (A) in paragraph (1), by striking ‘‘mar12 ried,’’ inserting ‘‘married (or in a domestic 

13 partnership),’’ and 

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

15 former domestic partner)’’ after ‘‘former 

16 spouse’’ each place it appears; and 

17 (3) in subsection (e), by inserting ‘‘(or in a do18 mestic partnership)’’ after ‘‘married’’. 

19 SEC. 318. LUMP-SUM BENEFITS; DESIGNATION OF BENE20 FICIARY; ORDER OF PRECEDENCE. 

21 Section 8424 is amended— 

22 (1) in subsection (b)— 

23 (A) in paragraph (1)— 

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

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

26 spouse’’ and inserting ‘‘any spouse or 


pwalker on DSK7TPTVN1PROD with 
57 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
58 

•S 1910 RS

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 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6401 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
59 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
60 

•S 1910 RS

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; 


pwalker on DSK7TPTVN1PROD with 
61 

•S 1910 RS

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: 


pwalker on DSK7TPTVN1PROD with 
62 

•S 1910 RS

‘‘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 


pwalker on DSK7TPTVN1PROD with 
63 

•S 1910 RS

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)’’. 


pwalker on DSK7TPTVN1PROD with 
64 

•S 1910 RS

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)’’; 


pwalker on DSK7TPTVN1PROD with 
65 

•S 1910 RS

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)— 


pwalker on DSK7TPTVN1PROD with 
66 

•S 1910 RS

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)— 


pwalker on DSK7TPTVN1PROD with 
67 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
68 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
69 

•S 1910 RS

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).’’. 


pwalker on DSK7TPTVN1PROD with 
70 

•S 1910 RS

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’’. 


pwalker on DSK7TPTVN1PROD with 
71 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
72 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
73 

•S 1910 RS

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— 


pwalker on DSK7TPTVN1PROD with 
74 

•S 1910 RS

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, 


pwalker on DSK7TPTVN1PROD with 
75 

•S 1910 RS

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),’’. 


pwalker on DSK7TPTVN1PROD with 
76 

•S 1910 RS

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: 


pwalker on DSK7TPTVN1PROD with 
77 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
78 

•S 1910 RS

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)— 


pwalker on DSK7TPTVN1PROD with 
79 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
80 

•S 1910 RS

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 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6401 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
81 

•S 1910 RS

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. 


pwalker on DSK7TPTVN1PROD with 
82 

•S 1910 RS

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. 


pwalker on DSK7TPTVN1PROD with 
83 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
84 

•S 1910 RS

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; 


pwalker on DSK7TPTVN1PROD with 
85 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
86 

•S 1910 RS

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— 


pwalker on DSK7TPTVN1PROD with 
87 

•S 1910 RS

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; 


pwalker on DSK7TPTVN1PROD with 
88 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
89 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
90 

•S 1910 RS

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— 


pwalker on DSK7TPTVN1PROD with 
91 

•S 1910 RS

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); 


pwalker on DSK7TPTVN1PROD with 
92 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
93 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
94 

•S 1910 RS

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— 


pwalker on DSK7TPTVN1PROD with 
95 

•S 1910 RS

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),’’. 


pwalker on DSK7TPTVN1PROD with 
96 

•S 1910 RS

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 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6401 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
97 

•S 1910 RS

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. 


pwalker on DSK7TPTVN1PROD with 
98 

•S 1910 RS

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.— 


pwalker on DSK7TPTVN1PROD with 
99 

•S 1910 RS

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: 


pwalker on DSK7TPTVN1PROD with 
100 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
101 

•S 1910 RS

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.’’. 


pwalker on DSK7TPTVN1PROD with 
102 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
103 

•S 1910 RS

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;’’; 


pwalker on DSK7TPTVN1PROD with 
104 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
105 

•S 1910 RS

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— 


pwalker on DSK7TPTVN1PROD with 
106 

•S 1910 RS

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. 


pwalker on DSK7TPTVN1PROD with 
107 

•S 1910 RS

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)— 


pwalker on DSK7TPTVN1PROD with 
108 

•S 1910 RS

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 

25 self-supporting because of a physical or mental disVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6401 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
109 

•S 1910 RS

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)— 


pwalker on DSK7TPTVN1PROD with 
110 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
111 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
112 

•S 1910 RS

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; 


pwalker on DSK7TPTVN1PROD with 
113 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
114 

•S 1910 RS

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 


pwalker on DSK7TPTVN1PROD with 
115 

•S 1910 RS

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’’. 


pwalker on DSK7TPTVN1PROD with 
116 

•S 1910 RS

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— 


pwalker on DSK7TPTVN1PROD with 
117 

•S 1910 RS

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. 


pwalker on DSK7TPTVN1PROD with 
118 

•S 1910 RS

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’’. 

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

7 CONTENTS. 

8 (a) SHORT TITLE.—This Act may be cited as the ‘‘Do9 mestic Partnership Benefits and Obligations Act of 2012’’. 

10 (b) REFERENCES.—Except as otherwise expressly pro11 vided, whenever in this Act an amendment or repeal is ex12 pressed in terms of an amendment to, or a repeal of, a sec13 tion or other provision, the reference shall be considered to 

14 be made to a section or other provision of title 5, United 

15 States Code. 

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

17 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. 


pwalker on DSK7TPTVN1PROD with 
119 

•S 1910 RS

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. 

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. 


pwalker on DSK7TPTVN1PROD with 
120 

•S 1910 RS

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 

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. 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 are 

5 the same as the employment benefits and obligations that 

6 apply under existing statutes to married Federal employees 

7 and to their spouses. 


pwalker on DSK7TPTVN1PROD with 
121 

•S 1910 RS

1 TITLE I—ESTABLISHMENT AND 

2 TERMINATION OF DOMESTIC 

3 PARTNERSHIPS; OTHER GEN4 ERAL PROVISIONS 

5 SEC. 101. FEDERAL EMPLOYEES IN DOMESTIC PARTNER6 SHIPS. 

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

8 by inserting after section 2305 the following: 

9 ‘‘CHAPTER 25—FEDERAL EMPLOYEES IN 

10 DOMESTIC PARTNERSHIPS 

‘‘Sec. 

‘‘2501. Definitions. 

‘‘2502. Establishment and termination of domestic partnerships. 

11 ‘‘§ 2501. Definitions 

12 ‘‘In this chapter— 

13 ‘‘(1) the term ‘annuitant’ means— 

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

15 8331, 8401, or 8901(3)(A); and 

16 ‘‘(B) as determined under regulations pre17 scribed by the President or a designee of the 

18 President, any other individual who is entitled 

19 to benefits (based on the service of such indi20 vidual) under a retirement system for employees 

21 of the Government; 

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

23 Office of Personnel Management; 


pwalker on DSK7TPTVN1PROD with 
122 

•S 1910 RS

1 ‘‘(3) the term ‘domestic partner’ means either of 

2 the individuals in a domestic partnership; 

3 ‘‘(4) the term ‘domestic partnership’ means a re4 lationship between 2 individuals of the same sex, at 

5 least 1 of whom is an employee, former employee, or 

6 annuitant, that has been established under section 

7 2502(a) and not terminated under section 2502(b); 

8 and 

9 ‘‘(5) the term ‘employee’ means— 

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

11 2105, including an employee referred to in sub12 section (c) or (e) of that section; 

13 ‘‘(B) a Member of Congress; 

14 ‘‘(C) the President; 

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

16 defined under section 8331, 8401, 8701, 8901, or 

17 9001; or 

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

19 by the Government and is included within this 

20 definition under regulations prescribed by the 

21 President or a designee of the President. 

22 ‘‘§ 2502. Establishment and termination of domestic 

23 partnerships 

24 ‘‘(a) ESTABLISHMENT OF DOMESTIC PARTNERSHIP.— 


pwalker on DSK7TPTVN1PROD with 
123 

•S 1910 RS

1 ‘‘(1) An employee, former employee, or annu2 itant and another individual (who may also be an 

3 employee, former employee, or annuitant) may estab4 lish a domestic partnership as provided in this sec5 tion for the purposes of the provisions of law to which 

6 this chapter applies. 

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

8 individuals referred to in paragraph (1) shall jointly 

9 execute, and the employee, former employee, or annu10 itant shall file, an affidavit in such form and filed in 

11 such manner as the Director shall by regulation pre12 scribe. 

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

14 (2), each of the individuals shall attest to the fol15 lowing: 

16 ‘‘(A)(i) The individuals are of the same sex; 

17 and 

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

19 an employee, former employee, or annuitant. 

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

21 domestic-partnership relationship with each 

22 other satisfying the conditions in clauses (ii), 

23 (iii), and (iv) and intend to remain so indefi24 nitely. 


pwalker on DSK7TPTVN1PROD with 
124 

•S 1910 RS

1 ‘‘(ii) The individuals have a common resi2 dence and intend to continue to do so (or would 

3 have a common residence, but are prevented from 

4 doing so because of an assignment abroad or 

5 other employment-related factors, financial con6 siderations, family responsibilities, or other 

7 similar reason (which shall be specifically identi8 fied in the affidavit)). 

9 ‘‘(iii) The individuals share responsibility 

10 for a significant measure of each other’s welfare 

11 and financial obligations. 

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

13 a domestic partnership with anyone except each 

14 other. 

15 ‘‘(C) Each individual is at least 18 years of 

16 age and mentally competent to consent to a con17 tract. 

18 ‘‘(D) The individuals are not related to each 

19 other by blood in a way that would prohibit 

20 legal marriage between individuals otherwise eli21 gible to marry in the jurisdiction (or, if applica22 ble, in any jurisdiction) in which the individuals 

23 have a common residence. 

24 ‘‘(E) Each of the individuals understands 

25 that— 


pwalker on DSK7TPTVN1PROD with 
125 

•S 1910 RS

1 ‘‘(i) as a domestic partner, each indi2 vidual not only gains certain benefits, but 

3 also assumes certain obligations, as set forth 

4 in the provision of law to which this chap5 ter applies, the violation of which may lead 

6 to disciplinary action against an employee 

7 and to criminal and other penalties; 

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

9 partners are required to file notification 

10 under subsection (b)(2) terminating the do11 mestic partnership within 30 days after 

12 any condition under clause (ii), (iii), or 

13 (iv) of subparagraph (B) ceases to be satis14 fied, and, if 1 domestic partner dies, the 

15 other is required to file a notification under 

16 subsection (b)(3) within 30 days after the 

17 death; and 

18 ‘‘(iii) willful falsification of informa19 tion in the affidavit, or willful failure to 

20 file notification as required under sub21 section (b)(2) or (3), may lead to recovery 

22 of amounts obtained as a result of such fal23 sification or failure, disciplinary action 

24 against an employee, and criminal or other 

25 penalties. 


pwalker on DSK7TPTVN1PROD with 
126 

•S 1910 RS

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

2 ‘‘(1) A domestic partnership is terminated 

3 upon— 

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

5 ‘‘(B) the filing of a notification under para6 graph (2) by either or both domestic partners; or 

7 ‘‘(C) the satisfaction of such other condi8 tions as the Director may by regulation pre9 scribe. 

10 ‘‘(2)(A) If any condition referred to under clause 

11 (ii), (iii), or (iv) of subsection (a)(3)(B) ceases to be 

12 satisfied, either or both of the domestic partners shall, 

13 within 30 days after the condition ceases to be satis14 fied, execute and file a notification, in such form and 

15 in such manner as prescribed by the Director in regu16 lation, stating that the condition is no longer satisfied 

17 and that the domestic partnership is terminated. 

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

19 notification under subparagraph (A) be timely filed, 

20 but the duty of 1 domestic partner shall be satisfied 

21 if the other domestic partner timely executes and files 

22 the required notification. 

23 ‘‘(C) The Director shall promulgate regulations 

24 establishing the criteria for determining when any 


pwalker on DSK7TPTVN1PROD with 
127 

•S 1910 RS

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

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

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

4 domestic partner shall, within 30 days after the 

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

6 such form and in such manner as prescribed by the 

7 Director in regulation. 

8 ‘‘(c) EFFECTIVENESS OF THE FILING OF AN AFFI9 DAVIT.— 

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

11 (a)(2) shall not be effective for purposes of this section 

12 unless the filing individual is an employee, former 

13 employee, or annuitant as of the time of the filing. 

14 ‘‘(2) No individual shall, for purposes of the pro15 visions of law to which this chapter applies, be treat16 ed as being in a domestic partnership— 

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

18 accordance with this section and with regula19 tions prescribed by the Director; or 

20 ‘‘(B) after the earlier of— 

21 ‘‘(i) the date of the death of either indi22 vidual; or 

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

24 partnership is otherwise terminated, as deVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
128 

•S 1910 RS

1 termined under regulations prescribed by 

2 the Director. 

3 ‘‘(d) ADDITIONAL NOTIFICATIONS TO GOVERNMENT

4 EMPLOYER.—A domestic partner employed by an entity of 

5 the United States shall provide such notifications to the em6 ploying entity of the formation, existence, or termination 

7 of the domestic partnership, in addition to the filings re8 quired under subsections (a) and (b), as may be required, 

9 and in such form and in such manner as prescribed, by 

10 the Director in regulation. 

11 ‘‘(e) APPLICABILITY.— 

12 ‘‘(1) This section applies for purposes of the pro13 visions of this title (excluding chapter 81). 

14 ‘‘(2) Two individuals determined under section 

15 8101(21) or 8171(e)(1)(A) to be domestic partners for 

16 purposes of chapter 81 shall be deemed to be domestic 

17 partners in a domestic partnership, as defined under 

18 section 2501, for purposes of any provision of law to 

19 which that definition applies. 

20 ‘‘(3) Under regulations prescribed by the Presi21 dent, the Secretary of Labor shall inform the Director 

22 of any individuals determined under section 8101(21) 

23 or 8171(e)(1)(A) to be domestic partners. 

24 ‘‘(f) REGULATIONS.—The Director shall issue regula25 tions to carry out subsection (a) through (d).’’. 


pwalker on DSK7TPTVN1PROD with 
129 

•S 1910 RS

1 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

2 table of chapters for part III of title 5, United States Code, 

3 is amended by inserting after the item relating to chapter 

4 23 the following: 

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

5 SEC. 102. GUIDANCE AND EDUCATIONAL MATERIALS. 

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

7 authority to develop and issue guidance and educational 

8 materials with respect to benefits and obligations estab9 lished under the amendments made by this Act and the 

10 measures taken under section 103 shall issue the mate11 rials— 

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

13 (2) if in the executive branch, under the coordi14 nation of the Director of the Office of Personnel Man15 agement. 

16 (b) OFFICE OF PERSONNEL MANAGEMENT.—The Di17 rector of the Office of Personnel Management shall, to the 

18 greatest extent practicable— 

19 (1) compile the materials referred to under sub20 section (a); 

21 (2) prepare and issue guidance and educational 

22 materials with respect to benefits and obligations 

23 available to domestic partners of certain Secret Serv24 ice and Park Police Officers who are covered under 

25 the DC Police Officers’ and Firefighters’ Retirement 


pwalker on DSK7TPTVN1PROD with 
130 

•S 1910 RS

1 Plan, and include that guidance documentation in 

2 the compilation under paragraph (1); and 

3 (3) ensure that such materials are readily avail4 able to employees and their domestic partners, both in 

5 print form and by publicly accessible website. 

6 (c) TIMELINESS.—To the maximum extent practicable, 

7 the materials shall be— 

8 (1) prepared and made readily available not 

9 later than 30 days before the effective date of this Act; 

10 and 

11 (2) updated as necessary. 

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

13 on the date of enactment of this Act. 

14 SEC. 103. REVIEW OF PROGRAMS UNDER WHICH EMPLOY15 MENT BENEFITS AND OBLIGATIONS ARE ES16 TABLISHED. 

17 (a) DEFINITIONS.—In this section— 

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

19 privilege, immunity, or protection, whether sub20 stantive, procedural, remedial, or otherwise; 

21 (2) the term ‘‘domestic partner’’ means either of 

22 the individuals in a domestic partnership; 

23 (3) the term ‘‘domestic partnership’’ means a re24 lationship between 2 individuals— 

25 (A) who are of the same sex; 


pwalker on DSK7TPTVN1PROD with 
131 

•S 1910 RS

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

2 (C)(i) who are in a committed domestic3 partnership relationship with each other satis4 fying the conditions in clauses (ii), (iii), and 

5 (iv) and intend to remain so indefinitely; 

6 (ii) who have a common residence and in7 tend to continue to do so (or would have a com8 mon residence, but are prevented from doing so 

9 because of such reasons as an assignment abroad 

10 or other employment-related factors, financial 

11 considerations, family responsibilities, or other 

12 such reasons); 

13 (iii) who share responsibility for a signifi14 cant measure of each other’s welfare and finan15 cial obligations; and 

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

17 domestic partnership with anyone except each 

18 other; 

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

20 age and mentally competent to consent to a con21 tract; and 

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

23 blood in a way that would prohibit legal mar24 riage between individuals otherwise eligible to 

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


pwalker on DSK7TPTVN1PROD with 
132 

•S 1910 RS

1 any jurisdiction) in which the individuals have 

2 a common residence; and 

3 (4) the term ‘‘employee’’ means— 

4 (A) an employee as defined under section 

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

6 section 101 of this Act; 

7 (B) a member of the commissioned corps of 

8 the Public Health Service or of the commissioned 

9 corps of the National Oceanic and Atmospheric 

10 Administration; or 

11 (C) any other individual performing per12 sonal service to the Government (including an 

13 instrumentality wholly owned by the United 

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

15 a volunteer, who is not performing such service 

16 as an employee of any employer other than the 

17 Government or as a member of the Armed 

18 Forces; and 

19 (5) the term ‘‘obligation’’ includes any duty, dis20 ability, or liability, whether substantive, procedural, 

21 remedial, or otherwise. 

22 (b) REVIEWS, ADDITIONAL MEASURES, RECOMMENDA23 TIONS, AND REPORTS TO CONGRESS.—Not later than 180 

24 days after the date of enactment of this Act, and not less 


pwalker on DSK7TPTVN1PROD with 
133 

•S 1910 RS

1 frequently than once every 2 years thereafter, the President 

2 and designees of the President shall— 

3 (1) conduct a review of the employment benefits 

4 and of the employment obligations applied to married 

5 employees and their spouses to determine what au6 thority exists for the President and designees of the 

7 President to apply such benefits and obligations to 

8 employees who have domestic partners and the domes9 tic partners of those employees; 

10 (2) include within the review under paragraph 

11 (1) all employment benefits and obligations under 

12 regulations prescribed by the President or a designee 

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

14 agency or department of the executive branch; 

15 (3) take any additional measures that can be 

16 taken, to the greatest extent practicable and consistent 

17 with law, to apply such benefits and obligations to 

18 employees with domestic partners and the domestic 

19 partners of those employees; 

20 (4) develop recommendations for any legislation 

21 to further apply such benefits and obligations to em22 ployees with domestic partners and the domestic part23 ners of those employees; and 


pwalker on DSK7TPTVN1PROD with 
134 

•S 1910 RS

1 (5) submit a report to Congress summarizing the 

2 review, determinations, and recommendations under 

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

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

5 on the date of enactment of this Act. 

6 SEC. 104. EFFECTIVE DATE. 

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

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

9 take effect 180 days after the date of enactment of this Act. 

10 (b) APPLICATION TO CURRENT AND FUTURE EMPLOY11 EES.—An employee, former employee, or annuitant shall 

12 be eligible to establish a domestic partnership by filing an 

13 affidavit under section 2502(a)(2) of title 5, United States 

14 Code, as added by section 101 of this Act, only if the em15 ployee, former employee, or annuitant is or has been em16 ployed as an employee on or after the effective date of this 

17 Act. 

18 TITLE II—CIVIL SERVICE 

19 RETIREMENT SYSTEM 

20 SEC. 201. DEFINITIONS. 

21 Section 8331 is amended— 

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

23 end; 

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

25 and inserting a semicolon; and 


pwalker on DSK7TPTVN1PROD with 
135 

•S 1910 RS

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

2 ‘‘(32) ‘domestic partner’ and ‘domestic partner3 ship’ have the meanings given under section 2501; 

4 and 

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

6 domestic partner of an individual— 

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

8 18 months of civilian service covered under this 

9 subchapter as an employee or Member; and 

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

11 a domestic partnership with such individual for 

12 at least 9 months.’’. 

13 SEC. 202. CREDITABLE SERVICE. 

14 Section 8332 is amended— 

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

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

17 former domestic partner).’’; and 

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

19 by striking ‘‘spouse’’ each place it appears and insert20 ing ‘‘spouse (or domestic partner),’’. 

21 SEC. 203. COMPUTATION OF ANNUITY. 

22 Section 8339 is amended— 

23 (1) in subsection (j)— 

24 (A) in paragraph (1)— 


pwalker on DSK7TPTVN1PROD with 
136 

•S 1910 RS

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

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

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

6 (iii) by inserting ‘‘(or domestic part7 ner’s)’’ after ‘‘the spouse’s’’ each place it ap8 pears; 

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

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

11 each place it appears; 

12 (C) in paragraph (3)— 

13 (i) in the first sentence— 

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

16 each place it appears; and 

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

18 domestic partnership with)’’ after 

19 ‘‘based on marriage to’’; 

20 (ii) in the second sentence— 

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

22 partnership of the former domestic 

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

24 the former spouse to’’; and 


pwalker on DSK7TPTVN1PROD with 
137 

•S 1910 RS

1 (II) by striking ‘‘is dissolved,’’ 

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

4 (iii) in the sixth sentence, by striking 

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

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

7 (iv) in subparagraph (B)— 

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

9 and inserting ‘‘is then married (or is 

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

11 (II) by striking ‘‘the spouse’s 

12 written consent.’’ and inserting ‘‘the 

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

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

17 retired employee or Member whose annuity 

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

20 former domestic partner), an election to 

21 provide or increase a survivor annuity for 

22 any other former spouse (or any other 

23 former domestic partner), and to continue 

24 an appropriate reduction for that purpose, 

25 may be made within the same period that, 


pwalker on DSK7TPTVN1PROD with 
138 

•S 1910 RS

1 and subject to the same conditions under 

2 which, an election could be made under 

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

4 current domestic partner), subject to the 

5 provisions of this paragraph relating to 

6 consent of a current spouse (or of a current 

7 domestic partner), if the retired employee or 

8 Member is then married (or in a domestic 

9 partnership).’’; and 

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

11 follows: 

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

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

14 the current domestic partner) of a retired employee or Mem15 ber shall be terminated for each full month— 

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

17 partner); or 

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

19 spouse (or the termination of the domestic partner20 ship of the domestic partner) to the employee or Mem21 ber, 

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

24 former spouse (or former domestic partner), to a survivor 

25 annuity under section 8341(h). 


pwalker on DSK7TPTVN1PROD with 
139 

•S 1910 RS

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

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

3 former domestic partner) of a retired employee or Member 

4 shall be terminated for each full month after the former 

5 spouse remarries (or enters into a domestic partnership) (or 

6 the former domestic partner enters into a subsequent domes7 tic partnership or marries) before reaching age 55 or dies. 

8 This reduction shall be replaced by an appropriate reduc9 tion or reductions under paragraph (4) if the retired em10 ployee or Member has (i) another former spouse (or another 

11 former domestic partner) who is entitled to a survivor an12 nuity under section 8341(h), (ii) a current spouse to whom 

13 the employee or Member was married (or a current domestic 

14 partner with whom the employee or Member was in a do15 mestic partnership) at the time of retirement and with re16 spect to whom a survivor annuity was not jointly waived 

17 under paragraph (1), or (iii) a current spouse whom the 

18 employee or Member married (or a current domestic part19 ner with whom the employee or Member entered into domes20 tic partnership) after retirement and with respect to whom 

21 an election has been made under subparagraph (C) or sub22 section (k)(2). 

23 ‘‘(C)(i) Upon entry into a subsequent marriage (or do24 mestic partnership), a retired employee or Member who was 

25 married (or in a domestic partnership) at the time of retireVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
140 

•S 1910 RS

1 ment, including an employee or Member whose annuity was 

2 not reduced to provide a survivor annuity for the employee’s 

3 or Member’s spouse or former spouse (or domestic partner 

4 or former domestic partner) as of the time of retirement, 

5 may irrevocably elect during such marriage (or domestic 

6 partnership), in a signed writing received by the Office— 

7 ‘‘(I) within 2 years after such entry into a subse8 quent marriage (or domestic partnership); or 

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

10 ‘‘(aa) the death of or entry into a subse11 quent marriage (or domestic partnership) by any 

12 former spouse (or former domestic partner) of 

13 such employee or Member who was entitled to a 

14 survivor annuity under section 8341(h); or 

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

16 former spouse (or surviving former domestic 

17 partner), the death of or entry into a subsequent 

18 marriage (or domestic partnership) by the last 

19 such surviving former spouse (or surviving 

20 former domestic partner), 

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

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

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

24 domestic partner) in the event such spouse (or domes25 tic partner) survives the employee or Member. 


pwalker on DSK7TPTVN1PROD with 
141 

•S 1910 RS

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

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

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

4 the subsequent marriage (or entry into the subsequent do5 mestic partnership), and the retired employee or Member 

6 shall deposit in the Fund an amount determined by the Of7 fice of Personnel Management, as nearly as may be admin8 istratively feasible, to reflect the amount by which the annu9 ity of such retired employee or Member would have been 

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

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

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

14 the purposes of the preceding sentence, the annual rate of 

15 interest for each year during which an annuity would have 

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

17 the applicable date referred to in such sentence shall be 6 

18 percent. 

19 ‘‘(iii) The Office shall, by regulation, provide for pay20 ment of the deposit required under clause (ii) by a reduction 

21 in the annuity of the employee or Member. The reduction 

22 shall, to the extent practicable, be designed so that the 

23 present value of the future reduction is actuarially equiva24 lent to the deposit required under clause (ii), except that 

25 total reductions in the annuity of an employee or Member 


pwalker on DSK7TPTVN1PROD with 
142 

•S 1910 RS

1 to pay deposits required by the provisions of this paragraph 

2 or paragraph (3) shall not exceed 25 percent of the annuity 

3 computed under subsections (a) through (i), (n), (q), and 

4 (r), including adjustments under section 8340. The reduc5 tion required by this clause, which shall be effective on the 

6 same date as the election under clause (i), shall be perma7 nent and unaffected by any future dissolution of the mar8 riage (or termination of the domestic partnership). Such 

9 reduction shall be independent of and in addition to the 

10 reduction required under clause (i). 

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

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

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

15 a subsequent domestic partnership) if such spouse was mar16 ried to (or if such domestic partner was in a domestic part17 nership with) the employee or Member at the time of such 

18 employee’s or Member’s retirement, and all rights to sur19 vivor benefits for such spouse (or domestic partner) under 

20 this subchapter based on marriage (or domestic partner21 ship) to such employee or Member were then waived under 

22 paragraph (1) or a similar prior provision of law. 

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

24 person under this subparagraph— 


pwalker on DSK7TPTVN1PROD with 
143 

•S 1910 RS

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

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

3 with respect to such person; or 

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

6 respect to a different person, prospectively void such 

7 election if appropriate written application is made by 

8 such employee or Member at the time of making the 

9 election under this subparagraph. 

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

11 shall not apply if— 

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

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

15 ‘‘(II) the election under subsection (k)(1) becomes 

16 void under clause (v).’’; 

17 (2) in subsection (k)— 

18 (A) in paragraph (1)— 

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

20 Member’’ and inserting ‘‘an employee or 

21 Member who is married (or in a domestic 

22 partnership)’’; and 

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

25 (B) in paragraph (2)— 


pwalker on DSK7TPTVN1PROD with 
144 

•S 1910 RS

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

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

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

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

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

9 irrevocably elect, in a signed writing received in the Of10 fice— 

11 ‘‘(i) within 2 years after such employee or Mem12 ber marries (or enters into a domestic partnership); 

13 or 

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

15 ‘‘(I) the death of, or entry into a subsequent 

16 marriage (or domestic partnership) by, any 

17 former spouse (or former domestic partner) of 

18 such employee or Member who was entitled to a 

19 survivor annuity under section 8341(h); or 

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

21 former spouse (or surviving former domestic 

22 partner), the death of or entry into a subsequent 

23 marriage (or domestic partnership) by the last 

24 such surviving former spouse (or surviving 

25 former domestic partner), 


pwalker on DSK7TPTVN1PROD with 
145 

•S 1910 RS

1 a reduction in the retired employee or Member’s current an2 nuity as provided in subsection (j).’’; 

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

4 matter before subclause (I)), by striking 

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

6 entry into a domestic partnership).’’; 

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

9 after ‘‘married’’; and 

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

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

12 domestic partnership).’’; and 

13 (3) in subsection (o)(1)— 

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

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

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

17 (B) in subparagraph (A) (in the matter fol18 lowing clause (ii)), by inserting ‘‘(or domestic 

19 partner)’’ after ‘‘spouse’’. 

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

21 Section 8340 is amended— 

22 (1) in subsection (a)— 

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


pwalker on DSK7TPTVN1PROD with 
146 

•S 1910 RS

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

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

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

4 ‘‘(3) the terms ‘widow’, ‘widower’, and ‘surviving 

5 partner’ have the respective meanings given them 

6 under section 8341.’’; and 

7 (2) in subsection (c)(1)— 

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

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

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

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

13 deceased employee or Member, or to the widow, 

14 widower, or former spouse (or the surviving 

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

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

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

21 former domestic partner) or insurable interest 

22 designee’’. 

23 SEC. 205. SURVIVOR ANNUITIES. 

24 Section 8341 is amended— 

25 (1) in subsection (a)— 


pwalker on DSK7TPTVN1PROD with 
147 

•S 1910 RS

1 (A) by redesignating paragraphs (3) and 

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

3 (B) by inserting after paragraph (2) the fol4 lowing: 

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

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

8 such employee or Member for at least 9 months 

9 immediately before the death of such employee or 

10 Member; or 

11 ‘‘(B) satisfies such other requirements, re12 lated to parenthood and the domestic partner13 ship, as the Director of the Office of Personnel 

14 Management shall by regulation prescribe based 

15 on the definition of a widow or widower under 

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

17 and 

18 (C) in paragraph (5) (as so redesignated by 

19 subparagraph (A))— 

20 (i) in subparagraph (A)— 

21 (I) by striking ‘‘an unmarried de22 pendent child’’ and inserting ‘‘a de23 pendent child who is unmarried (and 

24 not in a domestic partnership) and’’; 


pwalker on DSK7TPTVN1PROD with 
148 

•S 1910 RS

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

2 ‘‘stepchild but only if the stepchild’’ 

3 and inserting ‘‘stepchild (or child of 

4 the domestic partner not adopted by or 

5 otherwise the child of the employee or 

6 Member) but only if the stepchild (or 

7 the child of the domestic partner)’’; 

8 and 

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

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

11 ‘‘the surviving spouse’’; and 

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

13 striking ‘‘unmarried dependent child’’ and 

14 inserting ‘‘dependent child who is unmar15 ried (and not in a domestic partnership)’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (1)— 

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

19 each place it appears and inserting ‘‘widow 

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

21 (ii) by striking ‘‘remarriage,’’ and in22 serting ‘‘remarriage (or entry into a subse23 quent domestic partnership)’’; 

24 (B) in paragraph (2)— 


pwalker on DSK7TPTVN1PROD with 
149 

•S 1910 RS

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

2 each place it appears and inserting ‘‘widow 

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

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

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

6 (C) in paragraph (3)— 

7 (i) in the matter before subparagraph 

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

9 after ‘‘spouse’’; 

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

11 each place it appears and inserting ‘‘widow 

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

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

14 ‘‘(or, in the case of a widow or widower, en15 ters into a domestic partnership) (or, in the 

16 case of a surviving partner, enters into a 

17 subsequent domestic partnership or mar18 ries)’’ after ‘‘remarries’’; and 

19 (D) in paragraph (4)— 

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

21 each place it appears and inserting ‘‘widow 

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

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

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

25 ‘‘former spouse’’; 


pwalker on DSK7TPTVN1PROD with 
150 

•S 1910 RS

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

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

7 and 

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

9 case of a widow or widower, enters into a domes10 tic partnership) (or, in the case of a surviving 

11 partner, enters into a subsequent domestic part12 nership or marries)’’ after ‘‘remarries’’; 

13 (4) in subsection (e)— 

14 (A) by striking the matter before paragraph 

15 (2) and inserting the following: 

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

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

18 spouse who was married to an employee or Member 

19 for less than 9 months and a former spouse of an em20 ployee or Member who completed less than 18 months 

21 of service covered by this subchapter; and 

22 ‘‘(B) the term ‘former domestic partner’ includes 

23 a former domestic partner who was in a domestic 

24 partnership with an employee or Member for less than 

25 9 months and a former domestic partner of an emVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
151 

•S 1910 RS

1 ployee or Member who completed less than 18 months 

2 of service covered by this subchapter.’’; 

3 (B) in paragraph (2), by striking ‘‘a spouse 

4 or a former spouse’’ each place it appears and 

5 inserting ‘‘a spouse or former spouse (or a do6 mestic partner or former domestic partner)’’; 

7 (C) in paragraph (3)— 

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

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

10 marries (or enters into a domestic partner11 ship);’’; and 

12 (ii) in the matter following subpara13 graph (E)— 

14 (I) by inserting ‘‘(or domestic 

15 partner or former domestic partner)’’ 

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

17 (II) by striking ‘‘spouse, former 

18 spouse, or child’’ and inserting ‘‘spouse 

19 or former spouse (or domestic partner 

20 or former domestic partner) or child,’’; 

21 and 

22 (D) in paragraph (4), by striking ‘‘mar23 riage, then, if such marriage’’ and inserting 

24 ‘‘marriage, then, if such marriage (or a domestic 


pwalker on DSK7TPTVN1PROD with 
152 

•S 1910 RS

1 partnership, then, if such domestic partner2 ship)’’; 

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

4 following: 

5 ‘‘(f) If a Member heretofore or hereafter separated from 

6 the service with title to deferred annuity from the Fund 

7 hereafter dies before having established a valid claim for 

8 annuity and is survived by a spouse to whom married (or 

9 a domestic partner to whom in a domestic partnership) at 

10 the date of separation, the surviving spouse (or surviving 

11 partner)— 

12 ‘‘(1) is entitled to an annuity equal to 55 per13 cent of the deferred annuity of the Member com14 mencing on the day after the Member dies and termi15 nating on the last day of the month before the sur16 viving spouse dies or remarries (or enters into a do17 mestic partnership) (or the surviving domestic part18 ner dies or enters into a subsequent domestic partner19 ship or marries); or 

20 ‘‘(2) may elect to receive the lump-sum credit in21 stead of annuity if the spouse (or domestic partner) 

22 is the individual who would be entitled to the lump23 sum credit and files application therefor with the Of24 fice before the award of the annuity. 


pwalker on DSK7TPTVN1PROD with 
153 

•S 1910 RS

1 Notwithstanding the preceding sentence, an annuity pay2 able under this subsection to the surviving spouse (or sur3 viving domestic partner) of a Member may not exceed the 

4 difference between— 

5 ‘‘(A) the annuity which would otherwise be pay6 able to such surviving spouse (or such surviving do7 mestic partner) under this subsection; and 

8 ‘‘(B) the amount of the survivor annuity payable 

9 to any former spouse (or any former domestic part10 ner) of such Member under subsection (h).’’; 

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

12 following: 

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

14 domestic partner) whose annuity under this section is ter15 minated because of a subsequent entry into a marriage (or 

16 domestic partnership) before becoming 55 years of age, an17 nuity at the same rate shall be restored commencing on the 

18 day the remarriage (or subsequent domestic partnership) is 

19 dissolved by death, annulment, or divorce (or terminated), 

20 if— 

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

22 partner) elects to receive this annuity instead of a 

23 survivor benefit to which he may be entitled, under 

24 this subchapter or another retirement system for GovVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
154 

•S 1910 RS

1 ernment employees, by reason of the subsequent entry 

2 into a marriage (or domestic partnership); and 

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

4 annuity is returned to the Fund.’’; 

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

6 following: 

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

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

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

10 separated from the service with title to a deferred annuity 

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

12 under this subsection, if and to the extent expressly provided 

13 for in an election under section 8339(j)(3), or in the terms 

14 of any decree of divorce or annulment or any court order 

15 or court-approved property settlement agreement incident 

16 to such decree. 

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

18 former domestic partner) under this subsection may not ex19 ceed the difference between— 

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

21 former spouse (or former domestic partner), as deter22 mined under subparagraph (B); and 

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

24 this subsection to any other former spouse (or former 

25 domestic partner) of the employee, Member, or annuVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
155 

•S 1910 RS

1 itant, based on an election previously made under sec2 tion 8339(j)(3), or a court order previously issued. 

3 ‘‘(B) The applicable amount, for purposes of subpara4 graph (A)(i) in the case of a former spouse (or former do5 mestic partner), is the amount which would be applicable— 

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

7 widow or widower (or surviving partner), if the de8 ceased was an employee or Member who died after re9 tirement; 

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

11 in the case of a widow or widower (or surviving part12 ner), if the deceased was an employee or Member de13 scribed in the first sentence of such subsection; or 

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

15 in the case of a surviving spouse (or surviving domes16 tic partner), if the deceased was a Member described 

17 in the first sentence of such subsection. 

18 ‘‘(3) The commencement and termination of an annu19 ity payable under this subsection shall be governed by the 

20 terms of the applicable order, decree, agreement, or election, 

21 as the case may be, except that any such annuity— 

22 ‘‘(A) shall not commence before— 

23 ‘‘(i) the day after the employee, Member, or 

24 annuitant dies; or 


pwalker on DSK7TPTVN1PROD with 
156 

•S 1910 RS

1 ‘‘(ii) the first day of the second month be2 ginning after the date on which the Office re3 ceives written notice of the order, decree, agree4 ment, or election, as the case may be, together 

5 with such additional information or documenta6 tion as the Office may prescribe, 

7 whichever is later, and 

8 ‘‘(B) shall terminate— 

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

10 the case of an annuity computed by reference to 

11 clause (i) or (ii) of paragraph (2)(B), no later 

12 than the last day of the month before the former 

13 spouse remarries (or enters into a domestic part14 nership) (or former domestic partner enters into 

15 a subsequent domestic partnership or marries) 

16 before becoming 55 years of age or dies; or 

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

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

19 later than the last day of the month before the 

20 former spouse remarries (or enters into a domes21 tic partnership) or dies (or the former domestic 

22 partner enters into a subsequent domestic part23 nership or marries or dies). 


pwalker on DSK7TPTVN1PROD with 
157 

•S 1910 RS

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

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

3 paragraph (1) shall not be effective— 

4 ‘‘(A) if such modification is made after the re5 tirement or death of the employee or Member con6 cerned, and 

7 ‘‘(B) to the extent that such modification in8 volves an annuity under this subsection. 

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

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

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

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

13 any joint designation or waiver previously executed with 

14 respect to such former spouse (or former domestic partner) 

15 under section 8339(j)(1) or a similar prior provision of law. 

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

17 bars recovery by any other person. 

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

19 court of any State, the District of Columbia, the Common20 wealth of Puerto Rico, Guam, the Northern Mariana Is21 lands, or the Virgin Islands, and any Indian court.’’; 

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

23 following: 

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

25 (a)(2)(A), and (a)(5)(A) that the surviving spouse (or surVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
158 

•S 1910 RS

1 viving domestic partner) of an employee or Member have 

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

3 employee or Member for at least 9 months immediately be4 fore the employee’s or Member’s death in order to qualify 

5 as the widow or widower (or surviving partner) of such em6 ployee or Member shall be deemed satisfied in any case in 

7 which the employee or Member dies within the applicable 

8 9-month period, if— 

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

10 accidental; or 

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

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

17 (9) by redesignating subsection (k) as subsection 

18 (j) and amending such subsection to read as follows: 

19 ‘‘(j)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i), 

20 to the extent that they provide for termination of a survivor 

21 annuity because of a subsequent entry into a marriage (or 

22 domestic partnership) before age 55, shall not apply if the 

23 widow, widower or former spouse was married to (or the 

24 surviving partner or former domestic partner was in a doVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
159 

•S 1910 RS

1 mestic partnership with) the individual on whose service 

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

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

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

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

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

7 which the Director of the Office of Personnel Management 

8 may by regulation identify in order to carry out the pur9 poses of this subsection.’’. 

10 SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE11 FICIARY; ORDER OF PRECEDENCE. 

12 Section 8342 is amended— 

13 (1) in subsection (c)— 

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

15 after ‘‘widow or widower’’; 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).’’; and 

20 (2) in subsection (j)— 

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

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

23 if any’’; 

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

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


pwalker on DSK7TPTVN1PROD with 
160 

•S 1910 RS

1 (C) by inserting ‘‘(or former domestic part2 ner)’’ after ‘‘former spouse’’ each place it ap3 pears. 

4 SEC. 207. ALTERNATIVE FORMS OF ANNUITIES. 

5 Section 8343a is amended— 

6 (1) in subsection (b)(2)— 

7 (A) (in the material before subparagraph 

8 (A)), by inserting ‘‘(or in a domestic partner9 ship)’’ after ‘‘married’’; and 

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

11 surviving domestic partner)’’ after ‘‘surviving 

12 spouse’’; 

13 (2) in subsection (d)— 

14 (A) in paragraph (1), by striking ‘‘mar15 ried,’’ each place it appears and inserting ‘‘mar16 ried (or in a domestic partnership),’’; and 

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

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

19 domestic partner),’’; and 

20 (3) in subsection (e), by inserting ‘‘(or in a do21 mestic partnership)’’ after ‘‘married’’. 

22 SEC. 208. ADMINISTRATION; REGULATIONS. 

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

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


pwalker on DSK7TPTVN1PROD with 
161 

•S 1910 RS

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

2 (and former domestic partners)’’. 

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

4 Section 8351(b)(5) is amended— 

5 (1) in subparagraphs (A), (B), and (C), by in6 serting ‘‘(or domestic partner)’’ after ‘‘spouse’’ each 

7 place it appears; 

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

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

10 Member who is married (or in a domestic partner11 ship)’’; and 

12 (3) in subparagraph (D), by inserting ‘‘(or do13 mestic partner or former domestic partner)’’ after 

14 ‘‘spouse or former spouse’’. 

15 TITLE III—FEDERAL EMPLOY16 EES’ RETIREMENT SYSTEM 

17 Subtitle A—General Provisions 

18 SEC. 301. DEFINITIONS. 

19 Section 8401 is amended— 

20 (1) in paragraph (36), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (37), by striking the period at 

23 the end and inserting a semicolon; and 

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


pwalker on DSK7TPTVN1PROD with 
162 

•S 1910 RS

1 ‘‘(38) ‘domestic partner’ and ‘domestic partner2 ship’ have the meanings given under section 2501; 

3 and 

4 ‘‘(39) ‘former domestic partner’ means a former 

5 domestic partner of an individual— 

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

7 18 months of civilian service creditable under 

8 section 8411 as an employee or Member; and 

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

10 a domestic partnership with such individual for 

11 at least 9 months.’’. 

12 Subtitle B—Creditable Service 

13 SEC. 311. CREDITABLE SERVICE. 

14 Section 8411 is amended— 

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

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

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

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

19 (3) in subsection (l)(5), by inserting ‘‘(or domes20 tic partner)’’ after ‘‘spouse’’ each place it appears. 

21 SEC. 312. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 

22 OR A CURRENT DOMESTIC PARTNER. 

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

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

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


pwalker on DSK7TPTVN1PROD with 
163 

•S 1910 RS

1 (2) in subsection (a)— 

2 (A) by inserting ‘‘(or in a domestic partner3 ship)’’ after ‘‘married’’ each place it appears; 

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

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

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

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

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

9 following: 

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

11 subsequent domestic partnership), a retired employee or 

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

13 at the time of retirement, including an employee or Member 

14 whose annuity was not reduced to provide a survivor annu15 ity for the employee’s or Member’s spouse or former spouse 

16 (or domestic partner or former domestic partner) as of the 

17 time of retirement, may irrevocably elect during such mar18 riage (or domestic partnership), in a signed writing re19 ceived by the Office— 

20 ‘‘(A) within 2 years after such entry into a sub21 sequent marriage (or domestic partnership); or 

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

23 ‘‘(i) the death of or entry into a subsequent 

24 marriage (or domestic partnership) by any 

25 former spouse (or former domestic partner) of 


pwalker on DSK7TPTVN1PROD with 
164 

•S 1910 RS

1 such employee or Member who was entitled to a 

2 survivor annuity under section 8445, or 

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

4 former spouse (or surviving former domestic 

5 partner), the death of or entry into a subsequent 

6 marriage (or domestic partnership) by the last 

7 such surviving former spouse (or surviving 

8 former domestic partner), 

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

10 under section 8419(a) for the purpose of providing an 

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

12 domestic partner) in the event such spouse (or domes13 tic partner) survives the employee or Member. 

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

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

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

17 the subsequent marriage (or entry into the subsequent do18 mestic partnership). 

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

20 individual under this subsection— 

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

22 by the employee or Member under section 8420 with 

23 respect to such individual; or 

24 ‘‘(B) shall, if an election was made by the em25 ployee or Member under section 8420 with respect to 


pwalker on DSK7TPTVN1PROD with 
165 

•S 1910 RS

1 a different individual, prospectively void such election 

2 if appropriate written application is made by such 

3 employee or Member at the time of making the elec4 tion under this subsection. 

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

6 employee or Member on behalf of an individual after the 

7 retirement of such employee or Member shall not be effective 

8 if— 

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

10 in a domestic partnership with) such individual at 

11 the time of retirement; and 

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

13 on the service of such employee or Member were then 

14 waived under subsection (a).’’; 

15 (4) in subsection (c)— 

16 (A) by striking the matter before paragraph 

17 (2) and inserting the following: 

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

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

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

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

22 writing received by the Office— 

23 ‘‘(A) within 2 years after such employee or Mem24 ber marries (or enters into a domestic partnership); 

25 or 


pwalker on DSK7TPTVN1PROD with 
166 

•S 1910 RS

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

2 ‘‘(i) the death of or entry into a subsequent 

3 remarriage (or entry into a subsequent domestic 

4 partnership or a marriage by any former domes5 tic partner) by of any former spouse (or domestic 

6 partner) of such employee or Member who was 

7 entitled to a survivor annuity under section 

8 8445, 

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

10 (or surviving former domestic partner), the death 

11 of or entry into a subsequent marriage (or do12 mestic partnership) by the last such surviving 

13 former spouse (or surviving former domestic 

14 partner), 

15 a reduction in the current annuity of the retired em16 ployee or Member, in accordance with section 

17 8419(a).’’; and 

18 (B) in paragraph (2), by striking ‘‘mar19 riage.’’ and inserting ‘‘marriage (or domestic 

20 partnership).’’; and 

21 (5) in subsection (d)(1)— 

22 (A) by inserting ‘‘(or in a domestic partner23 ship)’’ after ‘‘married’’; and 

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

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


pwalker on DSK7TPTVN1PROD with 
167 

•S 1910 RS

1 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

2 table of sections for chapter 84 of title 5, United States 

3 Code, is amended by striking the item relating to section 

4 8416 and inserting the following: 

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

5 SEC. 313. SURVIVOR REDUCTION FOR A FORMER SPOUSE 

6 OR FORMER DOMESTIC PARTNER. 

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

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

9 former domestic partner)’’ after ‘‘former 

10 spouse’’; 

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

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

13 (3) in subsection (b)— 

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

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

16 each place it appears; 

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

18 follows: 

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

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

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

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

23 marriage of the former spouse to the employee or Member 

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


pwalker on DSK7TPTVN1PROD with 
168 

•S 1910 RS

1 domestic partner with the employee or Member is so termi2 nated).’’; and 

3 (C) in paragraph (3)— 

4 (i) in subparagraph (A)(ii), by insert5 ing ‘‘(or a surviving partner)’’ after ‘‘a 

6 widow or widower’’; and 

7 (ii) by amending subparagraph (B) to 

8 read as follows: 

9 ‘‘(B) shall not be effective, in the case of an em10 ployee or Member who is then married (or in a do11 mestic partnership), unless it is made with the 

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

13 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

14 table of sections for chapter 84 of title 5, United States 

15 Code, is amended by striking the item relating to section 

16 8417 and inserting the following: 

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

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

18 Section 8418(b) is amended— 

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

20 after ‘‘marriage’’; and 

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

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

23 SEC. 315. SURVIVOR REDUCTIONS; COMPUTATION. 

24 Section 8419 is amended— 


pwalker on DSK7TPTVN1PROD with 
169 

•S 1910 RS

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

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

3 (2) by amending subsection (b) to read as fol4 lows: 

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

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

7 current domestic partner) of a retired employee or Member 

8 shall be terminated for each full month— 

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

10 partner); or 

11 ‘‘(B) after the dissolution of the spouse’s mar12 riage to (or the termination of the domestic partner’s 

13 domestic partnership with) the employee or Member, 

14 except that an appropriate reduction shall be made 

15 thereafter if the spouse (or domestic partner) is enti16 tled, as a former spouse (or former domestic partner), 

17 to a survivor annuity under section 8445. 

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

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

20 domestic partner) of a retired employee or Member shall 

21 be terminated for each full month after the former spouse 

22 remarries (or enters into a domestic partnership) (or the 

23 former domestic partner enters into a subsequent domestic 

24 partnership or marries) before reaching age 55 or dies. This 


pwalker on DSK7TPTVN1PROD with 
170 

•S 1910 RS

1 reduction shall be replaced by appropriate reductions under 

2 subsection (a) if the retired employee or Member has— 

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

4 partner) who is entitled to a survivor annuity under 

5 section 8445; 

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

7 Member was married (or a current domestic partner 

8 with whom the employee or Member was in a domes9 tic partnership) at the time of retirement and with 

10 respect to whom a survivor annuity was not waived 

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

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

13 made; or 

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

15 Member married (or current domestic partner with 

16 whom the employee or Member entered into a domes17 tic partnership) after retirement and with respect to 

18 whom an election has been made under subsection (b) 

19 or (c) of section 8416.’’. 

20 SEC. 316. INSURABLE INTEREST REDUCTIONS. 

21 Section 8420 is amended— 

22 (1) in subsection (b)(1)— 

23 (A) by striking ‘‘married employee or Mem24 ber’’ and inserting ‘‘employee or Member who is 

25 married (or in a domestic partnership)’’; and 


pwalker on DSK7TPTVN1PROD with 
171 

•S 1910 RS

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

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

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

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

5 SEC. 317. ALTERNATIVE FORMS OF ANNUITIES. 

6 Section 8420a is amended— 

7 (1) in subsection (b)(2)— 

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

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

10 after ‘‘married’’; and 

11 (B) in subparagraph (B), by striking ‘‘sur12 viving spouse.’’ inserting ‘‘surviving spouse (or 

13 surviving domestic partner).’’; 

14 (2) in subsection (d)— 

15 (A) in paragraph (1), by striking ‘‘mar16 ried,’’ inserting ‘‘married (or in a domestic part17 nership),’’ and 

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

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

20 each place it appears; and 

21 (3) in subsection (e), by inserting ‘‘(or in a do22 mestic partnership)’’ after ‘‘married’’. 

23 SEC. 318. LUMP-SUM BENEFITS; DESIGNATION OF BENE24 FICIARY; ORDER OF PRECEDENCE. 

25 Section 8424 is amended— 


pwalker on DSK7TPTVN1PROD with 
172 

•S 1910 RS

1 (1) in subsection (b)— 

2 (A) in paragraph (1)— 

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

4 ‘‘the spouse, if any, and any former spouse’’ 

5 and inserting ‘‘any spouse or former spouse 

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

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

9 ‘‘spouse or former spouse’’ each place it ap10 pears and inserting ‘‘spouse or former 

11 spouse (or domestic partner or former do12 mestic partner)’’; and 

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

14 or former spouse’’ each place it appears and in15 serting ‘‘spouse or former spouse (or domestic 

16 partner or former domestic partner)’’; and 

17 (2) in subsection (d)— 

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

19 inserting ‘‘widow or widower (or surviving part20 ner)’’; and 

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

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

23 which child is not adopted by or otherwise a 

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


pwalker on DSK7TPTVN1PROD with 
173 

•S 1910 RS

1 Subtitle C—Thrift Savings Plan 

2 SEC. 321. BENEFITS AND ELECTION OF BENEFITS. 

3 Section 8433(e) is amended by striking paragraph (2) 

4 and inserting the following: 

5 ‘‘(2) Notwithstanding section 8424(d), if an em6 ployee, Member, former employee, or former Member 

7 dies and has designated as sole or partial beneficiary 

8 his or her spouse (or domestic partner) at the time of 

9 death, or, if an employee, Member, former employee, 

10 or former Member, dies with no designated bene11 ficiary and is survived by a spouse (or domestic part12 ner), the spouse (or domestic partner) may maintain 

13 the portion of the employee’s or Member’s account to 

14 which the spouse (or domestic partner) is entitled in 

15 accordance with the following terms: 

16 ‘‘(A) Subject to the limitations of subpara17 graph (B), the spouse (or domestic partner) shall 

18 have the same withdrawal options under sub19 section (b) as the employee or Member were the 

20 employee or Member living. 

21 ‘‘(B) The spouse (or domestic partner) may 

22 not make withdrawals under subsection (g) or 

23 (h). 


pwalker on DSK7TPTVN1PROD with 
174 

•S 1910 RS

1 ‘‘(C) The spouse (or domestic partner) may 

2 not make contributions or transfers to the ac3 count. 

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

5 the death of the surviving spouse (or surviving 

6 domestic partner). A beneficiary or surviving 

7 spouse (or surviving domestic partner) of a de8 ceased spouse (or domestic partner) who has in9 herited an account is ineligible to maintain the 

10 inherited spousal account.’’. 

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

12 PURCHASE. 

13 Section 8434(a)(2) is amended— 

14 (1) in subparagraph (B), by inserting ‘‘(or do15 mestic partner)’’ after ‘‘spouse’’; and 

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

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

18 SEC. 323. PROTECTIONS FOR SPOUSES, DOMESTIC PART19 NERS, FORMER SPOUSES, AND FORMER DO20 MESTIC PARTNERS. 

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

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

23 domestic partners and former domestic 

24 partners)’’ after ‘‘spouses and former 

25 spouses’’; 


pwalker on DSK7TPTVN1PROD with 
175 

•S 1910 RS

1 (2) in subsection (a)— 

2 (A) in paragraph (1)— 

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

4 ‘‘A married employee or Member (or former 

5 employee or Member)’’ each place it appears 

6 and inserting ‘‘An employee or Member, or 

7 former employee or former Member, who is 

8 married (or in a domestic partnership)’’; 

9 and 

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

11 ‘‘(or domestic partner)’’ after ‘‘spouse’’ each 

12 place it appears; and 

13 (B) in paragraph (2), by inserting ‘‘(or do14 mestic partner’s)’’ after ‘‘spouse’s’’ each place it 

15 appears; 

16 (3) in subsection (b)— 

17 (A) in paragraph (1)— 

18 (i) by inserting ‘‘(or surviving domes19 tic partner)’’ after ‘‘surviving spouse’’ each 

20 place it appears; and 

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

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

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

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

25 (4) in subsection (d)— 


pwalker on DSK7TPTVN1PROD with 
176 

•S 1910 RS

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

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

3 the first 2 places it appears; 

4 (B) in paragraphs (3) through (6), by in5 serting ‘‘(or former domestic partner)’’ after 

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

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

8 former domestic partners)’’ after ‘‘former 

9 spouses’’; and 

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

11 surviving domestic partner)’’ after ‘‘surviving 

12 spouse’’; 

13 (5) in subsection (e)(1)— 

14 (A) by striking the matter before subpara15 graph (B) and inserting the following: 

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

17 or (h) of section 8433 may be made to an employee or Mem18 ber who is married (or in a domestic partnership) only if 

19 the employee’s or Member’s spouse (or domestic partner) 

20 consents to such loan or withdrawal in writing.’’; and 

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

22 domestic partner’s)’’ after ‘‘spouse’s’’ each place 

23 it appears; and 


pwalker on DSK7TPTVN1PROD with 
177 

•S 1910 RS

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

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

3 former spouse’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

5 table of sections for chapter 84 is amended by striking the 

6 item relating to section 8435 and inserting the following: 

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

former domestic partners).’’. 

7 SEC. 324. JUSTICES AND JUDGES. 

8 Section 8440a(b)(6) is amended by inserting ‘‘(or do9 mestic partners)’’ after ‘‘spouses’’. 

10 Subtitle D—Survivor Annuities 

11 SEC. 331. DEFINITIONS. 

12 Section 8441 is amended— 

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

14 paragraphs (4) and (5), respectively, and by inserting 

15 after paragraph (2) the following: 

16 ‘‘(3) the term ‘surviving partner’ means the sur17 viving domestic partner of an employee, Member, or 

18 annuitant, or of a former employee or Member, who— 

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

20 such employee, Member, or annuitant, or former 

21 employee or Member, for at least 9 months im22 mediately before the death of such employee, 

23 Member, or annuitant, or former employee or 

24 Member; or 


pwalker on DSK7TPTVN1PROD with 
178 

•S 1910 RS

1 ‘‘(B) satisfies such other requirements, based 

2 on parenthood and the domestic partnership, as 

3 the Director of the Office of Personnel Manage4 ment shall by regulation prescribe based on the 

5 definition of a widow or widower under para6 graphs (1)(B) and (2)(B) of this section; and’’; 

7 and 

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

9 paragraph (1))— 

10 (A) in subparagraph (A)— 

11 (i) by striking ‘‘an unmarried depend12 ent child’’ and inserting ‘‘a dependent child 

13 who is unmarried (and not in a domestic 

14 partnership)’’; 

15 (ii) in clause (ii), by striking ‘‘step16 child but only if the stepchild’’ and insert17 ing ‘‘stepchild (or child of the domestic 

18 partner not adopted by or otherwise the 

19 child of the employee or Member) but only 

20 if the stepchild (or the child of the domestic 

21 partner)’’; and 

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

23 surviving partner)’’ after ‘‘widow or wid24 ower’’; and 


pwalker on DSK7TPTVN1PROD with 
179 

•S 1910 RS

1 (B) in subparagraphs (B) and (C), by strik2 ing ‘‘unmarried dependent child’’ each place that 

3 term appears and inserting ‘‘dependent child 

4 who is unmarried (and not in a domestic part5 nership)’’. 

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

7 PARTNER. 

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

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

10 surviving partner)’’ after ‘‘widow or wid11 ower’’; 

12 (2) in subsection (a)— 

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

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

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

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

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

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

19 (3) in subsection (b), by inserting ‘‘(or surviving 

20 partner)’’ after ‘‘widow or widower’’ each place it ap21 pears; 

22 (4) in subsection (c)— 

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

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

25 surviving partner with whom in a domestic 


pwalker on DSK7TPTVN1PROD with 
180 

•S 1910 RS

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

2 married’’; and 

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

4 place it appears (other than where amended by 

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

6 widower (or surviving partner)’’; 

7 (5) in subsection (d)— 

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

9 place it appears and inserting ‘‘widow or wid10 ower (or surviving partner)’’; 

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

12 enters into a domestic partnership) (or in the 

13 case of a surviving partner, enters into a subse14 quent domestic partnership or marries)’’ after 

15 ‘‘remarries’’; 

16 (C) in paragraph (2)— 

17 (i) by striking ‘‘remarriage before’’ and 

18 inserting ‘‘subsequent entry into a marriage 

19 (or domestic partnership) before’’; 

20 (ii) by striking ‘‘remarriage is dis21 solved by death, divorce, or annulment,’’ 

22 and inserting ‘‘subsequent marriage is dis23 solved by death, divorce, annulment (or sub24 sequent domestic partnership is termi25 nated),’’; and 


pwalker on DSK7TPTVN1PROD with 
181 

•S 1910 RS

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

2 ‘‘remarriage;’’ and inserting ‘‘subsequent 

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

4 (D) in paragraph (3)— 

5 (i) by striking ‘‘remarriage’’ and in6 serting ‘‘subsequent entry into a marriage 

7 (or domestic partnership)’’; and 

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

9 partnership for at least 30 years with)’’ 

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

11 (6) in subsection (e)— 

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

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

14 (B) by inserting ‘‘(or in a domestic partner15 ship with)’’ after ‘‘been married to’’; and 

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

17 follows: 

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

19 been previously married to such individual and subse20 quently divorced (or the surviving partner of such in21 dividual had been previously in a domestic partner22 ship with such individual which domestic partnership 

23 was subsequently terminated), and the aggregate time 

24 married (or in a domestic partnership) is at least 9 

25 months.’’; 


pwalker on DSK7TPTVN1PROD with 
182 

•S 1910 RS

1 (7) in subsection (g), by striking ‘‘widow or wid2 ower’’ and inserting ‘‘widow or widower (or surviving 

3 partner)’’ each place it appears; and 

4 (8) in subsection (h)— 

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

6 place it appears and inserting ‘‘widow or wid7 ower (or surviving partner)’’; and 

8 (B) by inserting ‘‘(or former domestic part9 ner)’’ after ‘‘former spouse’’ each place it ap10 pears. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

12 table of sections for chapter 84 is amended by striking the 

13 item relating to section 8442 and inserting the following: 

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

14 SEC. 333. RIGHTS OF A CHILD. 

15 Section 8443(b) is amended by striking subparagraph 

16 (E) and the matter following that subparagraph and insert17 ing the following: 

18 ‘‘(E) dies or marries (or enters into a do19 mestic partnership); 

20 whichever occurs first. On the death of the surviving 

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

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

23 or termination of the annuity of a child, the annuity 

24 of any other child or children shall be recomputed and 

25 paid as though the wife or husband (or domestic partVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
183 

•S 1910 RS

1 ner), former wife or husband (or former domestic 

2 partner), or child had not survived the annuitant, 

3 employee, or Member. If the annuity of a child under 

4 this subchapter terminates under subparagraph (E) 

5 because of marriage (or domestic partnership), then, 

6 if such marriage (or domestic partnership) ends, such 

7 annuity shall resume on the first day of the month 

8 in which it ends, but only if any lump sum paid is 

9 returned to the Fund, and that individual is not oth10 erwise ineligible for such annuity.’’. 

11 SEC. 334. RIGHTS OF A FORMER SPOUSE OR FORMER DO12 MESTIC PARTNER. 

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

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

15 former domestic partner)’’ after ‘‘former 

16 spouse’’; 

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

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

19 (3) in subsection (b)— 

20 (A) by inserting ‘‘(or former domestic part21 ner)’’ after ‘‘former spouse’’ each place it ap22 pears; and 

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

24 after ‘‘widow or widower’’; 


pwalker on DSK7TPTVN1PROD with 
184 

•S 1910 RS

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

2 into a domestic partnership) (or the former domestic 

3 partner enters into a subsequent domestic partnership 

4 or marries)’’ after ‘‘remarries’’; 

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

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

7 it appears; and 

8 (6) by amending subsection (h) to read as fol9 lows: 

10 ‘‘(h)(1) Subsection (c)(2), to the extent that it provides 

11 for termination of a survivor annuity because of a subse12 quent entry into a marriage (or domestic partnership) be13 fore age 55, shall not apply if the former spouse (or former 

14 domestic partner) was married to (or in a domestic part15 nership with) the individual on whose service the survivor 

16 annuity is based for at least 30 years. 

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

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

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

20 other provision of this chapter which the Director may by 

21 regulation identify in order to carry out the purposes of 

22 this subsection.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

24 table of sections for chapter 84 is amended by striking the 

25 item relating to section 8445 and inserting the following: 

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


pwalker on DSK7TPTVN1PROD with 
185 

•S 1910 RS

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 spouses 

8 (and domestic partners), former spouses (and former domes9 tic 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 sec15 tion 8443)’’ and inserting the following: ‘‘survivor, 

16 other than a widow or widower (or surviving part17 ner) 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 partner)’’ 

21 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’’. 


pwalker on DSK7TPTVN1PROD with 
186 

•S 1910 RS

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), sibling, 

8 ancestor, lineal descendant, or spouse (or domes9 tic partner) of a lineal descendant of a person 

10 described in subparagraph (A), (B), or (D);’’. 

11 TITLE IV—INSURANCE BENEFITS 

12 SEC. 401. LIFE INSURANCE. 

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

14 (1) in section 8701(d)— 

15 (A) in paragraph (1)— 

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

17 ‘‘(or domestic partner)’’ after ‘‘spouse’’; and 

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

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

20 stepchild’’ and inserting ‘‘stepchild (or child 

21 of the domestic partner of the individual 

22 not adopted by or otherwise the child of the 

23 individual) or foster child (but only if the 

24 stepchild (or the child of the domestic part25 ner)’’; and 


pwalker on DSK7TPTVN1PROD with 
187 

•S 1910 RS

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

2 ‘‘(3) For the purpose of this subsection, ‘domestic 

3 partner’ has the meaning given under section 2501.’’; 

4 (2) in section 8705(a), by inserting ‘‘(or sur5 viving domestic partner)’’ after ‘‘widow or widower’’; 

6 and 

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

8 ‘‘spouse;’’ and inserting ‘‘spouse (or domestic part9 ner);’’. 

10 (b) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply with respect to calendar years beginning 

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

13 of the enactment of this Act. 

14 SEC. 402. HEALTH INSURANCE. 

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

16 (1) in paragraph (5)— 

17 (A) in the matter before subparagraph 

18 (A)— 

19 (i) by inserting ‘‘(or domestic part20 ner)’’ after ‘‘spouse’’; and 

21 (ii) by striking ‘‘an unmarried depend22 ent child’’ and inserting ‘‘a dependent child 

23 who is unmarried (and not in a domestic 

24 partnership) and is’’; 


pwalker on DSK7TPTVN1PROD with 
188 

•S 1910 RS

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

2 a child of the domestic partner not adopted by 

3 or otherwise the child of the employee or annu4 itant)’’ after ‘‘stepchild’’; and 

5 (C) in the matter following subparagraph 

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

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

8 child regardless of age who is unmarried (and 

9 not in a domestic partnership)’’; 

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

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

12 domestic partners),’’; 

13 (3) in paragraph (10)— 

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

15 entered into a domestic partnership)’’ after ‘‘re16 married’’; and 

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

18 (4) by redesignating paragraph (11) as para19 graph (12), and by inserting after paragraph (10) the 

20 following: 

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

22 domestic partner of an employee, former employee, or 

23 annuitant— 

24 ‘‘(A) who has not entered into another do25 mestic partnership (or married) before age 55 


pwalker on DSK7TPTVN1PROD with 
189 

•S 1910 RS

1 after the domestic partnership to the employee, 

2 former employee, or annuitant was terminated; 

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

4 health benefits plan under this chapter as a fam5 ily member at any time during the 18-month pe6 riod before the date of the termination of the do7 mestic partnership to the employee, former em8 ployee, or annuitant; and 

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

10 survivor annuity under section 8341(h) or 8445 

11 (or benefits similar to either of the aforemen12 tioned annuity benefits under a retirement sys13 tem for Government employees other than the 

14 Civil Service Retirement System or the Federal 

15 Employees’ Retirement System); 

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

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

18 provision of law); or 

19 ‘‘(iii) who is otherwise entitled to an annu20 ity or any portion of an annuity as a former do21 mestic partner under a retirement system for 

22 Government employees, 

23 except that such term shall not include any such 

24 former domestic partner of a former employee 

25 whose domestic partnership was terminated after 


pwalker on DSK7TPTVN1PROD with 
190 

•S 1910 RS

1 the former employee’s separation from the service 

2 (other than by retirement).’’; 

3 (5) by striking the period at the end of para4 graph (12) (as redesignated) and inserting ‘‘; and’’; 

5 and 

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

7 ‘‘(13) ‘domestic partner’ and ‘domestic partner8 ship’ have the meanings given under section 2501.’’. 

9 (b) CONTRACTING AUTHORITY.—Section 8902 is 

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

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

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

13 (c) DEBARMENT AND OTHER SANCTIONS.—Section 

14 8902a(a)(1)(B) is amended by inserting ‘‘(or former domes15 tic partner)’’ after ‘‘or former spouse’’. 

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

17 amended— 

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

19 ‘‘former spouses (or former domestic partners),’’; and 

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

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

22 (e) ELECTION OF COVERAGE.—Section 8905 is amend23 ed— 

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

25 following: 


pwalker on DSK7TPTVN1PROD with 
191 

•S 1910 RS

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

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

3 treatment is afforded— 

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

5 partners; and 

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

7 dissolved and the children of a domestic partnership 

8 that has been terminated.’’; 

9 (2) in subsection (e)— 

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

11 after ‘‘has a spouse’’; and 

12 (B) by striking ‘‘either spouse,’’ and insert13 ing ‘‘either spouse (or either domestic partner, as 

14 the case may be),’’; and 

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

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

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

18 (f) CONTINUED COVERAGE.—Section 8905a is amend19 ed by adding at the end the following: 

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

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

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

24 partners); and 


pwalker on DSK7TPTVN1PROD with 
192 

•S 1910 RS

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

2 dissolved (and the children of a domestic partnership 

3 that has been terminated).’’. 

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

6 amended by striking ‘‘remarriage and is later restored’’ and 

7 inserting ‘‘having entered into a subsequent marriage (or 

8 domestic partnership) and is later restored (or a surviving 

9 domestic partner whose survivor annuity under this title 

10 was terminated because of having entered into a subsequent 

11 domestic partnership or a marriage and is later restored)’’. 

12 (h) EMPLOYEES HEALTH BENEFITS FUND.—Section 

13 8909(d) is amended by striking ‘‘former spouse,’’ each place 

14 it appears and inserting ‘‘former spouse (or former domestic 

15 partner),’’. 

16 (i) REGULATIONS.—Section 8913(c) is amended— 

17 (1) by inserting ‘‘(and former domestic part18 ners)’’ after ‘‘and former spouses’’; and 

19 (2) by inserting ‘‘(or former domestic partner)’’ 

20 after ‘‘or former spouse’’. 

21 (j) CONTRACT REQUIREMENTS; FEDERAL COURT JU22 RISDICTION.— 

23 (1) CONTRACTS FOR HEALTH BENEFITS

24 PLANS.—Section 8902 is amended— 


pwalker on DSK7TPTVN1PROD with 
193 

•S 1910 RS

1 (A) in subsection (j), as amended by sub2 section (b) of this section— 

3 (i) by inserting ‘‘(1)’’ after ‘‘(j)’’; and 

4 (ii) by adding at the end the following: 

5 ‘‘(2) Each contract under this chapter may re6 quire the carrier to obtain recovery of funds through 

7 reimbursement or subrogation with respect to benefits 

8 provided to or for an individual covered under this 

9 chapter.’’; and 

10 (B) in subsection (m)(1), by striking the 

11 sentence after ‘‘(1)’’ and inserting ‘‘The provi12 sions of this chapter and, by operation of this 

13 chapter, the terms of any contract established 

14 under this chapter shall supersede and preempt 

15 any State or local law, or any regulation issued 

16 thereunder, insofar as those provisions or terms 

17 relate to health insurance or any plan. This 

18 paragraph does not apply with respect to State 

19 tax or statutory reserves.’’. 

20 (2) JURISDICTION OF COURTS.—Chapter 89 is 

21 amended by striking section 8912 and inserting the 

22 following: 

23 ‘‘§ 8912. Jurisdiction of courts 

24 ‘‘The district courts of the United States shall have ex25 clusive jurisdiction of any civil action or claim founded on 


pwalker on DSK7TPTVN1PROD with 
194 

•S 1910 RS

1 this chapter, except for a civil action or claim against the 

2 United States within the exclusive jurisdiction of the United 

3 States Court of Federal Claims under section 1491 of title 

4 28 or chapter 71 of title 41.’’. 

5 (k) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the amendments made by this section shall 

8 apply with respect to contract years beginning after 

9 the end of the 6-month period beginning on the date 

10 of enactment of this Act. 

11 (2) FEDERAL COURT JURISDICTION OVER THE

12 FEDERAL EMPLOYEES HEALTH BENEFITS PRO13 GRAM.—The amendments made by subsection (j) 

14 shall— 

15 (A) take effect on the date of enactment of 

16 this Act; and 

17 (B) apply with respect to any civil action 

18 or claim pending or filed on or after the date of 

19 enactment of this Act that relates to any injury 

20 or illness occurring before, on, or after the date 

21 of enactment of this Act. 

22 SEC. 403. ENHANCED DENTAL BENEFITS. 

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

24 (1) in section 8956(a)— 


pwalker on DSK7TPTVN1PROD with 
195 

•S 1910 RS

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

2 ‘‘a spouse’’; and 

3 (B) by striking ‘‘either spouse,’’ and insert4 ing ‘‘either spouse (or either domestic partner, as 

5 the case may be),’’; and 

6 (2) in section 8957, by striking ‘‘surviving 

7 spouse,’’ and inserting ‘‘surviving spouse (or sur8 viving domestic partner),’’. 

9 (b) EFFECTIVE DATE.—The amendments made by this 

10 section shall apply with respect to contract years beginning 

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

12 of the enactment of this Act. 

13 SEC. 404. ENHANCED VISION BENEFITS. 

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

15 (1) in section 8986(a)— 

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

17 after ‘‘a spouse’’; and 

18 (B) by striking ‘‘either spouse,’’ and insert19 ing ‘‘either spouse (or either domestic partner, as 

20 the case may be),’’; and 

21 (2) in section 8987, by striking ‘‘surviving 

22 spouse,’’ and inserting ‘‘surviving spouse (or sur23 viving domestic partner),’’. 

24 (b) EFFECTIVE DATE.—The amendments made by this 

25 section shall apply with respect to contract years beginning 


pwalker on DSK7TPTVN1PROD with 
196 

•S 1910 RS

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

2 of the enactment of this Act. 

3 SEC. 405. LONG-TERM CARE INSURANCE. 

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

5 (1) in section 9001(5), by redesignating subpara6 graph (D) as subparagraph (E) and by inserting 

7 after subparagraph (C) the following: 

8 ‘‘(D)(i) a domestic partner (as that term is 

9 defined in section 2501) of an individual de10 scribed in paragraph (1), (2), (3), or (4); 

11 ‘‘(ii) a child of a domestic partner referred 

12 to in clause (i), if such child is at least 18 years 

13 of age; and 

14 ‘‘(iii) a parent of a domestic partner of an 

15 individual referred to in paragraph (1) or (3).’’; 

16 and 

17 (2) in section 9002(e)(2)— 

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

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

20 FOR SPOUSE (OR DOMESTIC PARTNER)’’; and 

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

22 after ‘‘spouse’’. 

23 (b) EFFECTIVE DATE.—The amendments made by this 

24 section shall apply with respect to calendar years beginning 


pwalker on DSK7TPTVN1PROD with 
197 

•S 1910 RS

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

2 of the enactment of this Act. 

3 TITLE V—TRAVEL, TRANSPOR4 TATION, AND SUBSISTENCE 

5 SEC. 501. REIMBURSEMENT FOR TAXES INCURRED ON 

6 MONEY RECEIVED FOR TRAVEL EXPENSES. 

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

8 (1) in subsection (a), by striking ‘‘(if filing joint9 ly),’’ and inserting ‘‘(if filing jointly) (or by an em10 ployee and such employee’s domestic partner (as that 

11 term is defined under section 2501), if joint filing is 

12 allowed and they file jointly),’’; and 

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

14 spouse, as the case may be,’’ and inserting ‘‘employee 

15 and spouse (or domestic partner), as the case may 

16 be’’. 

17 (b) EFFECTIVE DATE.—The amendments made by this 

18 section shall apply with respect to taxable years beginning 

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

20 of the enactment of this Act. 

21 SEC. 502. DEFINITION. 

22 Section 5721 is amended— 

23 (1) in paragraph (6), by striking ‘‘and’’ at the 

24 end; 


pwalker on DSK7TPTVN1PROD with 
198 

•S 1910 RS

1 (2) in paragraph (7), by striking the period and 

2 inserting ‘‘; and’’; and 

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

4 ‘‘(8) ‘domestic partner’ has the meaning given 

5 under section 2501.’’. 

6 SEC. 503. RELOCATION EXPENSES OF EMPLOYEES TRANS7 FERRED OR REEMPLOYED. 

8 (a) IN GENERAL.—Section 5724a(b)(1)(A) is amended 

9 by striking ‘‘employee’s spouse’’ and inserting ‘‘employee’s 

10 spouse (or domestic partner)’’. 

11 (b) EFFECTIVE DATE.—The amendment made by this 

12 section shall apply with respect to expenses incurred after 

13 the end of the 6-month period beginning on the date of the 

14 enactment of this Act. 

15 SEC. 504. TAXES ON REIMBURSEMENTS FOR TRAVEL, 

16 TRANSPORTATION, AND RELOCATION EX17 PENSES OF EMPLOYEES TRANSFERRED. 

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

19 (1) by striking ‘‘(if filing jointly),’’ and inserting 

20 ‘‘(if filing jointly) (or by an employee and the em21 ployee’s domestic partner, if joint filing by them is al22 lowed and if they file jointly),’’; and 

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

24 may be,’’ and inserting ‘‘employee and spouse (or do25 mestic partner), as the case may be’’. 


pwalker on DSK7TPTVN1PROD with 
199 

•S 1910 RS

1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply with respect to taxable years beginning 

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

4 of the enactment of this Act. 

5 SEC. 505. RELOCATION EXPENSES OF AN EMPLOYEE WHO IS 

6 PERFORMING AN EXTENDED ASSIGNMENT. 

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

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

9 spouse’’. 

10 (b) EFFECTIVE DATE.—The amendment made by this 

11 section shall apply with respect to expenses incurred after 

12 the end of the 6-month period beginning on the date of the 

13 enactment of this Act. 

14 SEC. 506. TRANSPORTATION OF FAMILY MEMBERS INCI15 DENT TO REPATRIATION OF EMPLOYEES 

16 HELD CAPTIVE. 

17 Section 5760(c) is amended by striking the period at 

18 the end and inserting ‘‘, and includes the domestic partner 

19 (as defined under section 2501) of an employee described 

20 in subsection (b).’’. 

21 SEC. 507. REGULATIONS TO INCLUDE DOMESTIC PART22 NERS. 

23 (a) IN GENERAL.—Chapter 57 is amended by adding 

24 after section 5761 the following: 


pwalker on DSK7TPTVN1PROD with 
200 

•S 1910 RS

1 ‘‘§ 5762. Regulations to include domestic partners 

2 ‘‘Regulations prescribed under, or to administer provi3 sions of, this chapter shall include a domestic partner (as 

4 defined under section 2501) within the meaning of the terms 

5 ‘immediate family’ and ‘dependent’.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

7 table of sections for chapter 57 is amended by adding after 

8 the item relating to section 5761 the following: 

‘‘5762. Regulations to include domestic partners.’’. 

9 TITLE VI—COMPENSATION FOR 

10 WORK INJURIES 

11 SEC. 601. DEFINITIONS. 

12 Section 8101 is amended— 

13 (1) in paragraph (8), by striking ‘‘married 

14 brothers or married sisters;’’ and inserting ‘‘any 

15 brother or sister who is married (or is in a domestic 

16 partnership);’’; 

17 (2) in paragraph (9)— 

18 (A) by inserting ‘‘(or children of the em19 ployee’s domestic partner not adopted by or oth20 erwise the children of the employee)’’ after ‘‘step21 children’’; and 

22 (B) by striking ‘‘married children’’ and in23 serting ‘‘any child who is married (or in a do24 mestic partnership)’’; 


pwalker on DSK7TPTVN1PROD with 
201 

•S 1910 RS

1 (3) in paragraph (18), by striking ‘‘and’’ at the 

2 end; 

3 (4) in paragraph (19), by striking ‘‘and’’ at the 

4 end; 

5 (5) in paragraph (20), by striking the period 

6 and inserting a semicolon; and 

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

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

9 who is in a domestic partnership with another indi10 vidual, as determined by the Secretary of Labor for 

11 purposes of this subchapter under regulations issued 

12 by the Secretary, in consultation with the Director of 

13 the Office of Personnel Management— 

14 ‘‘(A) who are of the same sex; 

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

16 an individual otherwise eligible for coverage 

17 under this subchapter (or any application or ex18 tension thereof) based on such individual’s em19 ployment or other service; 

20 ‘‘(C)(i) who are in a committed domestic21 partnership relationship with each other satis22 fying the conditions in clauses (ii), (iii), and 

23 (iv) and intend to remain so indefinitely; 

24 ‘‘(ii) who have a common residence and in25 tend to continue to do so (or would have a comVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
202 

•S 1910 RS

1 mon residence, but are prevented from doing so 

2 because of such reasons as an assignment abroad 

3 or other employment-related factors, financial 

4 considerations, family responsibilities or other 

5 such reasons); 

6 ‘‘(iii) who share responsibility for a signifi7 cant measure of each other’s welfare and finan8 cial obligations; and 

9 ‘‘(iv) neither of whom is married to or in 

10 a domestic partnership with anyone except each 

11 other; 

12 ‘‘(D) who are at least 18 years of age and 

13 mentally competent to consent to a contract; and 

14 ‘‘(E) who are not related to each other by 

15 blood in a way that would prohibit legal mar16 riage between individuals otherwise eligible to 

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

18 any jurisdiction) in which the individuals have 

19 a common residence; and 

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

21 partner in a domestic partnership with the decedent 

22 at the time of his or her death.’’. 


pwalker on DSK7TPTVN1PROD with 
203 

•S 1910 RS

1 SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN 

2 CONNECTION WITH EMPLOYEE’S SERVICE 

3 WITH AN ARMED FORCE. 

4 Section 8102a(d) is amended— 

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

6 spouse.’’ and inserting ‘‘surviving spouse (or sur7 viving partner).’’; 

8 (2) in paragraph (2)(C), by inserting ‘‘(or chil9 dren of the employee’s domestic partner not adopted 

10 by or otherwise the children of the employee)’’ after 

11 ‘‘stepchildren’’; and 

12 (3) by striking paragraph (6) and inserting the 

13 following: 

14 ‘‘(6) If a person covered by this section has a 

15 spouse (or a domestic partner), but designates a per16 son other than the spouse (or domestic partner) to re17 ceive all or a portion of the amount payable under 

18 this section, the head of the agency, or other entity, 

19 in which that person is employed shall provide notice 

20 of the designation to the spouse (or the domestic part21 ner).’’. 

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

23 ORDER OF PRECEDENCE. 

24 Section 8109(a)(3)(D) is amended— 


pwalker on DSK7TPTVN1PROD with 
204 

•S 1910 RS

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 

10 widower,’’ and inserting ‘‘no widow or widower (and 

11 no 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; 


pwalker on DSK7TPTVN1PROD with 
205 

•S 1910 RS

1 ‘‘(B) he or she is receiving regular contribu2 tions from the employee for his or her support; 

3 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 marries.’’ 

7 and inserting ‘‘he marries (or enters into a domestic 

8 partnership).’’. 

9 SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSA10 TION. 

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

12 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 


pwalker on DSK7TPTVN1PROD with 
206 

•S 1910 RS

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;’’; and 

11 (B) in paragraphs (2) and (3), by striking 

12 ‘‘marries,’’ each place that term appears and in13 serting ‘‘marries (or enters into a domestic part14 nership),’’; and 

15 (C) in the matter following paragraph 

16 (3)— 

17 (i) in the first sentence, by striking 

18 ‘‘marries.’’ and inserting ‘‘marries (or en19 ters into a domestic partnership).’’; and 

20 (ii) in the second sentence, by inserting 

21 ‘‘(or domestic partner) (or a surviving part22 ner who has entitlements to benefits under 

23 this title derived from more than 1 domestic 

24 partner or spouse)’’ after ‘‘husband or 

25 wife’’. 


pwalker on DSK7TPTVN1PROD with 
207 

•S 1910 RS

1 SEC. 607. LUMP-SUM PAYMENT. 

2 Section 8135 is amended— 

3 (1) in subsection (a), by inserting ‘‘(or surviving 

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

5 (2) by striking subsection (b) and inserting the 

6 following: 

7 ‘‘(b) A widow or widower on remarriage (or on entry 

8 into a domestic partnership) before reaching age 55 (or a 

9 surviving partner on entry into a subsequent domestic part10 nership or on marriage before age 55) who is entitled to 

11 compensation under section 8133 of this title, shall be paid 

12 a lump sum equal to 24 times the monthly compensation 

13 payment (excluding compensation on account of another in14 dividual) to which that individual was entitled imme15 diately before the remarriage (or entry into a domestic part16 nership) (or, in the case of a surviving partner, imme17 diately before entry into the subsequent domestic partner18 ship or the marriage).’’. 

19 SEC. 608. EMPLOYEES OF NONAPPROPRIATED FUND IN20 STRUMENTALITIES. 

21 (a) IN GENERAL.—Section 8171 is amended by adding 

22 at the end the following: 

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

24 ‘‘(A) the term ‘domestic partner’ means an indi25 vidual who is in a domestic partnership with another 

26 individual, as determined by the Secretary of Labor 


pwalker on DSK7TPTVN1PROD with 
208 

•S 1910 RS

1 for purposes of this subchapter under regulations 

2 issued by the Secretary, in consultation with the Di3 rector of the Office of Personnel Management— 

4 ‘‘(i) who are of the same sex; 

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

6 an individual otherwise eligible for coverage 

7 under this subchapter (or any application or ex8 tension thereof) based on such individual’s em9 ployment or other service; 

10 ‘‘(iii)(I) who are in a committed domestic11 partnership relationship with each other satis12 fying the conditions in subclauses (II), (III), and 

13 (IV) and intend to remain so indefinitely; 

14 ‘‘(II) who have a common residence and in15 tend to continue to do so (or would have a com16 mon residence, but are prevented from doing so 

17 because of such reasons as an assignment abroad 

18 or other employment-related factors, financial 

19 considerations, family responsibilities or other 

20 such reasons); 

21 ‘‘(III) who share responsibility for a signifi22 cant measure of each other’s welfare and finan23 cial obligations; and 


pwalker on DSK7TPTVN1PROD with 
209 

•S 1910 RS

1 ‘‘(IV) neither of whom is married to or in 

2 a domestic partnership with anyone except each 

3 other; 

4 ‘‘(iv) who are at least 18 years of age and 

5 mentally competent to consent to a contract; and 

6 ‘‘(v) who are not related to each other by 

7 blood in a way that would prohibit legal mar8 riage between individuals otherwise eligible to 

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

10 any jurisdiction) in which the individuals have 

11 a common residence; and 

12 ‘‘(B) the term ‘surviving partner’ means the de13 cedent’s domestic partner at the time of his or her 

14 death. 

15 ‘‘(2) In the application of the Longshore and Harbor 

16 Workers’ Compensation Act under this subchapter— 

17 ‘‘(A) section 2(14) of that Act shall apply as 

18 though— 

19 ‘‘(i) ‘(or child of the domestic partner of an 

20 employee or volunteer referred to in section 

21 8171(a) of title 5, United States Code)’ were in22 serted after ‘stepchild’; and 

23 ‘‘(ii) ‘(or children in domestic partner24 ships)’ were inserted after ‘married children’ and 


pwalker on DSK7TPTVN1PROD with 
210 

•S 1910 RS

1 ‘(or brothers or sisters in domestic partnerships)’ 

2 were inserted after ‘married sisters’; 

3 ‘‘(B) in section 8(d)(1) of that Act— 

4 ‘‘(i) subparagraphs (A), (C), and (D) shall 

5 apply as though ‘(or surviving partner)’ were in6 serted after ‘widow or widower’ each place it ap7 pears; and 

8 ‘‘(ii) subparagraph (D) shall apply as 

9 though ‘wife, husband,’ were struck and ‘wife or 

10 husband (or domestic partner)’ were inserted; 

11 and 

12 ‘‘(C) in section 9 of that Act— 

13 ‘‘(i) subsection (b) shall apply as though the 

14 portion of the first sentence up to and including 

15 the sixth comma reads as follows: ‘If there be a 

16 widow or widower (or surviving partner) and no 

17 child of the deceased, to such widow or widower 

18 (or surviving partner) 50 per centum of the av19 erage wages of the deceased, during widowhood, 

20 or dependent widowerhood (or during the life of 

21 the surviving partner, as the case may be), with 

22 2 years’ compensation in 1 sum upon remar23 riage (or entry into a domestic partnership) of 

24 such widow or widower (or entry into another 

25 domestic partnership or marriage of such surVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
211 

•S 1910 RS

1 viving partner); and if there be a surviving child 

2 or children of the deceased, the additional 

amount of 162 3 ⁄3 per centum of such wages for 

4 each such child; in case of the death or remar5 riage (or entry into a domestic partnership) of 

6 such widow or widower (or entry into another 

7 domestic partnership or a marriage of such sur8 viving partner)’; 

9 ‘‘(ii) subsection (c) shall apply as though 

10 the portion of the subsection up to and including 

11 the fourth comma reads as follows: ‘If there be 1 

12 surviving child of the deceased, but no widow or 

13 widower (or surviving partner), then for the sup14 port of such child 50 per centum of the wages of 

15 the deceased; and if there be more than 1 sur16 viving child of the deceased, but no widow or de17 pendent husband (or surviving partner),’; 

18 ‘‘(iii) subsection (d) shall apply as 

19 though— 

20 ‘‘(I) the portion of the first sentence up 

21 through the word ‘children’ reads as follows: 

22 ‘If there be no surviving wife or husband (or 

23 surviving domestic partner) or child, or if 

24 the amount payable to a surviving wife or 


pwalker on DSK7TPTVN1PROD with 
212 

•S 1910 RS

1 husband (or surviving domestic partner) 

2 and to children’; and 

3 ‘‘(II) the second sentence reads as fol4 lows: ‘But in no case shall the aggregate 

5 amount payable under this subsection exceed the difference between 662 6 ⁄3 per centum 

7 of such wages and the amount payable as 

8 hereinbefore provided to widow or widower 

9 (or surviving partner) and for the support 

10 of surviving child or children.’; 

11 ‘‘(iv) subsection (g) shall apply as though 

12 the term ‘(or surviving domestic partner)’ were 

13 inserted after ‘surviving wife’ each place it ap14 pears; and 

15 ‘‘(v) section 31(b)(2)(C) shall apply as 

16 though the term ‘(or domestic partner)’ were in17 serted after ‘spouse’.’’. 

18 (b) EXCLUSIVE LIABILITY.—Section 8173 is amended 

19 by striking ‘‘spouse,’’ and inserting ‘‘spouse (or domestic 

20 partner),’’. 

21 SEC. 609. EFFECTIVE DATE. 

22 (a) IN GENERAL.—Subject to succeeding provisions of 

23 this section, this title and the amendments made by this 

24 title— 


pwalker on DSK7TPTVN1PROD with 
213 

•S 1910 RS

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

2 this Act; and 

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

4 death occurring before, on, or after such date of enact5 ment. 

6 (b) TIMELY CLAIM REQUIRED; LIMITATION ON PAY7 MENTS.—No compensation shall be payable, by virtue of the 

8 enactment of this title— 

9 (1) unless timely claim therefor is filed in ac10 cordance with the provisions of section 8122 or 8193 

11 of title 5, United States Code (as applicable), and 

12 subsection (c); or 

13 (2) with respect to any period commencing before 

14 the date of enactment of this Act. 

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

16 original claim for compensation for a disability or death 

17 that occurred before the date of enactment of this Act (and 

18 which would not otherwise be payable, but for the enactment 

19 of the amendments made by this title)— 

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

21 date of enactment, a claim based on such disability 

22 or death would no longer be timely (determined in ac23 cordance with such section 8122 or 8193 (as applica24 ble), before the application of paragraph (2)); and 


pwalker on DSK7TPTVN1PROD with 
214 

•S 1910 RS

1 (2) the timeliness of any such claim, if not pre2 cluded by paragraph (1), shall be determined— 

3 (A) by applying the provisions of such sec4 tion 8122 or 8193 (as applicable); and 

5 (B) as if the time limitations of such section 

6 8122 or 8193 (as applicable) did not begin to 

7 run until the date on which the provisions of sec8 tion 2502(a) of title 5, United States Code (as 

9 added by section 101 of this Act) become effec10 tive. 

11 (d) PAYMENTS FOR PRIOR PERIODS NOT AF12 FECTED.—No recovery shall be made of compensation paid 

13 to any individual whose entitlement to compensation is ter14 minated or reduced as a result of the enactment of this title. 

15 TITLE VII—EMPLOYEE LEAVE; 

16 DEATH OR CAPTIVITY COM17 PENSATION; OTHER EM18 PLOYEE BENEFITS 

19 SEC. 701. VOLUNTARY TRANSFERS OF LEAVE; VOLUNTARY 

20 LEAVE BANK PROGRAM. 

21 (a) VOLUNTARY TRANSFERS OF LEAVE.—Section 6333 

22 is amended by adding at the end the following: 

23 ‘‘(d) Regulations to carry out this section shall include 

24 provisions to ensure that, in the administration of this secVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
215 

•S 1910 RS

1 tion, a domestic partner (as that term is defined in section 

2 2501) shall be afforded the same status as a spouse.’’. 

3 (b) VOLUNTARY LEAVE BANK PROGRAM.—Section 

4 6362 is amended— 

5 (1) by inserting ‘‘(a)’’ before ‘‘Notwithstanding’’; 

6 and 

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

8 ‘‘(b) The established program under this section shall 

9 include provisions to ensure that, in the administration of 

10 this section, a domestic partner (as that term is defined 

11 in section 2501) shall be afforded the same status as a 

12 spouse.’’. 

13 SEC. 702. FAMILY AND MEDICAL LEAVE. 

14 (a) IN GENERAL.— 

15 (1) DEFINITION.—Section 6381 is amended— 

16 (A) in paragraph (6), in the matter before 

17 subparagraph (A), by striking ‘‘parentis,’’ and 

18 inserting ‘‘parentis (or a biological, adopted, or 

19 foster child of the domestic partner of the em20 ployee),’’; 

21 (B) in paragraph (11), by striking ‘‘and’’ 

22 at the end; 

23 (C) in paragraph (12), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 


pwalker on DSK7TPTVN1PROD with 
216 

•S 1910 RS

1 (D) by adding after paragraph (12) the fol2 lowing: 

3 ‘‘(13) the term ‘domestic partner’ has the mean4 ing given under section 2501.’’. 

5 (2) LEAVE REQUIREMENT.—Section 6382 is 

6 amended by striking ‘‘spouse,’’ each place that term 

7 appears and inserting ‘‘spouse (or domestic part8 ner),’’. 

9 (3) CERTIFICATION.—Section 6383 is amended 

10 in subsections (a) and (b)(4)(A) by striking ‘‘spouse,’’ 

11 each place it appears and inserting ‘‘spouse (or do12 mestic partner),’’. 

13 (b) CONGRESSIONAL ACCOUNTABILITY.—Section 202 

14 of the Congressional Accountability Act of 1995 (2 U.S.C. 

15 1312) is amended by adding at the end the following: 

16 ‘‘(f) COVERAGE OF EMPLOYEES WITH DOMESTIC

17 PARTNERS.— 

18 ‘‘(1) DEFINITION OF DOMESTIC PARTNER.—In 

19 this subsection, the term ‘domestic partner’ has the 

20 meaning given under section 2501 of title 5, United 

21 States Code. 

22 ‘‘(2) APPLICATION TO COVERED EMPLOYEES.—In 

23 the application of the Family and Medical Leave Act 

24 of 1993 (29 U.S.C. 2601 et seq.) under subsection 


pwalker on DSK7TPTVN1PROD with 
217 

•S 1910 RS

1 (a)(1) as to a covered employee who has a domestic 

2 partner— 

3 ‘‘(A) sections 102 through 105 of that Act 

4 shall apply as though ‘domestic partner’ were in5 serted after ‘spouse’ each place it appears in 

6 those sections; 

7 ‘‘(B) section 101(12) of that Act shall apply 

8 as though a child of the domestic partner of a 

9 covered employee, which child meets the condi10 tions of subparagraphs (A) and (B) of that sec11 tion, were included in the term ‘son or daughter’ 

12 as defined in that section; and 

13 ‘‘(C) if the covered employee and the domes14 tic partner of the covered employee are employed 

15 by the same employing office, the limit on the 

16 aggregate number of workweeks of leave to which 

17 both may be entitled, as stated in section 102(f) 

18 of that Act, shall apply. 

19 ‘‘(3) APPLICATION TO EMPLOYEES OF THE GOV20 ERNMENT ACCOUNTABILITY OFFICE.—In the applica21 tion of the Family and Medical Leave Act of 1993 (29 

22 U.S.C. 2601 et seq.) as to an employee of the Govern23 ment Accountability Office who has a domestic part24 ner— 


pwalker on DSK7TPTVN1PROD with 
218 

•S 1910 RS

1 ‘‘(A) sections 102 through 105 of that Act 

2 shall apply as though ‘domestic partner’ were in3 serted after ‘spouse’ each place it appears in 

4 those sections; 

5 ‘‘(B) section 101(12) of that Act shall apply 

6 as though a child of the domestic partner of the 

7 employee, which child meets the conditions of 

8 subparagraphs (A) and (B) of that section, were 

9 included in the term ‘son or daughter’ as defined 

10 in that section; and 

11 ‘‘(C) in any case in which the employee and 

12 the domestic partner of the employee are both 

13 employed by the Government Accountability Of14 fice, the limit on the aggregate number of work15 weeks of leave to which both may be entitled, as 

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

17 (c) PRESIDENTIAL AND EXECUTIVE OFFICE ACCOUNT18 ABILITY.—Section 412 of title 3, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(e) COVERAGE OF EMPLOYEES WITH DOMESTIC

21 PARTNERS.— 

22 ‘‘(1) DEFINITION OF DOMESTIC PARTNER.—In 

23 this subsection, the term ‘domestic partner’ has the 

24 meaning given under section 2501 of title 5. 


pwalker on DSK7TPTVN1PROD with 
219 

•S 1910 RS

1 ‘‘(2) APPLICATION TO COVERED EMPLOYEES.—In 

2 the application of the Family and Medical Leave Act 

3 of 1993 (29 U.S.C. 2601 et seq.) under subsection 

4 (a)(1) as to a covered employee who has a domestic 

5 partner— 

6 ‘‘(A) sections 102 through 105 of that Act 

7 shall apply as though ‘domestic partner’ were in8 serted after ‘spouse’ each place it appears in 

9 those sections; 

10 ‘‘(B) section 101(12) of that Act shall apply 

11 as though a child of the domestic partner of a 

12 covered employee, which child meets the condi13 tions of subparagraphs (A) and (B) of that sec14 tion, were included in the term ‘son or daughter’ 

15 as defined in that section; and 

16 ‘‘(C) if the covered employee and the domes17 tic partner of the covered employee are employed 

18 by the same employing office, the limit on the 

19 aggregate number of workweeks of leave to which 

20 both may be entitled, as stated in section 102(f) 

21 of that Act, shall apply.’’. 

22 SEC. 703. SETTLEMENT OF ACCOUNTS. 

23 Section 5582(b) is amended by inserting ‘‘(or sur24 viving domestic partner (as defined under section 2501))’’ 

25 after ‘‘widow or widower’’. 


pwalker on DSK7TPTVN1PROD with 
220 

•S 1910 RS

1 SEC. 704. PAYMENTS TO MISSING EMPLOYEES. 

2 (a) DEFINITIONS.—Section 5561 is amended— 

3 (1) in paragraph (3)— 

4 (A) in subparagraph (A), by striking ‘‘wife’’ 

5 and inserting ‘‘spouse (or domestic partner)’’; 

6 and 

7 (B) by striking subparagraph (B) and in8 serting— 

9 ‘‘(B) a child, including a dependent adopted 

10 child (or a dependent child of a domestic partner 

11 not adopted by or otherwise the child of the em12 ployee), who is— 

13 ‘‘(i) unmarried (and not in a domestic 

14 partnership); and 

15 ‘‘(ii) under 21 years of age;’’; 

16 (2) in paragraph (5)(E), by striking ‘‘and’’ at 

17 the end; 

18 (3) in paragraph (6)(F), by striking the period 

19 at the end and inserting ‘‘; and’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(7) ‘domestic partner’ and ‘domestic partner22 ship’ have the meanings given under section 2501.’’. 

23 (b) BENEFITS FOR CAPTIVES.—Section 5569 is 

24 amended by inserting ‘‘(or domestic partner)’’ after 

25 ‘‘spouse’’ each place it appears. 


pwalker on DSK7TPTVN1PROD with 
221 

•S 1910 RS

1 SEC. 705. ANNUITY OF THE COMPTROLLER GENERAL. 

2 (a) DEFINITIONS.—Section 771 of title 31, United 

3 States Code, is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘subchapter—’’ and inserting ‘‘subchapter:’’; 

6 (2) in paragraph (1)— 

7 (A) by inserting ‘‘The term’’ after ‘‘(1)’’; 

8 and 

9 (B) by inserting ‘‘(or the child of a report10 ing Comptroller General’s domestic partner not 

11 adopted by or otherwise the child of the Comp12 troller General)’’ after ‘‘including a stepchild’’; 

13 and 

14 (3) by striking paragraphs (2) and (3) and in15 serting the following: 

16 ‘‘(2) The terms ‘domestic partner’ and ‘domestic 

17 partnership’ have the meanings given under section 

18 2501 of title 5. 

19 ‘‘(3) The term ‘surviving spouse’ means a sur20 viving spouse of an individual who was a Comp21 troller General or retired Comptroller General and the 

22 spouse— 

23 ‘‘(A) was married to the individual for at 

24 least 1 year immediately before the individual 

25 died; or 


pwalker on DSK7TPTVN1PROD with 
222 

•S 1910 RS

1 ‘‘(B) has not remarried (or entered into a 

2 domestic partnership) before age 55 and is the 

3 parent of issue by the marriage. 

4 ‘‘(4) The term ‘surviving partner’ means a sur5 viving domestic partner of an individual who was a 

6 Comptroller General or retired Comptroller General 

7 and the domestic partner— 

8 ‘‘(A) was in a domestic partnership for at 

9 least 1 year immediately before the individual 

10 died; or 

11 ‘‘(B)(i) has not entered into a subsequent 

12 domestic partnership or married before age 55; 

13 and 

14 ‘‘(ii) satisfies other requirements, related to 

15 parenthood and the domestic partnership, pre16 scribed by the Director of the Office of Personnel 

17 Management by regulation under sections 

18 8341(3)(b) and 8441(3)(B) of title 5, as deter19 mined and applied by the General Counsel of the 

20 Government Accountability Office on the basis of 

21 those regulations. 

22 ‘‘(5) Service as a Comptroller General equals the 

23 number of years and complete months an individual 

24 is Comptroller General.’’. 


pwalker on DSK7TPTVN1PROD with 
223 

•S 1910 RS

1 (b) ELECTION OF SURVIVOR BENEFITS.—Section 773 

2 of title 31, United States Code, is amended— 

3 (1) in subsection (b)(2)(B), by inserting ‘‘(or do4 mestic partner’s)’’ after ‘‘surviving spouse’s’’; 

5 (2) in subsection (c), by inserting ‘‘(or surviving 

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

7 (3) in subsection (d), by inserting ‘‘(or domestic 

8 partner)’’ before the period. 

9 (c) SURVIVOR ANNUITIES.—Section 774 of title 31, 

10 United States Code, is amended— 

11 (1) in subsection (c)— 

12 (A) by striking paragraph (1) and inserting 

13 the following: 

14 ‘‘(1) only by a spouse (or domestic partner), the 

15 surviving spouse (or surviving domestic partner) shall 

16 receive an annuity computed under subsection (d) of 

17 this section beginning on the death of the Comptroller 

18 General or retired Comptroller General or when the 

19 spouse (or domestic partner) is 50 years of age, 

20 whichever is later;’’; 

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

22 spouse and a dependent child, the surviving 

23 spouse’’ and inserting ‘‘by a spouse (or domestic 

24 partner) and a dependent child, the surviving 

25 spouse (or surviving domestic partner)’’; and 


pwalker on DSK7TPTVN1PROD with 
224 

•S 1910 RS

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

2 surviving domestic partner)’’ after ‘‘surviving 

3 spouse’’; 

4 (2) in subsection (d), by inserting ‘‘(or surviving 

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

6 (3) in subsection (e)— 

7 (A) by inserting ‘‘(or surviving domestic 

8 partner’s)’’ after ‘‘A surviving spouse’s’’; 

9 (B) by inserting ‘‘(or surviving domestic 

10 partner’s)’’ after ‘‘a surviving spouse’s’’; and 

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

12 after ‘‘unless the spouse’’. 

13 (d) REFUNDS.—Section 775 of title 31, United States 

14 Code, is amended— 

15 (1) in subsection (d)(2), by inserting ‘‘(or sur16 viving domestic partner)’’ after ‘‘surviving spouse’’; 

17 and 

18 (2) in subsection (e), by inserting ‘‘(or surviving 

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

20 (e) PAYMENT OF SURVIVOR BENEFITS.—Section 

21 776(b) of title 31, United States Code, is amended— 

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

23 spouse’s annuity ends when the spouse remarries’’ 

24 and inserting ‘‘A surviving spouse’s (or surviving do25 mestic partner’s) annuity ends when the spouse reVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
225 

•S 1910 RS

1 marries (or enters into a domestic partnership) (or 

2 when the surviving domestic partner enters into an3 other domestic partnership or marries)’’; 

4 (2) in paragraph (2), by striking ‘‘marries, or 

5 dies, whichever is earliest. However, if a child is not 

6 self-supporting because of a physical or mental dis7 ability, an annuity ends when the child recovers, 

8 marries’’ and inserting ‘‘marries (or enters into a do9 mestic partnership), or dies, whichever is earliest. 

10 However, if a child is not self-supporting because of 

11 a physical or mental disability, an annuity ends 

12 when the child recovers, marries (or enters into a do13 mestic partnership)’’; and 

14 (3) in paragraph (3), by inserting ‘‘(or surviving 

15 domestic partner)’’ after ‘‘a surviving spouse’’. 

16 (f) ANNUITY INCREASES.—Section 777(b) of title 31, 

17 United States Code, is amended by inserting ‘‘(or surviving 

18 domestic partner’s)’’ after ‘‘A surviving spouse’s’’. 


pwalker on DSK7TPTVN1PROD with 
226 

•S 1910 RS

1 TITLE VIII—ETHICS IN GOVERN2 MENT, CONFLICTS OF INTER3 EST, EMPLOYMENT OF REL4 ATIVES, GIFTS, AND EM5 PLOYEE CONDUCT 

6 SEC. 801. ETHICS IN GOVERNMENT ACT OF 1978. 

7 (a) CONTENTS OF REPORTS.—Section 102 of the Eth8 ics in Government Act of 1978 (5 U.S.C. App.) is amend9 ed— 

10 (1) in subsection (a)— 

11 (A) in paragraph (2)(A), by inserting ‘‘(or 

12 the domestic partner or a parent, child, or sib13 ling of the domestic partner)’’ after ‘‘relative’’; 

14 (B) in paragraph (3), by striking ‘‘spouse, 

15 or by a parent, brother, sister, or child of the re16 porting individual or of the reporting individ17 ual’s spouse,’’ and inserting ‘‘spouse (or domestic 

18 partner), or by a parent, brother, sister, or child 

19 of the reporting individual or of the reporting 

20 individual’s spouse (or of the reporting individ21 ual’s domestic partner),’’; 

22 (C) in paragraph (4)— 

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘spouse, or a parent, 

25 brother, sister, or child of the reporting inVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
227 

•S 1910 RS

1 dividual or of the reporting individual’s 

2 spouse’’ and inserting ‘‘spouse (or domestic 

3 partner), or a parent, brother, sister, or 

4 child of the reporting individual or of the 

5 reporting individual’s spouse (or of the re6 porting individual’s domestic partner),’’; 

7 and 

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

9 ‘‘(or domestic partner)’’ after ‘‘spouse’’; and 

10 (D) in paragraph (5), by inserting ‘‘(or do11 mestic partner)’’ after ‘‘spouse’’ each place that 

12 term appears; 

13 (2) in subsection (e)— 

14 (A) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A) and subparagraphs (A), (B), (C), 

17 and (D) by inserting ‘‘(or domestic part18 ner)’’ after ‘‘spouse’’ each place that term 

19 appears; 

20 (ii) in subparagraph (E), by inserting 

21 ‘‘(or domestic partner’s)’’ after ‘‘spouse’s’’; 

22 (iii) in subparagraph (F)— 

23 (I) by inserting ‘‘(and domestic 

24 partners)’’ after ‘‘spouses’’; and 


pwalker on DSK7TPTVN1PROD with 
228 

•S 1910 RS

1 (II) by inserting ‘‘(or domestic 

2 partner)’’ after ‘‘spouse’’; and 

3 (iv) in the matter following subpara4 graph (F), by inserting ‘‘(or domestic part5 ner)’’ after ‘‘spouse’’; and 

6 (B) in paragraph (2), by inserting ‘‘(or the 

7 termination of the reporting individual’s domes8 tic partnership)’’ after ‘‘his spouse’’; and 

9 (3) in subsection (f), by inserting ‘‘(or domestic 

10 partner)’’ after ‘‘spouse’’ each place that term ap11 pears. 

12 (b) DEFINITIONS RELATING TO FINANCIAL DISCLO13 SURE.— 

14 (1) IN GENERAL.—Section 109 of the Ethics in 

15 Government Act of 1978 (5 U.S.C. App.) is amend16 ed— 

17 (A) in paragraph (2)— 

18 (i) in the matter preceding subpara19 graph (A), by inserting ‘‘(or who is a son 

20 or daughter of the reporting individual’s do21 mestic partner)’’ after ‘‘stepdaughter’’; 

22 (ii) in subparagraph (A), by striking 

23 ‘‘unmarried’’ and inserting ‘‘not married 

24 (and not in a domestic partnership)’’; and 


pwalker on DSK7TPTVN1PROD with 
229 

•S 1910 RS

1 (iii) in subparagraph (B), by inserting 

2 ‘‘(or, in the case of a son or daughter of the 

3 reporting individual’s domestic partner, 

4 would be a dependent within the meaning of 

5 such section if the requirements of sub6 sections (c)(1)(A) and (d)(1)(A) of such sec7 tion were disregarded)’’ before the semi8 colon; 

9 (B) by redesignating paragraphs (4) 

10 through (19) as paragraphs (5) through (20), re11 spectively; and 

12 (C) by inserting after paragraph (3) the fol13 lowing: 

14 ‘‘(4) ‘domestic partner’ and ‘domestic partner15 ship’ have the meanings given under section 2501 of 

16 title 5, United States Code.’’. 

17 (2) TECHNICAL AND CONFORMING AMEND18 MENTS.— 

19 (A) ETHICS IN GOVERNMENT ACT OF 1978.— 

20 The Ethics in Government Act of 1978 (5 U.S.C. 

21 App.) is amended— 

22 (i) in section 101(f)— 

23 (I) in paragraph (9), by striking 

24 ‘‘section 109(12)’’ and inserting ‘‘sec25 tion 109(13)’’; 


pwalker on DSK7TPTVN1PROD with 
230 

•S 1910 RS

1 (II) in paragraph (10), by strik2 ing ‘‘section 109(13)’’ and inserting 

3 ‘‘section 109(14)’’; 

4 (III) in paragraph (11), by strik5 ing ‘‘section 109(10)’’ and inserting 

6 ‘‘section 109(11)’’; and 

7 (IV) in paragraph (12), by strik8 ing ‘‘section 109(8)’’ and inserting 

9 ‘‘section 109(9)’’; and 

10 (ii) in section 105(b)(3)(A), by striking 

11 ‘‘section 109(8) or 109(10)’’ and inserting 

12 ‘‘section 109(9) or (11)’’. 

13 (B) OTHER PROVISIONS.— 

14 (i) LOBBYING DISCLOSURE ACT OF

15 1995.—Section 3(4)(D) of the Lobbying Dis16 closure Act of 1995 (2 U.S.C. 1602(4)(D)) is 

17 amended by striking ‘‘section 109(13)’’ and 

18 inserting ‘‘section 109(14)’’. 

19 (ii) PUBLIC HEALTH SERVICE ACT.— 

20 Section 499(j)(2) of the Public Health Serv21 ice Act (42 U.S.C. 290b(j)(2)) is amended 

22 by striking ‘‘section 109(16)’’ and inserting 

23 ‘‘section 109(17)’’. 

24 (c) OUTSIDE EARNED INCOME LIMITATION.—Section 

25 501(c) of the Ethics in Government Act of 1978 (5 U.S.C. 


pwalker on DSK7TPTVN1PROD with 
231 

•S 1910 RS

1 App.) is amended by striking ‘‘spouse, child, or dependent 

2 relative of such individual’’ and inserting ‘‘spouse (or do3 mestic partner), child, or dependent relative of such indi4 vidual (or child, sibling, or parent of such individual’s do5 mestic partner, which child, sibling, or parent is a depend6 ent of such individual)’’. 

7 (d) DEFINITIONS RELATING TO OUTSIDE EARNED IN8 COME AND EMPLOYMENT.—Section 505 of the Ethics in 

9 Government Act of 1978 (5 U.S.C. App.) is amended— 

10 (1) in paragraph (3), by inserting ‘‘(or the indi11 vidual’s domestic partner, or a parent, child, or sib12 ling of the individual’s domestic partner)’’ after ‘‘rel13 ative’’; and 

14 (2) in paragraph (4), by inserting ‘‘(or the do15 mestic partner, or a parent, child, or sibling of the 

16 domestic partner)’’ after ‘‘relative’’. 

17 SEC. 802. CONFLICTS OF INTEREST. 

18 (a) COMPENSATION TO MEMBERS OF CONGRESS, OFFI19 CERS, AND OTHERS IN MATTERS AFFECTING THE GOVERN20 MENT.—Section 203(d) of title 18, United States Code, is 

21 amended in the matter preceding paragraph (1) by insert22 ing ‘‘(or domestic partner, as that term is defined in section 

23 2501 of title 5)’’ after ‘‘spouse’’. 

24 (b) ACTIVITIES OF OFFICERS AND EMPLOYEES IN

25 CLAIMS AGAINST AND OTHER MATTERS AFFECTING THE


pwalker on DSK7TPTVN1PROD with 
232 

•S 1910 RS

1 GOVERNMENT.—Section 205(e) of title 18, United States 

2 Code, is amended in the matter preceding paragraph (1) 

3 by inserting ‘‘(or domestic partner, as that term is defined 

4 in section 2501 of title 5)’’ after ‘‘spouse’’. 

5 (c) ACTS AFFECTING A PERSONAL FINANCIAL INTER6 EST.—Section 208(a) of title 18, United States Code, is 

7 amended by inserting ‘‘(or domestic partner, as that term 

8 is defined in section 2501 of title 5)’’ after ‘‘spouse’’. 

9 SEC. 803. EMPLOYMENT OF RELATIVES, RESTRICTIONS. 

10 Section 3110 is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (2), by striking ‘‘and’’ at 

13 the end; 

14 (B) in paragraph (3), by striking the period 

15 and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(4) ‘domestic partner’ has the meaning given 

18 under section 2501.’’; and 

19 (2) in subsection (b), by inserting ‘‘The restric20 tions in this subsection shall apply also to a public 

21 official with respect to any individual, and to any in22 dividual with respect to a public official, if the indi23 vidual is the public official’s domestic partner; is a 

24 parent, child, or sibling of the public official’s domesVerDate Mar 15 2010 03:45 Dec 20, 2012 Jkt 029200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6203 E:\BILLS\S1910.RS S1910

pwalker on DSK7TPTVN1PROD with 
233 

•S 1910 RS

1 tic partner; or is the domestic partner of a child, par2 ent, or sibling of the public official.’’ at the end. 

3 SEC. 804. RECEIPT AND DISPOSITION OF FOREIGN GIFTS 

4 AND DECORATIONS. 

5 Section 7342(a)(1) is amended— 

6 (1) in paragraph (1)(G), by inserting ‘‘(or do7 mestic partner)’’ after ‘‘spouse’’ each place it appears; 

8 (2) in paragraph (5), by striking ‘‘and’’ at the 

9 end; 

10 (3) in paragraph (6), by striking the period at 

11 the end and inserting ‘‘; and’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(7) ‘domestic partner’ has the same meaning 

14 given under section 2501.’’. 

15 SEC. 805. REGULATION OF CONDUCT; GIFTS. 

16 (a) IN GENERAL.—Regulations under section 7301 of 

17 title 5, United States Code, shall be modified by the Presi18 dent, and regulations under sections 7351 and 7353 of that 

19 title shall be modified by the Office of Government Ethics, 

20 so as to provide that any benefits and obligations applicable 

21 to married employees and their spouses shall also apply to 

22 employees in domestic partnerships and their domestic 

23 partners. 


pwalker on DSK7TPTVN1PROD with 
234 

•S 1910 RS

1 (b) DEFINITION.—In this section, the term ‘‘domestic 

2 partner’’ has the meaning given under section 2501 of title 

3 5, United States Code. 

4 SEC. 806. ACCEPTANCE OF TRAVEL ASSISTANCE FROM NON5 FEDERAL SOURCES. 

6 Section 1353(a) of title 31, United States Code, is 

7 amended by inserting ‘‘(or domestic partner (as defined 

8 under section 2501 of title 5))’’ after ‘‘spouse’’. 


pwalker on DSK7TPTVN1PROD with 

pwalker on DSK7TPTVN1PROD with 
Calendar No. 572 

112TH CONGRESS 

2D SESSION S. 1910 

[Report No. 112–257] 

A BILL 

To provide benefits to domestic partners of Federal 

employees. 

DECEMBER 19, 2012 

Reported with an amendment 


pwalker on DSK7TPTVN1PROD with