II 

113TH CONGRESS 

1ST SESSION S. 1529 

To provide benefits to domestic partners of Federal employees. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 19, 2013 

Ms. BALDWIN (for herself and Ms. COLLINS) introduced the following bill; 

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

A BILL 

To provide benefits to domestic partners of Federal 

employees. 

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

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

4 CONTENTS. 

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

6 ‘‘Domestic Partnership Benefits and Obligations Act of 

7 2013’’. 

8 (b) REFERENCES.—Except as otherwise expressly 

9 provided, whenever in this Act an amendment or repeal 

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


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 1529 IS

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

3 5, United States Code. 

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

5 this Act is as follows: 

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

Sec. 2. Purpose. 

TITLE I—ESTABLISHMENT AND TERMINATION OF DOMESTIC 

PARTNERSHIPS; OTHER GENERAL PROVISIONS 

Sec. 101. Federal employees in domestic partnerships. 

Sec. 102. Guidance and educational materials. 

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

are established. 

Sec. 104. Effective date. 

TITLE II—CIVIL SERVICE RETIREMENT SYSTEM 

Sec. 201. Definitions. 

Sec. 202. Creditable service. 

Sec. 203. Computation of annuity. 

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

Sec. 205. Survivor annuities. 

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

Sec. 207. Alternative forms of annuities. 

Sec. 208. Administration; regulations. 

Sec. 209. Participation in the Thrift Savings Plan. 

TITLE III—FEDERAL EMPLOYEES’ RETIREMENT SYSTEM 

Subtitle A—General Provisions 

Sec. 301. Definitions. 

Subtitle B—Creditable Service 

Sec. 311. Creditable service. 

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

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

Sec. 314. Survivor elections; deposit; offsets. 

Sec. 315. Survivor reductions; computation. 

Sec. 316. Insurable interest reductions. 

Sec. 317. Alternative forms of annuities. 

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

Subtitle C—Thrift Savings Plan 

Sec. 321. Benefits and election of benefits. 

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


tjames on DSK6SPTVN1PROD with BILLS
3 

•S 1529 IS

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

former domestic partners. 

Sec. 324. Justices and judges. 

Subtitle D—Survivor Annuities 

Sec. 331. Definitions. 

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

Sec. 333. Rights of a child. 

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

Subtitle E—General Administrative Provisions 

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

Sec. 342. Cost-of-living adjustments. 

Subtitle F—Federal Retirement Thrift Investment Management System 

Sec. 351. Fiduciary responsibilities; liability and penalties. 

TITLE IV—INSURANCE BENEFITS 

Sec. 401. Life insurance. 

Sec. 402. Health insurance. 

Sec. 403. Enhanced dental benefits. 

Sec. 404. Enhanced vision benefits. 

Sec. 405. Long-term care insurance. 

TITLE V—TRAVEL, TRANSPORTATION, AND SUBSISTENCE 

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

Sec. 502. Definition. 

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

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

expenses of employees transferred. 

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

assignment. 

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

Sec. 507. Regulations to include domestic partners. 

TITLE VI—COMPENSATION FOR WORK INJURIES 

Sec. 601. Definitions. 

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

service with an Armed Force. 

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

Sec. 604. Augmented compensation for dependents. 

Sec. 605. Limitations on right to receive compensation. 

Sec. 606. Compensation in case of death. 

Sec. 607. Lump-sum payment. 

Sec. 608. Employees of nonappropriated fund instrumentalities. 

Sec. 609. Effective date. 

TITLE VII—EMPLOYEE LEAVE; DEATH OR CAPTIVITY 

COMPENSATION; OTHER EMPLOYEE BENEFITS 


tjames on DSK6SPTVN1PROD with BILLS
4 

•S 1529 IS

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 

5 are the same as the employment benefits and obligations 

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

8 TITLE I—ESTABLISHMENT AND 

9 TERMINATION OF DOMESTIC 

10 PARTNERSHIPS; OTHER GEN11 ERAL PROVISIONS 

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

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

15 by inserting after section 2305 the following: 

16 ‘‘CHAPTER 25—FEDERAL EMPLOYEES IN 

17 DOMESTIC PARTNERSHIPS 

‘‘Sec. 


tjames on DSK6SPTVN1PROD with BILLS
5 

•S 1529 IS

‘‘2501. Definitions. 

‘‘2502. Establishment and termination of domestic partnerships. 

1 ‘‘§ 2501. Definitions 

2 ‘‘In this chapter— 

3 ‘‘(1) the term ‘annuitant’ means— 

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

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

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

8 President, any other individual who is entitled 

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

11 of the Government; 

12 ‘‘(2) the term ‘covered state’ means a State, 

13 foreign country, or political subdivision of a foreign 

14 country in which a marriage between 2 individuals 

15 of the same sex is recognized under the law of that 

16 State, country, or political subdivision; 

17 ‘‘(3) the term ‘Director’ means the Director of 

18 the Office of Personnel Management; 

19 ‘‘(4) the term ‘domestic partner’ means either 

20 of the individuals in a domestic partnership; 

21 ‘‘(5) the term ‘domestic partnership’ means a 

22 relationship between 2 individuals of the same sex, 

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

24 or annuitant, that has been established under secVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
6 

•S 1529 IS

1 tion 2502(a) and not terminated under section 

2 2502(b); 

3 ‘‘(6) the term ‘employee’ means— 

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

5 2105, including an employee referred to in sub6 section (c) or (e) of that section; 

7 ‘‘(B) a Member of Congress; 

8 ‘‘(C) the President; 

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

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

11 or 9001; or 

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

13 by the Government and is included within this 

14 definition under regulations prescribed by the 

15 President or a designee of the President; and 

16 ‘‘(7) the term ‘State’ means each of the several 

17 States, the District of Columbia, the Commonwealth 

18 of Puerto Rico, or any other territory or possession 

19 of the United States. 

20 ‘‘§ 2502. Establishment and termination of domestic 

21 partnerships 

22 ‘‘(a) ESTABLISHMENT OF DOMESTIC PARTNER23 SHIP.— 

24 ‘‘(1) An employee, former employee, or annu25 itant and another individual (who may also be an 


tjames on DSK6SPTVN1PROD with BILLS
7 

•S 1529 IS

1 employee, former employee, or annuitant) may es2 tablish a domestic partnership as provided in this 

3 section for the purposes of the provisions of law to 

4 which this chapter applies. 

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

6 individuals referred to in paragraph (1) shall jointly 

7 execute, and the employee, former employee, or an8 nuitant shall file, an affidavit in such form and filed 

9 in such manner as the Director shall by regulation 

10 prescribe. 

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

12 (2), each of the individuals shall attest to the fol13 lowing: 

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

15 sex; and 

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

17 an employee, former employee, or annuitant. 

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

19 domestic-partnership relationship with each 

20 other satisfying the conditions in clauses (ii), 

21 (iii), and (iv) and intend to remain so indefi22 nitely. 

23 ‘‘(ii) The individuals have a common resi24 dence and intend to continue to do so (or would 

25 have a common residence, but are prevented 


tjames on DSK6SPTVN1PROD with BILLS
8 

•S 1529 IS

1 from doing so because of an assignment abroad 

2 or other employment-related factors, financial 

3 considerations, family responsibilities, or other 

4 similar reason (which shall be specifically iden5 tified in the affidavit)). 

6 ‘‘(iii) The individuals share responsibility 

7 for a significant measure of each other’s welfare 

8 and financial obligations. 

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

10 a domestic partnership with anyone except each 

11 other. 

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

13 of age and mentally competent to consent to a 

14 contract. 

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

16 each other by blood in a way that would pro17 hibit legal marriage between individuals other18 wise eligible to marry in the jurisdiction (or, if 

19 applicable, in any jurisdiction) in which the in20 dividuals have a common residence. 

21 ‘‘(E) Neither individual reside in a covered 

22 state. 

23 ‘‘(F) Each of the individuals understands 

24 that— 


tjames on DSK6SPTVN1PROD with BILLS
9 

•S 1529 IS

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 or the condition under subparagraph (E) 

15 ceases to be satisfied for not less than 6 

16 months, and, if 1 domestic partner dies, 

17 the other is required to file a notification 

18 under subsection (b)(3) within 30 days 

19 after the death; and 

20 ‘‘(iii) willful falsification of informa21 tion in the affidavit, or willful failure to 

22 file notification as required under sub23 section (b)(2) or (3), may lead to recovery 

24 of amounts obtained as a result of such 

25 falsification or failure, disciplinary action 


tjames on DSK6SPTVN1PROD with BILLS
10 

•S 1529 IS

1 against an employee, and criminal or other 

2 penalties. 

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

4 ‘‘(1) A domestic partnership is terminated 

5 upon— 

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

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

8 paragraph (2) by either or both domestic part9 ners; or 

10 ‘‘(C) the satisfaction of such other condi11 tions as the Director may by regulation pre12 scribe. 

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

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

15 ceases to be satisfied, or if the condition referred to 

16 under subsection (a)(3)(E) has ceased to exist for 

17 not less than 6 months, either or both of the domes18 tic partners shall, within 30 days after the condition 

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

20 in such form and in such manner as prescribed by 

21 the Director in regulation, stating that the condition 

22 is no longer satisfied and that the domestic partner23 ship is terminated. 

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

25 notification under subparagraph (A) be timely filed, 


tjames on DSK6SPTVN1PROD with BILLS
11 

•S 1529 IS

1 but the duty of 1 domestic partner shall be satisfied 

2 if the other domestic partner timely executes and 

3 files the required notification. 

4 ‘‘(C) The Director shall promulgate regulations 

5 establishing the criteria for determining when any 

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

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

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

9 domestic partner shall, within 30 days after the 

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

11 such form and in such manner as prescribed by the 

12 Director in regulation. 

13 ‘‘(c) EFFECTIVENESS OF THE FILING OF AN AFFI14 DAVIT.— 

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

16 (a)(2) shall not be effective for purposes of this sec17 tion unless the filing individual is an employee, 

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

19 filing. 

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

21 provisions of law to which this chapter applies, be 

22 treated as being in a domestic partnership— 

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

24 accordance with this section and with regula25 tions prescribed by the Director; or 


tjames on DSK6SPTVN1PROD with BILLS
12 

•S 1529 IS

1 ‘‘(B) after the earlier of— 

2 ‘‘(i) the date of the death of either in3 dividual; or 

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

5 partnership is otherwise terminated, as de6 termined under regulations prescribed by 

7 the Director. 

8 ‘‘(d) ADDITIONAL NOTIFICATIONS TO GOVERNMENT

9 EMPLOYER.—A domestic partner employed by an entity 

10 of the United States shall provide such notifications to the 

11 employing entity of the formation, existence, or termi12 nation of the domestic partnership, in addition to the fil13 ings required under subsections (a) and (b), as may be 

14 required, and in such form and in such manner as pre15 scribed, by the Director in regulation. 

16 ‘‘(e) APPLICABILITY.— 

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

18 provisions of this title (excluding chapter 81). 

19 ‘‘(2) Two individuals determined under section 

20 8101(21) or 8171(e)(1)(A) to be domestic partners 

21 for purposes of chapter 81 shall be deemed to be do22 mestic partners in a domestic partnership, as de23 fined under section 2501, for purposes of any provi24 sion of law to which that definition applies. 


tjames on DSK6SPTVN1PROD with BILLS
13 

•S 1529 IS

1 ‘‘(3) Under regulations prescribed by the Presi2 dent, the Secretary of Labor shall inform the Direc3 tor of any individuals determined under section 

4 8101(21) or 8171(e)(1)(A) to be domestic partners. 

5 ‘‘(f) REGULATIONS.—The Director shall issue regula6 tions to carry out subsection (a) through (d).’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

10 chapter 23 the following: 

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

11 SEC. 102. GUIDANCE AND EDUCATIONAL MATERIALS. 

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

13 have authority to develop and issue guidance and edu14 cational materials with respect to benefits and obligations 

15 established under the amendments made by this Act and 

16 the measures taken under section 103 shall issue the ma17 terials— 

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

19 (2) if in the executive branch, under the coordi20 nation of the Director of the Office of Personnel 

21 Management. 

22 (b) OFFICE OF PERSONNEL MANAGEMENT.—The 

23 Director of the Office of Personnel Management shall, to 

24 the greatest extent practicable— 


tjames on DSK6SPTVN1PROD with BILLS
14 

•S 1529 IS

1 (1) compile the materials referred to under sub2 section (a); 

3 (2) prepare and issue guidance and educational 

4 materials with respect to benefits and obligations 

5 available to domestic partners of certain Secret Serv6 ice and Park Police Officers who are covered under 

7 the DC Police Officers’ and Firefighters’ Retirement 

8 Plan, and include that guidance documentation in 

9 the compilation under paragraph (1); and 

10 (3) ensure that such materials are readily avail11 able to employees and their domestic partners, both 

12 in print form and by publicly accessible website. 

13 (c) TIMELINESS.—To the maximum extent prac14 ticable, the materials shall be— 

15 (1) prepared and made readily available not 

16 later than 30 days before the effective date of this 

17 Act; and 

18 (2) updated as necessary. 

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

20 on the date of enactment of this Act. 

21 SEC. 103. REVIEW OF PROGRAMS UNDER WHICH EMPLOY22 MENT BENEFITS AND OBLIGATIONS ARE ES23 TABLISHED. 

24 (a) DEFINITIONS.—In this section— 


tjames on DSK6SPTVN1PROD with BILLS
15 

•S 1529 IS

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

2 power, privilege, immunity, or protection, whether 

3 substantive, procedural, remedial, or otherwise; 

4 (2) the term ‘‘covered state’’ means a State, 

5 foreign country, or political subdivision of a foreign 

6 country in which a marriage between 2 individuals 

7 of the same sex is recognized under the law of that 

8 State, country, or political subdivision; 

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

10 of the individuals in a domestic partnership; 

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

12 relationship between 2 individuals— 

13 (A) who are of the same sex; 

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

15 (C)(i) who are in a committed domestic16 partnership relationship with each other satis17 fying the conditions in clauses (ii), (iii), and (iv) 

18 and intend to remain so indefinitely; 

19 (ii) who have a common residence and in20 tend to continue to do so (or would have a com21 mon residence, but are prevented from doing so 

22 because of such reasons as an assignment 

23 abroad or other employment-related factors, fi24 nancial considerations, family responsibilities, 

25 or other such reasons); 


tjames on DSK6SPTVN1PROD with BILLS
16 

•S 1529 IS

1 (iii) who share responsibility for a signifi2 cant measure of each other’s welfare and finan3 cial obligations; and 

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

5 domestic partnership with anyone except each 

6 other; 

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

8 age and mentally competent to consent to a 

9 contract; 

10 (E) 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 (F) neither of whom reside in a covered 

17 state; 

18 (5) 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 


tjames on DSK6SPTVN1PROD with BILLS
17 

•S 1529 IS

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; 

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

10 disability, or liability, whether substantive, proce11 dural, remedial, or otherwise; and 

12 (7) the term ‘‘State’’ means each of the several 

13 States, the District of Columbia, the Commonwealth 

14 of Puerto Rico, or any other territory or possession 

15 of the United States. 

16 (b) REVIEWS, ADDITIONAL MEASURES, REC17 OMMENDATIONS, AND REPORTS TO CONGRESS.—Not later 

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

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

20 the President and designees of the President shall— 

21 (1) conduct a review of the employment benefits 

22 and of the employment obligations applied to mar23 ried employees and their spouses to determine what 

24 authority exists for the President and designees of 

25 the President to apply such benefits and obligations 


tjames on DSK6SPTVN1PROD with BILLS
18 

•S 1529 IS

1 to employees who have domestic partners and the 

2 domestic partners of those employees; 

3 (2) include within the review under paragraph 

4 (1) all employment benefits and obligations under 

5 regulations prescribed by the President or a designee 

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

7 agency or department of the executive branch; 

8 (3) take any additional measures that can be 

9 taken, to the greatest extent practicable and con10 sistent with law, to apply such benefits and obliga11 tions to employees with domestic partners and the 

12 domestic partners of those employees; 

13 (4) develop recommendations for any legislation 

14 to further apply such benefits and obligations to em15 ployees with domestic partners and the domestic 

16 partners of those employees; and 

17 (5) submit a report to Congress summarizing 

18 the review, determinations, and recommendations 

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

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

21 on the date of enactment of this Act. 

22 SEC. 104. EFFECTIVE DATE. 

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

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


tjames on DSK6SPTVN1PROD with BILLS
19 

•S 1529 IS

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

2 Act. 

3 (b) APPLICATION TO CURRENT AND FUTURE EM4 PLOYEES.—An employee, former employee, or annuitant 

5 shall be eligible to establish a domestic partnership by fil6 ing an affidavit under section 2502(a)(2) of title 5, United 

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

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

9 been employed as an employee on or after the effective 

10 date of this Act. 

11 TITLE II—CIVIL SERVICE 

12 RETIREMENT SYSTEM 

13 SEC. 201. DEFINITIONS. 

14 Section 8331 is amended— 

15 (1) in paragraph (23), by striking subpara16 graph (B) and inserting the following: 

17 ‘‘(B) if the former spouse— 

18 ‘‘(i) was married to the individual for 

19 not less than 9 months; or 

20 ‘‘(ii) was in a domestic partnership 

21 with the individual immediately before a 

22 marriage to such individual, and the com23 bined duration of the domestic partnership 

24 and marriage was not less than 9 

25 months;’’; 


tjames on DSK6SPTVN1PROD with BILLS
20 

•S 1529 IS

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

2 end; 

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

4 and inserting a semicolon; and 

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

6 ‘‘(32) ‘domestic partner’ and ‘domestic partner7 ship’ have the meanings given under section 2501; 

8 and 

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

10 domestic partner of an individual— 

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

12 18 months of civilian service covered under this 

13 subchapter as an employee or Member; and 

14 ‘‘(B) if the former domestic partner— 

15 ‘‘(i) was in a domestic partnership 

16 with the individual for not less than 9 

17 months; or 

18 ‘‘(ii) was married to the individual im19 mediately before entering into a domestic 

20 partnership with such individual, and the 

21 combined duration of the marriage and do22 mestic partnership was not less than 9 

23 months.’’. 

24 SEC. 202. CREDITABLE SERVICE. 

25 Section 8332 is amended— 


tjames on DSK6SPTVN1PROD with BILLS
21 

•S 1529 IS

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

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

3 former domestic partner).’’; and 

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

5 by striking ‘‘spouse’’ each place it appears and in6 serting ‘‘spouse (or domestic partner),’’. 

7 SEC. 203. COMPUTATION OF ANNUITY. 

8 Section 8339 is amended— 

9 (1) in subsection (j)— 

10 (A) in paragraph (1)— 

11 (i) by inserting ‘‘(or domestic part12 ner)’’ after ‘‘the spouse’’ each place it ap13 pears; 

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

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

16 (iii) by inserting ‘‘(or domestic part17 ner’s)’’ after ‘‘the spouse’s’’ each place it 

18 appears; 

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

20 former domestic partner)’’ after ‘‘former 

21 spouse’’ each place it appears; 

22 (C) in paragraph (3)— 

23 (i) in the first sentence— 


tjames on DSK6SPTVN1PROD with BILLS
22 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
23 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
24 

•S 1529 IS

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 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
25 

•S 1529 IS

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) 


tjames on DSK6SPTVN1PROD with BILLS
26 

•S 1529 IS

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 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
27 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
28 

•S 1529 IS

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— 


tjames on DSK6SPTVN1PROD with BILLS
29 

•S 1529 IS

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 and 

15 (B) in paragraph (2)— 

16 (i) by striking the matter before sub17 paragraph (B) and inserting the following: 

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

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

20 under a provision of law which permits election of a re21 duced annuity with a survivor annuity payable to such em22 ployee’s or Member’s spouse (or domestic partner) and 

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

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

25 Office— 


tjames on DSK6SPTVN1PROD with BILLS
30 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
31 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
32 

•S 1529 IS

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 striking paragraphs (1) and (2) and 

17 inserting the following: 

18 ‘‘(1) ‘widow’ means the surviving wife of an em19 ployee or Member who— 

20 ‘‘(A) was married to such employee or 

21 Member for not less than 9 months immediately 

22 before the death of such employee or Member; 

23 ‘‘(B) was married to such employee or 

24 Member immediately before the death of such 

25 employee or Member, was in a domestic partVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
33 

•S 1529 IS

1 nership with such employee or Member imme2 diately before the marriage to such employee or 

3 Member, and the combined duration of the do4 mestic partnership and marriage was not less 

5 than 9 months; or 

6 ‘‘(C) is the mother of issue by that mar7 riage; 

8 ‘‘(2) ‘widower’ means the surviving husband of 

9 an employee or Member who— 

10 ‘‘(A) was married to the employee or Mem11 ber for not less than 9 months immediately be12 fore the death of the employee or Member; 

13 ‘‘(B) was married to such employee or 

14 Member immediately before the death of such 

15 employee or Member, was in a domestic part16 nership with the employee or Member imme17 diately before the marriage to such employee or 

18 Member, and the combined duration of the do19 mestic partnership and marriage was not less 

20 than 9 months; or 

21 ‘‘(C) is the father of issue in that mar22 riage;’’; 

23 (B) by redesignating paragraphs (3) and 

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


tjames on DSK6SPTVN1PROD with BILLS
34 

•S 1529 IS

1 (C) by inserting after paragraph (2) the 

2 following: 

3 ‘‘(3) ‘surviving partner’ means the surviving do4 mestic partner of an employee or Member who— 

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

6 such employee or Member for not less than 9 

7 months immediately before the death of such 

8 employee or Member; or 

9 ‘‘(B) satisfies such other requirements, re10 lated to parenthood and the domestic partner11 ship, as the Director of the Office of Personnel 

12 Management shall by regulation prescribe based 

13 on the definition of a widow or widower under 

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

15 and 

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

17 by subparagraph (A))— 

18 (i) in subparagraph (A)— 

19 (I) by striking ‘‘an unmarried de20 pendent child’’ and inserting ‘‘a de21 pendent child who is unmarried (and 

22 not in a domestic partnership) and’’; 

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

24 ‘‘stepchild but only if the stepchild’’ 

25 and inserting ‘‘stepchild (or child of 


tjames on DSK6SPTVN1PROD with BILLS
35 

•S 1529 IS

1 the domestic partner not adopted by 

2 or otherwise the child of the employee 

3 or Member) but only if the stepchild 

4 (or the child of the domestic part5 ner)’’; and 

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

7 ‘‘(or surviving domestic partner)’’ 

8 after ‘‘the surviving spouse’’; and 

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

10 striking ‘‘unmarried dependent child’’ and 

11 inserting ‘‘dependent child who is unmar12 ried (and not in a domestic partnership)’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)— 

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

16 each place it appears and inserting ‘‘widow 

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

18 (ii) by striking ‘‘remarriage,’’ and in19 serting ‘‘remarriage (or entry into a subse20 quent domestic partnership)’’; 

21 (B) in paragraph (2)— 

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

23 each place it appears and inserting ‘‘widow 

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


tjames on DSK6SPTVN1PROD with BILLS
36 

•S 1529 IS

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

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

3 (C) in paragraph (3)— 

4 (i) in the matter before subparagraph 

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

6 after ‘‘spouse’’; 

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

8 each place it appears and inserting ‘‘widow 

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

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

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

12 enters into a domestic partnership) (or, in 

13 the case of a surviving partner, enters into 

14 a subsequent domestic partnership or mar15 ries)’’ after ‘‘remarries’’; and 

16 (D) in paragraph (4)— 

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

18 each place it appears and inserting ‘‘widow 

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

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

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

22 ‘‘former spouse’’; 

23 (3) in subsection (d)— 


tjames on DSK6SPTVN1PROD with BILLS
37 

•S 1529 IS

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

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

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

5 former domestic partner)’’ after ‘‘former 

6 spouse’’; and 

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

8 case of a widow or widower, enters into a do9 mestic partnership) (or, in the case of a sur10 viving partner, enters into a subsequent domes11 tic partnership or marries)’’ after ‘‘remarries’’; 

12 (4) in subsection (e)— 

13 (A) by striking the matter before para14 graph (2) and inserting the following: 

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

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

17 spouse who was married to an employee or Member 

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

19 employee or Member who completed less than 18 

20 months of service covered by this subchapter; and 

21 ‘‘(B) the term ‘former domestic partner’ in22 cludes a former domestic partner who was in a do23 mestic partnership with an employee or Member for 

24 less than 9 months and a former domestic partner 


tjames on DSK6SPTVN1PROD with BILLS
38 

•S 1529 IS

1 of an employee or Member who completed less than 

2 18 months of service covered by this subchapter.’’; 

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

4 spouse or a former spouse’’ each place it ap5 pears and inserting ‘‘a spouse or former spouse 

6 (or a domestic partner or former domestic part7 ner)’’; 

8 (C) in paragraph (3)— 

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

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

11 marries (or enters into a domestic partner12 ship);’’; and 

13 (ii) in the matter following subpara14 graph (E)— 

15 (I) by inserting ‘‘(or domestic 

16 partner or former domestic partner)’’ 

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

18 (II) by striking ‘‘spouse, former 

19 spouse, or child’’ and inserting 

20 ‘‘spouse or former spouse (or domestic 

21 partner or former domestic partner) 

22 or child,’’; and 

23 (D) in paragraph (4), by striking ‘‘mar24 riage, then, if such marriage’’ and inserting 

25 ‘‘marriage, then, if such marriage (or a domesVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
39 

•S 1529 IS

1 tic 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 

6 from the service with title to deferred annuity from the 

7 Fund hereafter dies before having established a valid claim 

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

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

10 at the date of separation, the surviving spouse (or sur11 viving 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 ter15 minating on the last day of the month before the 

16 surviving spouse dies or remarries (or enters into a 

17 domestic partnership) (or the surviving domestic 

18 partner dies or enters into a subsequent domestic 

19 partnership or marries); or 

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

21 instead of annuity if the spouse (or domestic part22 ner) is the individual who would be entitled to the 

23 lump-sum credit and files application therefor with 

24 the Office before the award of the annuity. 


tjames on DSK6SPTVN1PROD with BILLS
40 

•S 1529 IS

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 

6 payable to such surviving spouse (or such sur7 viving domestic partner) under this subsection; 

8 and 

9 ‘‘(B) the amount of the survivor annuity 

10 payable to any former spouse (or any former 

11 domestic partner) of such Member under sub12 section (h).’’; 

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

14 following: 

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

16 domestic partner) whose annuity under this section is ter17 minated because of a subsequent entry into a marriage 

18 (or domestic partnership) before becoming 55 years of 

19 age, annuity at the same rate shall be restored com20 mencing on the day the remarriage (or subsequent domes21 tic partnership) is dissolved by death, annulment, or di22 vorce (or terminated), if— 

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

24 partner) elects to receive this annuity instead of a 

25 survivor benefit to which he may be entitled, under 


tjames on DSK6SPTVN1PROD with BILLS
41 

•S 1529 IS

1 this subchapter or another retirement system for 

2 Government employees, by reason of the subsequent 

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

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

5 annuity is returned to the Fund.’’; 

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

7 following: 

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

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

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

11 separated from the service with title to a deferred annuity 

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

13 under this subsection, if and to the extent expressly pro14 vided for in an election under section 8339(j)(3), or in 

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

16 court order or court-approved property settlement agree17 ment incident to such decree. 

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

19 former domestic partner) under this subsection may not 

20 exceed the difference between— 

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

22 former spouse (or former domestic partner), as de23 termined under subparagraph (B); and 

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

25 this subsection to any other former spouse (or 


tjames on DSK6SPTVN1PROD with BILLS
42 

•S 1529 IS

1 former domestic partner) of the employee, Member, 

2 or annuitant, based on an election previously made 

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

4 issued. 

5 ‘‘(B) The applicable amount, for purposes of sub6 paragraph (A)(i) in the case of a former spouse (or former 

7 domestic partner), is the amount which would be applica8 ble— 

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

10 widow or widower (or surviving partner), if the de11 ceased was an employee or Member who died after 

12 retirement; 

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

14 in the case of a widow or widower (or surviving part15 ner), if the deceased was an employee or Member de16 scribed in the first sentence of such subsection; or 

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

18 in the case of a surviving spouse (or surviving do19 mestic partner), if the deceased was a Member de20 scribed in the first sentence of such subsection. 

21 ‘‘(3) The commencement and termination of an annu22 ity payable under this subsection shall be governed by the 

23 terms of the applicable order, decree, agreement, or elec24 tion, as the case may be, except that any such annuity— 

25 ‘‘(A) shall not commence before— 


tjames on DSK6SPTVN1PROD with BILLS
43 

•S 1529 IS

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

2 or annuitant dies; or 

3 ‘‘(ii) the first day of the second month be4 ginning after the date on which the Office re5 ceives written notice of the order, decree, agree6 ment, or election, as the case may be, together 

7 with such additional information or documenta8 tion as the Office may prescribe, 

9 whichever is later, and 

10 ‘‘(B) shall terminate— 

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

12 in the case of an annuity computed by reference 

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

14 later than the last day of the month before the 

15 former spouse remarries (or enters into a do16 mestic partnership) (or former domestic partner 

17 enters into a subsequent domestic partnership 

18 or marries) before becoming 55 years of age or 

19 dies; or 

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

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

22 later than the last day of the month before the 

23 former spouse remarries (or enters into a do24 mestic partnership) or dies (or the former doVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
44 

•S 1529 IS

1 mestic partner enters into a subsequent domes2 tic partnership or marries or dies). 

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

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

5 paragraph (1) shall not be effective— 

6 ‘‘(A) if such modification is made after the re7 tirement or death of the employee or Member con8 cerned, and 

9 ‘‘(B) to the extent that such modification in10 volves an annuity under this subsection. 

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

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

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

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

15 any joint designation or waiver previously executed with 

16 respect to such former spouse (or former domestic part17 ner) under section 8339(j)(1) or a similar prior provision 

18 of law. 

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

20 bars recovery by any other person. 

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

22 court of any State, the District of Columbia, the Common23 wealth of Puerto Rico, Guam, the Northern Mariana Is24 lands, or the Virgin Islands, and any Indian court.’’; 


tjames on DSK6SPTVN1PROD with BILLS
45 

•S 1529 IS

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

2 following: 

3 ‘‘(i) The requirement in subsections (a)(1), (a)(2), 

4 and (a)(3) that the surviving spouse (or surviving domes5 tic partner) of an employee or Member have been married 

6 to (or in a domestic partnership with, or a combination 

7 thereof) such employee or Member for not less than 9 

8 months immediately before the death of the employee or 

9 Member in order to qualify as the widow or widower (or 

10 surviving partner) of such employee or Member shall be 

11 deemed satisfied in any case in which the employee or 

12 Member dies within the applicable 9-month period, if— 

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

14 accidental; or 

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

16 partner) of such individual had been previously mar17 ried to (or in a domestic partnership with) the indi18 vidual that was subsequently dissolved (or termi19 nated), and the aggregate time married (or in a do20 mestic partnership) is not less than 9 months.’’; and 

21 (9) by redesignating subsection (k) as sub22 section (j) and amending such subsection to read as 

23 follows: 

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

25 (h)(3)(B)(i), to the extent that they provide for termiVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
46 

•S 1529 IS

1 nation of a survivor annuity because of a subsequent entry 

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

3 shall not apply if— 

4 ‘‘(A) the widow, widower, or former spouse— 

5 ‘‘(i) was married to the individual on 

6 whose service the survivor annuity is based for 

7 not less than 30 years; or 

8 ‘‘(ii) was in a domestic partnership with 

9 the individual on whose service the survivor an10 nuity is based immediately before marriage to 

11 such individual, and the combined duration of 

12 the domestic partnership and marriage was not 

13 less than 30 years; or 

14 ‘‘(B) the surviving partner or former domestic 

15 partner— 

16 ‘‘(i) was in a domestic partnership with the 

17 individual on whose service the survivor annuity 

18 is based for not less than 30 years; or 

19 ‘‘(ii) was married to the individual on 

20 whose service the survivor annuity is based im21 mediately before entering into a domestic part22 nership with such individual, and the combined 

23 duration of the marriage and the domestic part24 nership was not less than 30 years. 


tjames on DSK6SPTVN1PROD with BILLS
47 

•S 1529 IS

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

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

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

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

5 which the Director of the Office of Personnel Management 

6 may by regulation identify in order to carry out the pur7 poses of this subsection.’’. 

8 SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE9 FICIARY; ORDER OF PRECEDENCE. 

10 Section 8342 is amended— 

11 (1) in subsection (c)— 

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

13 after ‘‘widow or widower’’; and 

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

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

16 which child is not adopted by or otherwise a 

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

18 (2) in subsection (j)— 

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

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

21 spouse, if any’’; 

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

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


tjames on DSK6SPTVN1PROD with BILLS
48 

•S 1529 IS

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 

19 former 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 


tjames on DSK6SPTVN1PROD with BILLS
49 

•S 1529 IS

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 (12), by striking subpara21 graph (B) and inserting the following: 

22 ‘‘(B) if the former spouse— 

23 ‘‘(i) was married to such individual 

24 for not less than 9 months; or 


tjames on DSK6SPTVN1PROD with BILLS
50 

•S 1529 IS

1 ‘‘(ii) was in a domestic partnership 

2 with the individual immediately before a 

3 marriage to such individual, and the com4 bined duration of the domestic partnership 

5 and marriage was not less than 9 

6 months;’’; 

7 (2) in paragraph (36), by striking ‘‘and’’ at the 

8 end; 

9 (3) in paragraph (37), by striking the period at 

10 the end and inserting a semicolon; and 

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

12 ‘‘(38) ‘domestic partner’ and ‘domestic partner13 ship’ have the meanings given under section 2501; 

14 and 

15 ‘‘(39) ‘former domestic partner’ means a former 

16 domestic partner of an individual— 

17 ‘‘(A) if such individual performed not less 

18 than 18 months of civilian service creditable 

19 under section 8411 as an employee or Member; 

20 and 

21 ‘‘(B) if the former domestic partner— 

22 ‘‘(i) was in a domestic partnership 

23 with such individual for not less than 9 

24 months; or 


tjames on DSK6SPTVN1PROD with BILLS
51 

•S 1529 IS

1 ‘‘(ii) was married to the individual im2 mediately before entering into a domestic 

3 partnership with such individual, and the 

4 combined duration of the marriage and do5 mestic partnership was not less than 9 

6 months.’’. 

7 Subtitle B—Creditable Service 

8 SEC. 311. CREDITABLE SERVICE. 

9 Section 8411 is amended— 

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

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

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

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

14 (3) in subsection (l)(5), by inserting ‘‘(or do15 mestic partner)’’ after ‘‘spouse’’ each place it ap16 pears. 

17 SEC. 312. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 

18 OR A CURRENT DOMESTIC PARTNER. 

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

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

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

22 (2) in subsection (a)— 

23 (A) by inserting ‘‘(or in a domestic part24 nership)’’ after ‘‘married’’ each place it ap25 pears; 


tjames on DSK6SPTVN1PROD with BILLS
52 

•S 1529 IS

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

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

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

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

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

6 following: 

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

8 subsequent domestic partnership), a retired employee or 

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

10 at the time of retirement, including an employee or Mem11 ber whose annuity was not reduced to provide a survivor 

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

13 spouse (or domestic partner or former domestic partner) 

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

15 such marriage (or domestic partnership), in a signed writ16 ing received by the Office— 

17 ‘‘(A) within 2 years after such entry into a sub18 sequent marriage (or domestic partnership); or 

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

20 ‘‘(i) the death of or entry into a subse21 quent marriage (or domestic partnership) by 

22 any former spouse (or former domestic partner) 

23 of such employee or Member who was entitled 

24 to a survivor annuity under section 8445, or 


tjames on DSK6SPTVN1PROD with BILLS
53 

•S 1529 IS

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

2 former spouse (or surviving former domestic 

3 partner), the death of or entry into a subse4 quent marriage (or domestic partnership) by 

5 the last such surviving former spouse (or sur6 viving former domestic partner), 

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

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

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

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

11 domestic partner) survives the employee or Member. 

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

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

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

15 of the subsequent marriage (or entry into the subsequent 

16 domestic partnership). 

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

18 individual under this subsection— 

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

20 by the employee or Member under section 8420 with 

21 respect to such individual; or 

22 ‘‘(B) shall, if an election was made by the em23 ployee or Member under section 8420 with respect 

24 to a different individual, prospectively void such elec25 tion if appropriate written application is made by 


tjames on DSK6SPTVN1PROD with BILLS
54 

•S 1529 IS

1 such employee or Member at the time of making the 

2 election under this subsection. 

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

4 employee or Member on behalf of an individual after the 

5 retirement of such employee or Member shall not be effec6 tive if— 

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

8 (or in a domestic partnership with) such individual 

9 at the time of retirement; and 

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

11 on the service of such employee or Member were 

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

13 (4) in subsection (c)— 

14 (A) by striking the matter before para15 graph (2) and inserting the following: 

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

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

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

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

20 writing received by the Office— 

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

22 Member marries (or enters into a domestic partner23 ship); or 

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


tjames on DSK6SPTVN1PROD with BILLS
55 

•S 1529 IS

1 ‘‘(i) the death of or entry into a subse2 quent remarriage (or entry into a subsequent 

3 domestic partnership or a marriage by any 

4 former domestic partner) by of any former 

5 spouse (or domestic partner) of such employee 

6 or Member who was entitled to a survivor annu7 ity under section 8445, 

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

9 spouse (or surviving former domestic partner), 

10 the death of or entry into a subsequent mar11 riage (or domestic partnership) by the last such 

12 surviving former spouse (or surviving former 

13 domestic partner), 

14 a reduction in the current annuity of the retired em15 ployee or Member, in accordance with section 

16 8419(a).’’; and 

17 (B) in paragraph (2), by striking ‘‘mar18 riage.’’ and inserting ‘‘marriage (or domestic 

19 partnership).’’; and 

20 (5) in subsection (d)(1)— 

21 (A) by inserting ‘‘(or in a domestic part22 nership)’’ after ‘‘married’’; and 

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

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


tjames on DSK6SPTVN1PROD with BILLS
56 

•S 1529 IS

1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

4 section 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 

16 spouse’’ 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 


tjames on DSK6SPTVN1PROD with BILLS
57 

•S 1529 IS

1 domestic partner with the employee or Member is so ter2 minated).’’; 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 

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

11 domestic partnership), unless it is made with the 

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

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

16 section 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— 


tjames on DSK6SPTVN1PROD with BILLS
58 

•S 1529 IS

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 Mem8 ber 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 part13 ner’s domestic partnership with) the employee or 

14 Member, except that an appropriate reduction shall 

15 be made thereafter if the spouse (or domestic part16 ner) is entitled, as a former spouse (or former do17 mestic partner), to a survivor annuity under section 

18 8445. 

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

20 providing a survivor annuity for a former spouse (or 

21 former domestic partner) of a retired employee or Member 

22 shall be terminated for each full month after the former 

23 spouse remarries (or enters into a domestic partnership) 

24 (or the former domestic partner enters into a subsequent 

25 domestic partnership or marries) before reaching age 55 


tjames on DSK6SPTVN1PROD with BILLS
59 

•S 1529 IS

1 or dies. This reduction shall be replaced by appropriate 

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

3 Member has— 

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

5 partner) who is entitled to a survivor annuity under 

6 section 8445; 

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

8 Member was married (or a current domestic partner 

9 with whom the employee or Member was in a domes10 tic partnership) at the time of retirement and with 

11 respect to whom a survivor annuity was not waived 

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

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

14 made; or 

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

16 Member married (or current domestic partner with 

17 whom the employee or Member entered into a do18 mestic partnership) after retirement and with re19 spect to whom an election has been made under sub20 section (b) or (c) of section 8416.’’. 

21 SEC. 316. INSURABLE INTEREST REDUCTIONS. 

22 Section 8420 is amended— 

23 (1) in subsection (b)(1)— 

24 (A) by striking ‘‘married employee or 

25 Member’’ and inserting ‘‘employee or Member 


tjames on DSK6SPTVN1PROD with BILLS
60 

•S 1529 IS

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

2 and 

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

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

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

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

7 SEC. 317. ALTERNATIVE FORMS OF ANNUITIES. 

8 Section 8420a is amended— 

9 (1) in subsection (b)(2)— 

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

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

12 after ‘‘married’’; and 

13 (B) in subparagraph (B), by striking ‘‘sur14 viving spouse.’’ inserting ‘‘surviving spouse (or 

15 surviving domestic partner).’’; 

16 (2) in subsection (d)— 

17 (A) in paragraph (1), by striking ‘‘mar18 ried,’’ inserting ‘‘married (or in a domestic 

19 partnership),’’ and 

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

21 former domestic partner)’’ after ‘‘former 

22 spouse’’ each place it appears; and 

23 (3) in subsection (e), by inserting ‘‘(or in a do24 mestic partnership)’’ after ‘‘married’’. 


tjames on DSK6SPTVN1PROD with BILLS
61 

•S 1529 IS

1 SEC. 318. LUMP-SUM BENEFITS; DESIGNATION OF BENE2 FICIARY; ORDER OF PRECEDENCE. 

3 Section 8424 is amended— 

4 (1) in subsection (b)— 

5 (A) in paragraph (1)— 

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

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

8 spouse’’ and inserting ‘‘any spouse or 

9 former spouse (and any domestic partner 

10 or former domestic partner)’’; and 

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

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

13 appears and inserting ‘‘spouse or former 

14 spouse (or domestic partner or former do15 mestic partner)’’; and 

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

17 or former spouse’’ each place it appears and in18 serting ‘‘spouse or former spouse (or domestic 

19 partner or former domestic partner)’’; and 

20 (2) in subsection (d)— 

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

22 inserting ‘‘widow or widower (or surviving part23 ner)’’; and 

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

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


tjames on DSK6SPTVN1PROD with BILLS
62 

•S 1529 IS

1 which child is not adopted by or otherwise a 

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

3 Subtitle C—Thrift Savings Plan 

4 SEC. 321. BENEFITS AND ELECTION OF BENEFITS. 

5 Section 8433(e) is amended by striking paragraph 

6 (2) and inserting the following: 

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

8 employee, Member, former employee, or former 

9 Member dies and has designated as sole or partial 

10 beneficiary his or her spouse (or domestic partner) 

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

12 former employee, or former Member, dies with no 

13 designated beneficiary and is survived by a spouse 

14 (or domestic partner), the spouse (or domestic part15 ner) may maintain the portion of the employee’s or 

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

17 partner) is entitled in accordance with the following 

18 terms: 

19 ‘‘(A) Subject to the limitations of subpara20 graph (B), the spouse (or domestic partner) 

21 shall have the same withdrawal options under 

22 subsection (b) as the employee or Member were 

23 the employee or Member living. 


tjames on DSK6SPTVN1PROD with BILLS
63 

•S 1529 IS

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

2 may not make withdrawals under subsection (g) 

3 or (h). 

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

5 may not make contributions or transfers to the 

6 account. 

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

8 the death of the surviving spouse (or surviving 

9 domestic partner). A beneficiary or surviving 

10 spouse (or surviving domestic partner) of a de11 ceased spouse (or domestic partner) who has in12 herited an account is ineligible to maintain the 

13 inherited spousal account.’’. 

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

15 PURCHASE. 

16 Section 8434(a)(2) is amended— 

17 (1) in subparagraph (B), by inserting ‘‘(or do18 mestic partner)’’ after ‘‘spouse’’; and 

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

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

21 SEC. 323. PROTECTIONS FOR SPOUSES, DOMESTIC PART22 NERS, FORMER SPOUSES, AND FORMER DO23 MESTIC PARTNERS. 

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


tjames on DSK6SPTVN1PROD with BILLS
64 

•S 1529 IS

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

2 domestic partners and former domestic 

3 partners)’’ after ‘‘spouses and former 

4 spouses’’; 

5 (2) in subsection (a)— 

6 (A) in paragraph (1)— 

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

8 ‘‘A married employee or Member (or 

9 former employee or Member)’’ each place it 

10 appears and inserting ‘‘An employee or 

11 Member, or former employee or former 

12 Member, who is married (or in a domestic 

13 partnership)’’; and 

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

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

16 each place it appears; and 

17 (B) in paragraph (2), by inserting ‘‘(or do18 mestic partner’s)’’ after ‘‘spouse’s’’ each place 

19 it appears; 

20 (3) in subsection (b)— 

21 (A) in paragraph (1)— 

22 (i) by inserting ‘‘(or surviving domes23 tic partner)’’ after ‘‘surviving spouse’’ each 

24 place it appears; and 


tjames on DSK6SPTVN1PROD with BILLS
65 

•S 1529 IS

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

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

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

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

5 (4) in subsection (d)— 

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

7 former domestic partner)’’ after ‘‘former 

8 spouse’’ the first two places it appears; 

9 (B) in paragraphs (3) through (6), by in10 serting ‘‘(or former domestic partner)’’ after 

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

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

13 former domestic partners)’’ after ‘‘former 

14 spouses’’; and 

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

16 surviving domestic partner)’’ after ‘‘surviving 

17 spouse’’; 

18 (5) in subsection (e)(1)— 

19 (A) by striking the matter before subpara20 graph (B) and inserting the following: 

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

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

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

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


tjames on DSK6SPTVN1PROD with BILLS
66 

•S 1529 IS

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

2 and 

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

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

5 place it appears; and 

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

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

8 or former spouse’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

10 The table of sections for chapter 84 is amended by strik11 ing the item relating to section 8435 and inserting the 

12 following: 

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

former domestic partners).’’. 

13 SEC. 324. JUSTICES AND JUDGES. 

14 Section 8440a(b)(6) is amended by inserting ‘‘(or do15 mestic partners)’’ after ‘‘spouses’’. 

16 Subtitle D—Survivor Annuities 

17 SEC. 331. DEFINITIONS. 

18 Section 8441 is amended— 

19 (1) by striking paragraphs (1) and (2) and in20 serting the following: 

21 ‘‘(1) ‘widow’ means the surviving wife of an em22 ployee or Member who— 


tjames on DSK6SPTVN1PROD with BILLS
67 

•S 1529 IS

1 ‘‘(A) was married to such employee or 

2 Member for not less than 9 months immediately 

3 before the death of such employee or Member; 

4 ‘‘(B) was married to such employee or 

5 Member immediately before the death of such 

6 employee or Member, was in a domestic part7 nership with such employee or Member imme8 diately before the marriage to such employee or 

9 Member, and the combined duration of the do10 mestic partnership and marriage was not less 

11 than 9 months; or 

12 ‘‘(C) is the mother of issue by that mar13 riage; 

14 ‘‘(2) ‘widower’ means the surviving husband of 

15 an employee or Member who— 

16 ‘‘(A) was married to the employee or Mem17 ber for not less than 9 months immediately be18 fore the death of the employee or Member; 

19 ‘‘(B) was married to such employee or 

20 Member immediately before the death of such 

21 employee or Member, was in a domestic part22 nership with the employee or Member imme23 diately before the marriage to such employee or 

24 Member, and the combined duration of the doVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
68 

•S 1529 IS

1 mestic partnership and marriage was not less 

2 than 9 months; or 

3 ‘‘(C) is the father of issue in that mar4 riage;’’; 

5 (2) by redesignating paragraphs (3) and (4) as 

6 paragraphs (4) and (5), respectively, and by insert7 ing after paragraph (2) the following: 

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

9 surviving domestic partner of an employee, Member, 

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

11 who— 

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

13 such employee, Member, or annuitant, or 

14 former employee or Member, for not less than 

15 9 months immediately before the death of such 

16 employee, Member, or annuitant, or former em17 ployee or Member; or 

18 ‘‘(B) satisfies such other requirements, 

19 based on parenthood and the domestic partner20 ship, as the Director of the Office of Personnel 

21 Management shall by regulation prescribe based 

22 on the definition of a widow or widower under 

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

24 and’’; and 


tjames on DSK6SPTVN1PROD with BILLS
69 

•S 1529 IS

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

2 paragraph (1))— 

3 (A) in subparagraph (A)— 

4 (i) by striking ‘‘an unmarried depend5 ent child’’ and inserting ‘‘a dependent child 

6 who is unmarried (and not in a domestic 

7 partnership)’’; 

8 (ii) in clause (ii), by striking ‘‘step9 child but only if the stepchild’’ and insert10 ing ‘‘stepchild (or child of the domestic 

11 partner not adopted by or otherwise the 

12 child of the employee or Member) but only 

13 if the stepchild (or the child of the domes14 tic partner)’’; and 

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

16 surviving partner)’’ after ‘‘widow or wid17 ower’’; and 

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

19 striking ‘‘unmarried dependent child’’ each 

20 place that term appears and inserting ‘‘depend21 ent child who is unmarried (and not in a do22 mestic partnership)’’. 

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

24 PARTNER. 

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


tjames on DSK6SPTVN1PROD with BILLS
70 

•S 1529 IS

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

2 surviving partner)’’ after ‘‘widow or wid3 ower’’; 

4 (2) in subsection (a)— 

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

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

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

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

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

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

11 (3) in subsection (b), by inserting ‘‘(or sur12 viving partner)’’ after ‘‘widow or widower’’ each 

13 place it appears; 

14 (4) in subsection (c)— 

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

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

17 surviving partner with whom in a domestic 

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

19 married’’; and 

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

21 place it appears (other than where amended by 

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

23 widower (or surviving partner)’’; 

24 (5) in subsection (d)— 


tjames on DSK6SPTVN1PROD with BILLS
71 

•S 1529 IS

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

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

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

5 enters into a domestic partnership) (or in the 

6 case of a surviving partner, enters into a subse7 quent domestic partnership or marries)’’ after 

8 ‘‘remarries’’; 

9 (C) in paragraph (2)— 

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

11 and inserting ‘‘subsequent entry into a 

12 marriage (or domestic partnership) be13 fore’’; 

14 (ii) by striking ‘‘remarriage is dis15 solved by death, divorce, or annulment,’’ 

16 and inserting ‘‘subsequent marriage is dis17 solved by death, divorce, annulment (or 

18 subsequent domestic partnership is termi19 nated),’’; and 

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

21 ‘‘remarriage;’’ and inserting ‘‘subsequent 

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

23 (D) in paragraph (3)— 


tjames on DSK6SPTVN1PROD with BILLS
72 

•S 1529 IS

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 not less than 30 years 

6 with)’’ after ‘‘married for at least 30 years 

7 to’’; 

8 (6) in subsection (e)— 

9 (A) in the matter preceding paragraph 

10 (1)— 

11 (i) by striking ‘‘paragraphs (1)(A) 

12 and (2)(A)’’ and inserting ‘‘paragraphs 

13 (1), (2), and (3)’’; 

14 (ii) by inserting ‘‘(or surviving part15 ner)’’ after ‘‘widow or widower’’ each place 

16 it appears; and 

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

18 partnership with)’’ after ‘‘been married 

19 to’’; and 

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

21 follows: 

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

23 been previously married to such individual and sub24 sequently divorced (or the surviving partner of such 

25 individual had been previously in a domestic partnerVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
73 

•S 1529 IS

1 ship with such individual which domestic partnership 

2 was subsequently terminated), and the time married 

3 (or in a domestic partnership, or combination there4 of) is not less than 9 months.’’; 

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

6 widower’’ and inserting ‘‘widow or widower (or sur7 viving partner)’’ each place it appears; and 

8 (8) in subsection (h)— 

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

10 place it appears and inserting ‘‘widow or wid11 ower (or surviving partner)’’; and 

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

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

14 appears. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

16 The table of sections for chapter 84 is amended by strik17 ing the item relating to section 8442 and inserting the 

18 following: 

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

19 SEC. 333. RIGHTS OF A CHILD. 

20 Section 8443(b) is amended by striking subparagraph 

21 (E) and the matter following that subparagraph and in22 serting the following: 

23 ‘‘(E) dies or marries (or enters into a do24 mestic partnership); 


tjames on DSK6SPTVN1PROD with BILLS
74 

•S 1529 IS

1 whichever occurs first. On the death of the surviving 

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

3 former wife or husband (or former domestic part4 ner), or termination of the annuity of a child, the 

5 annuity of any other child or children shall be re6 computed and paid as though the wife or husband 

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

8 former domestic partner), or child had not survived 

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

10 of a child under this subchapter terminates under 

11 subparagraph (E) because of marriage (or domestic 

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

13 partnership) ends, such annuity shall resume on the 

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

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

16 that individual is not otherwise ineligible for such 

17 annuity.’’. 

18 SEC. 334. RIGHTS OF A FORMER SPOUSE OR FORMER DO19 MESTIC PARTNER. 

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

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

22 former domestic partner)’’ after ‘‘former 

23 spouse’’; 

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

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


tjames on DSK6SPTVN1PROD with BILLS
75 

•S 1529 IS

1 (3) in subsection (b)— 

2 (A) by inserting ‘‘(or former domestic part3 ner)’’ after ‘‘former spouse’’ each place it ap4 pears; and 

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

6 after ‘‘widow or widower’’; 

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

8 into a domestic partnership) (or the former domestic 

9 partner enters into a subsequent domestic partner10 ship or marries)’’ after ‘‘remarries’’; 

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

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

13 it appears; and 

14 (6) by amending subsection (h) to read as fol15 lows: 

16 ‘‘(h)(1) Subsection (c)(2), to the extent that it pro17 vides for termination of a survivor annuity because of a 

18 subsequent entry into a marriage (or domestic partner19 ship) before age 55, shall not apply if— 

20 ‘‘(A) the former spouse— 

21 ‘‘(i) was married to the individual on 

22 whose service the survivor annuity is based for 

23 not less than 30 years; or 

24 ‘‘(ii) was in a domestic partnership with 

25 the individual on whose service the survivor anVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
76 

•S 1529 IS

1 nuity is based immediately before marriage to 

2 such individual, and the combined duration of 

3 the domestic partnership and marriage was not 

4 less than 30 years; or 

5 ‘‘(B) the former domestic partner— 

6 ‘‘(i) was in a domestic partnership with the 

7 individual on whose service the survivor annuity 

8 is based for not less than 30 years; or 

9 ‘‘(ii) was married the individual on whose 

10 service the survivor annuity is based imme11 diately before entering into a domestic partner12 ship with such individual, and the combined du13 ration of the marriage and the domestic part14 nership was not less than 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).’’. 


tjames on DSK6SPTVN1PROD with BILLS
77 

•S 1529 IS

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’’. 


tjames on DSK6SPTVN1PROD with BILLS
78 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
79 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
80 

•S 1529 IS

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— 


tjames on DSK6SPTVN1PROD with BILLS
81 

•S 1529 IS

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, 


tjames on DSK6SPTVN1PROD with BILLS
82 

•S 1529 IS

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),’’. 


tjames on DSK6SPTVN1PROD with BILLS
83 

•S 1529 IS

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: 


tjames on DSK6SPTVN1PROD with BILLS
84 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
85 

•S 1529 IS

1 (2) by inserting ‘‘(or former domestic partner)’’ 

2 after ‘‘or former spouse’’. 

3 (j) CONTRACT REQUIREMENTS; FEDERAL COURT

4 JURISDICTION.— 

5 (1) CONTRACTS FOR HEALTH BENEFITS

6 PLANS.—Section 8902 is amended— 

7 (A) in subsection (j), as amended by sub8 section (b) of this section— 

9 (i) by inserting ‘‘(1)’’ after ‘‘(j)’’; and 

10 (ii) by adding at the end the fol11 lowing: 

12 ‘‘(2) Each contract under this chapter may re13 quire the carrier to obtain recovery of funds through 

14 reimbursement or subrogation with respect to bene15 fits provided to or for an individual covered under 

16 this chapter.’’; and 

17 (B) in subsection (m)(1), by striking the 

18 sentence after ‘‘(1)’’ and inserting ‘‘The provi19 sions of this chapter and, by operation of this 

20 chapter, the terms of any contract established 

21 under this chapter shall supersede and preempt 

22 any State or local law, or any regulation issued 

23 thereunder, insofar as those provisions or terms 

24 relate to health insurance or any plan. This 


tjames on DSK6SPTVN1PROD with BILLS
86 

•S 1529 IS

1 paragraph does not apply with respect to State 

2 tax or statutory reserves.’’. 

3 (2) JURISDICTION OF COURTS.—Chapter 89 is 

4 amended by striking section 8912 and inserting the 

5 following: 

6 ‘‘§ 8912. Jurisdiction of courts 

7 ‘‘The district courts of the United States shall have 

8 exclusive jurisdiction of any civil action or claim founded 

9 on this chapter, except for a civil action or claim against 

10 the United States within the exclusive jurisdiction of the 

11 United States Court of Federal Claims under section 1491 

12 of title 28 or chapter 71 of title 41.’’. 

13 (k) EFFECTIVE DATE.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the amendments made by this section 

16 shall apply with respect to contract years beginning 

17 after the end of the 6-month period beginning on the 

18 date of enactment of this Act. 

19 (2) FEDERAL COURT JURISDICTION OVER THE

20 FEDERAL EMPLOYEES HEALTH BENEFITS PRO21 GRAM.—The amendments made by subsection (j) 

22 shall— 

23 (A) take effect on the date of enactment of 

24 this Act; and 


tjames on DSK6SPTVN1PROD with BILLS
87 

•S 1529 IS

1 (B) apply with respect to any civil action 

2 or claim pending or filed on or after the date 

3 of enactment of this Act that relates to any in4 jury or illness occurring before, on, or after the 

5 date of enactment of this Act. 

6 SEC. 403. ENHANCED DENTAL BENEFITS. 

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

8 (1) in section 8956(a)— 

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

10 after ‘‘a spouse’’; and 

11 (B) by striking ‘‘either spouse,’’ and in12 serting ‘‘either spouse (or either domestic part13 ner, as the case may be),’’; and 

14 (2) in section 8957, by striking ‘‘surviving 

15 spouse,’’ and inserting ‘‘surviving spouse (or sur16 viving domestic partner),’’. 

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

18 this section shall apply with respect to contract years be19 ginning after the end of the 6-month period beginning on 

20 the date of the enactment of this Act. 

21 SEC. 404. ENHANCED VISION BENEFITS. 

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

23 (1) in section 8986(a)— 

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

25 after ‘‘a spouse’’; and 


tjames on DSK6SPTVN1PROD with BILLS
88 

•S 1529 IS

1 (B) by striking ‘‘either spouse,’’ and in2 serting ‘‘either spouse (or either domestic part3 ner, as the case may be),’’; and 

4 (2) in section 8987, by striking ‘‘surviving 

5 spouse,’’ and inserting ‘‘surviving spouse (or sur6 viving domestic partner),’’. 

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

8 this section shall apply with respect to contract years be9 ginning after the end of the 6-month period beginning on 

10 the date of the enactment of this Act. 

11 SEC. 405. LONG-TERM CARE INSURANCE. 

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

13 (1) in section 9001(5), by redesignating sub14 paragraph (D) as subparagraph (E) and by insert15 ing after subparagraph (C) the following: 

16 ‘‘(D)(i) a domestic partner (as that term is 

17 defined in section 2501) of an individual de18 scribed in paragraph (1), (2), (3), or (4); 

19 ‘‘(ii) a child (including an adopted child, a 

20 stepchild, or, to the extent the Office of Per21 sonnel Management by regulation provides, a 

22 foster child) of a domestic partner referred to 

23 in clause (i), if such child is not less than 18 

24 years of age; and 


tjames on DSK6SPTVN1PROD with BILLS
89 

•S 1529 IS

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 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
90 

•S 1529 IS

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. 


tjames on DSK6SPTVN1PROD with BILLS
91 

•S 1529 IS

1 SEC. 504. TAXES ON REIMBURSEMENTS FOR TRAVEL, 

2 TRANSPORTATION, AND RELOCATION EX3 PENSES OF EMPLOYEES TRANSFERRED. 

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

5 (1) by striking ‘‘(if filing jointly),’’ and insert6 ing ‘‘(if filing jointly) (or by an employee and the 

7 employee’s domestic partner, if joint filing by them 

8 is allowed and if they file jointly),’’; and 

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

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

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

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

13 this section shall apply with respect to taxable years begin14 ning after the end of the 6-month period beginning on the 

15 date of the enactment of this Act. 

16 SEC. 505. RELOCATION EXPENSES OF AN EMPLOYEE WHO 

17 IS PERFORMING AN EXTENDED ASSIGNMENT. 

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

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

20 spouse’’. 

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. 


tjames on DSK6SPTVN1PROD with BILLS
92 

•S 1529 IS

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) by striking paragraph (6) and inserting the 

25 following: 


tjames on DSK6SPTVN1PROD with BILLS
93 

•S 1529 IS

1 ‘‘(6) ‘widow’ means the wife living with or de2 pendent for support on the decedent at the time of 

3 the death of the decedent, or living apart for reason4 able cause or because of desertion by the decedent;’’; 

5 (2) in paragraph (8), by striking ‘‘married 

6 brothers or married sisters;’’ and inserting ‘‘any 

7 brother or sister who is married (or is in a domestic 

8 partnership);’’; 

9 (3) in paragraph (9)— 

10 (A) by inserting ‘‘(or children of the em11 ployee’s domestic partner not adopted by or 

12 otherwise the children of the employee)’’ after 

13 ‘‘stepchildren’’; and 

14 (B) by striking ‘‘married children’’ and in15 serting ‘‘any child who is married (or in a do16 mestic partnership)’’; 

17 (4) by striking paragraph (11) and inserting 

18 the following: 

19 ‘‘(11) ‘widower’ means the husband living with 

20 or dependent for support on the decedent at the 

21 time of the death of the decedent, or living apart for 

22 reasonable cause or because of desertion by the dece23 dent;’’; 

24 (5) in paragraph (18), by striking ‘‘and’’ at the 

25 end; 


tjames on DSK6SPTVN1PROD with BILLS
94 

•S 1529 IS

1 (6) in paragraph (19), by striking ‘‘and’’ at the 

2 end; 

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

4 and inserting a semicolon; and 

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

6 ‘‘(21) the term ‘covered state’ means a State, 

7 foreign country, or political subdivision of a foreign 

8 country in which a marriage between 2 individuals 

9 of the same sex is recognized under the law of that 

10 State, country, or political subdivision; and 

11 ‘‘(22) ‘domestic partner’ means an individual 

12 who is in a domestic partnership with another indi13 vidual, as determined by the Secretary of Labor for 

14 purposes of this subchapter under regulations issued 

15 by the Secretary, in consultation with the Director 

16 of the Office of Personnel Management— 

17 ‘‘(A) who are of the same sex; 

18 ‘‘(B) not less than 1 of whom is an em19 ployee or an individual otherwise eligible for 

20 coverage under this subchapter (or any applica21 tion or extension thereof) based on such individ22 ual’s employment or other service; 

23 ‘‘(C)(i) who are in a committed domestic24 partnership relationship with each other satisVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
95 

•S 1529 IS

1 fying the conditions in clauses (ii), (iii), and (iv) 

2 and intend to remain so indefinitely; 

3 ‘‘(ii) who have a common residence and in4 tend to continue to do so (or would have a com5 mon residence, but are prevented from doing so 

6 because of such reasons as an assignment 

7 abroad or other employment-related factors, fi8 nancial considerations, family responsibilities or 

9 other such reasons); 

10 ‘‘(iii) who share responsibility for a signifi11 cant measure of each other’s welfare and finan12 cial obligations; and 

13 ‘‘(iv) neither of whom is married to or in 

14 a domestic partnership with anyone except each 

15 other; 

16 ‘‘(D) who are not less than 18 years of age 

17 and mentally competent to consent to a con18 tract; 

19 ‘‘(E) who are not related to each other by 

20 blood in a way that would prohibit legal mar21 riage between individuals otherwise eligible to 

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

23 any jurisdiction) in which the individuals have 

24 a common residence; and 


tjames on DSK6SPTVN1PROD with BILLS
96 

•S 1529 IS

1 ‘‘(F) on the date on which the employee is 

2 injured or dies, or, for purposes of section 

3 8110, the date on which the augmented com4 pensation is to be provided, neither of whom 

5 has resided in a covered state for more than 6 

6 months; 

7 ‘‘(23) the term ‘State’ means each of the sev8 eral States, the District of Columbia, the Common9 wealth of Puerto Rico, or any other territory or pos10 session of the United States; and 

11 ‘‘(24) ‘surviving partner’ means the domestic 

12 partner in a domestic partnership with the decedent 

13 at the time of his or her death.’’. 

14 SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN 

15 CONNECTION WITH EMPLOYEE’S SERVICE 

16 WITH AN ARMED FORCE. 

17 Section 8102a(d) is amended— 

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

19 spouse.’’ and inserting ‘‘surviving spouse (or sur20 viving partner).’’; 

21 (2) in paragraph (2)(C), by inserting ‘‘(or chil22 dren of the employee’s domestic partner not adopted 

23 by or otherwise the children of the employee)’’ after 

24 ‘‘stepchildren’’; and 


tjames on DSK6SPTVN1PROD with BILLS
97 

•S 1529 IS

1 (3) by striking paragraph (6) and inserting the 

2 following: 

3 ‘‘(6) If a person covered by this section has a 

4 spouse (or a domestic partner), but designates a per5 son other than the spouse (or domestic partner) to 

6 receive all or a portion of the amount payable under 

7 this section, the head of the agency, or other entity, 

8 in which that person is employed shall provide notice 

9 of the designation to the spouse (or the domestic 

10 partner).’’. 

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

12 ORDER OF PRECEDENCE. 

13 Section 8109(a)(3)(D) is amended— 

14 (1) in clause (i), by striking ‘‘the widow or wid15 ower.’’ and inserting ‘‘the widow or widower (or the 

16 surviving partner).’’; 

17 (2) in clause (ii)— 

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

19 after ‘‘a widow or widower’’; and 

20 (B) by inserting ‘‘(or the surviving part21 ner)’’ after ‘‘the widow or widower’’; and 

22 (3) in clause (iii), by striking ‘‘no widow or wid23 ower,’’ and inserting ‘‘no widow or widower (and no 

24 surviving partner),’’. 


tjames on DSK6SPTVN1PROD with BILLS
98 

•S 1529 IS

1 SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS. 

2 Section 8110(a) is amended— 

3 (1) in paragraph (3)— 

4 (A) by striking ‘‘an unmarried child’’ and 

5 inserting ‘‘a child who is unmarried (and not in 

6 a domestic partnership)’’; and 

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

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

9 inserting ‘‘; and’’; 

10 (3) by inserting after paragraph (4) the fol11 lowing: 

12 ‘‘(5) a domestic partner, if— 

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

14 household as the employee; 

15 ‘‘(B) he or she is receiving regular con16 tributions from the employee for his or her sup17 port; or 

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

19 court to contribute to his or her support.’’; and 

20 (4) in the last sentence, by striking ‘‘he mar21 ries.’’ and inserting ‘‘he marries (or enters into a do22 mestic partnership).’’. 

23 SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSA24 TION. 

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

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


tjames on DSK6SPTVN1PROD with BILLS
99 

•S 1529 IS

1 SEC. 606. COMPENSATION IN CASE OF DEATH. 

2 Section 8133 is amended— 

3 (1) in subsection (a)— 

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

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

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

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

8 surviving partner)’’ after ‘‘for the widow or wid9 ower’’; 

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

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

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

13 (D) in paragraphs (4) and (5), by striking 

14 ‘‘widower,’’ and inserting ‘‘widower (or sur15 viving partner),’’ each place it appears; and 

16 (2) in subsection (b)— 

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

18 follows: 

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

20 enters into a domestic partnership) (or a surviving 

21 partner dies or enters into a subsequent domestic 

22 partnership or marries) before reaching age 55;’’; 

23 (B) in paragraphs (2) and (3), by striking 

24 ‘‘marries,’’ each place that term appears and 

25 inserting ‘‘marries (or enters into a domestic 

26 partnership),’’; and 


tjames on DSK6SPTVN1PROD with BILLS
100 

•S 1529 IS

1 (C) in the matter following paragraph 

2 (3)— 

3 (i) in the first sentence, by striking 

4 ‘‘marries.’’ and inserting ‘‘marries (or en5 ters into a domestic partnership).’’; and 

6 (ii) in the second sentence, by insert7 ing ‘‘(or domestic partner) (or a surviving 

8 partner who has entitlements to benefits 

9 under this title derived from more than 1 

10 domestic partner or spouse)’’ after ‘‘hus11 band or wife’’. 

12 SEC. 607. LUMP-SUM PAYMENT. 

13 Section 8135 is amended— 

14 (1) in subsection (a), by inserting ‘‘(or sur15 viving partner)’’ after ‘‘widow or widower’’; and 

16 (2) by striking subsection (b) and inserting the 

17 following: 

18 ‘‘(b) A widow or widower on remarriage (or on entry 

19 into a domestic partnership) before reaching age 55 (or 

20 a surviving partner on entry into a subsequent domestic 

21 partnership or on marriage before age 55) who is entitled 

22 to compensation under section 8133 of this title, shall be 

23 paid a lump sum equal to 24 times the monthly compensa24 tion payment (excluding compensation on account of an25 other individual) to which that individual was entitled imVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
101 

•S 1529 IS

1 mediately before the remarriage (or entry into a domestic 

2 partnership) (or, in the case of a surviving partner, imme3 diately before entry into the subsequent domestic partner4 ship or the marriage).’’. 

5 SEC. 608. EMPLOYEES OF NONAPPROPRIATED FUND IN6 STRUMENTALITIES. 

7 (a) IN GENERAL.—Section 8171 is amended by add8 ing at the end the following: 

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

10 ‘‘(A) the term ‘covered state’ means a State, 

11 foreign country, or political subdivision of a foreign 

12 country in which a marriage between 2 individuals 

13 of the same sex is recognized under the law of that 

14 State, country, or political subdivision; 

15 ‘‘(B) the term ‘domestic partner’ means an in16 dividual who is in a domestic partnership with an17 other individual, as determined by the Secretary of 

18 Labor for purposes of this subchapter under regula19 tions issued by the Secretary, in consultation with 

20 the Director of the Office of Personnel Manage21 ment— 

22 ‘‘(i) who are of the same sex; 

23 ‘‘(ii) not less than 1 of whom is an em24 ployee or an individual otherwise eligible for 

25 coverage under this subchapter (or any applicaVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
102 

•S 1529 IS

1 tion or extension thereof) based on such individ2 ual’s employment or other service; 

3 ‘‘(iii)(I) who are in a committed domestic4 partnership relationship with each other satis5 fying the conditions in subclauses (II), (III), 

6 and (IV) and intend to remain so indefinitely; 

7 ‘‘(II) who have a common residence and 

8 intend to continue to do so (or would have a 

9 common residence, but are prevented from 

10 doing so because of such reasons as an assign11 ment abroad or other employment-related fac12 tors, financial considerations, family responsibil13 ities or other such reasons); 

14 ‘‘(III) who share responsibility for a sig15 nificant measure of each other’s welfare and fi16 nancial obligations; and 

17 ‘‘(IV) neither of whom is married to or in 

18 a domestic partnership with anyone except each 

19 other; 

20 ‘‘(iv) who are not less than 18 years of age 

21 and mentally competent to consent to a con22 tract; 

23 ‘‘(v) who are not related to each other by 

24 blood in a way that would prohibit legal mar25 riage between individuals otherwise eligible to 


tjames on DSK6SPTVN1PROD with BILLS
103 

•S 1529 IS

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

2 any jurisdiction) in which the individuals have 

3 a common residence; and 

4 ‘‘(vi) on the date of the death or injury of 

5 the employee or individual otherwise eligible for 

6 coverage under this subchapter (or any applica7 tion or extension thereof) or, for the purpose of 

8 applying section 31(b)(2)(C) of the Longshore 

9 and Harbor Workers’ Compensation Act under 

10 this subchapter, the date of the representation, 

11 neither of whom has resided in a covered state 

12 for more than 6 months; 

13 ‘‘(C) the term ‘State’ means each of the several 

14 States, the District of Columbia, the Commonwealth 

15 of Puerto Rico, or any other territory or possession 

16 of the United States; and 

17 ‘‘(D) the term ‘surviving partner’ means the de18 cedent’s domestic partner at the time of his or her 

19 death. 

20 ‘‘(2) In the application of the Longshore and Harbor 

21 Workers’ Compensation Act under this subchapter— 

22 ‘‘(A) section 2(14) of that Act shall apply as 

23 though— 

24 ‘‘(i) ‘(or child of the domestic partner of 

25 an employee or volunteer referred to in section 


tjames on DSK6SPTVN1PROD with BILLS
104 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
105 

•S 1529 IS

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— 


tjames on DSK6SPTVN1PROD with BILLS
106 

•S 1529 IS

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),’’. 


tjames on DSK6SPTVN1PROD with BILLS
107 

•S 1529 IS

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 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
108 

•S 1529 IS

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. 


tjames on DSK6SPTVN1PROD with BILLS
109 

•S 1529 IS

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.— 


tjames on DSK6SPTVN1PROD with BILLS
110 

•S 1529 IS

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: 


tjames on DSK6SPTVN1PROD with BILLS
111 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
112 

•S 1529 IS

1 to which both may be entitled, as stated in sec2 tion 102(f) of that Act, shall apply. 

3 ‘‘(3) APPLICATION TO EMPLOYEES OF THE

4 GOVERNMENT ACCOUNTABILITY OFFICE.—In the ap5 plication of the Family and Medical Leave Act of 

6 1993 (29 U.S.C. 2601 et seq.) as to an employee of 

7 the Government Accountability Office who has a do8 mestic partner— 

9 ‘‘(A) sections 102 through 105 of that Act 

10 shall apply as though ‘domestic partner’ were 

11 inserted after ‘spouse’ each place it appears in 

12 those sections; 

13 ‘‘(B) section 101(12) of that Act shall 

14 apply as though a child of the domestic partner 

15 of the employee, which child meets the condi16 tions of subparagraphs (A) and (B) of that sec17 tion, were included in the term ‘son or daugh18 ter’ as defined in that section; and 

19 ‘‘(C) in any case in which the employee 

20 and the domestic partner of the employee are 

21 both employed by the Government Account22 ability Office, the limit on the aggregate num23 ber of workweeks of leave to which both may be 

24 entitled, as stated in section 102(f) of that Act, 

25 shall apply.’’. 


tjames on DSK6SPTVN1PROD with BILLS
113 

•S 1529 IS

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, were included in the term ‘son or 

23 daughter’ as defined in that section; and 

24 ‘‘(C) if the covered employee and the do25 mestic partner of the covered employee are emVerDate Mar 15 2010 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
114 

•S 1529 IS

1 ployed by the same employing office, the limit 

2 on the aggregate number of workweeks of leave 

3 to which both may be entitled, as stated in sec4 tion 102(f) of that Act, shall apply.’’. 

5 SEC. 703. SETTLEMENT OF ACCOUNTS. 

6 Section 5582(b) is amended by inserting ‘‘(or sur7 viving domestic partner (as defined under section 2501))’’ 

8 after ‘‘widow or widower’’. 

9 SEC. 704. PAYMENTS TO MISSING EMPLOYEES. 

10 (a) DEFINITIONS.—Section 5561 is amended— 

11 (1) in paragraph (3)— 

12 (A) in subparagraph (A), by striking 

13 ‘‘wife’’ and inserting ‘‘spouse (or domestic part14 ner)’’; and 

15 (B) by striking subparagraph (B) and in16 serting— 

17 ‘‘(B) a child, including a dependent adopt18 ed child (or a dependent child of a domestic 

19 partner not adopted by or otherwise the child of 

20 the employee), who is— 

21 ‘‘(i) unmarried (and not in a domestic 

22 partnership); and 

23 ‘‘(ii) under 21 years of age;’’; 

24 (2) in paragraph (5)(E), by striking ‘‘and’’ at 

25 the end; 


tjames on DSK6SPTVN1PROD with BILLS
115 

•S 1529 IS

1 (3) in paragraph (6)(F), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(7) ‘domestic partner’ and ‘domestic partner5 ship’ have the meanings given under section 2501.’’. 

6 (b) BENEFITS FOR CAPTIVES.—Section 5569 is 

7 amended by inserting ‘‘(or domestic partner)’’ after 

8 ‘‘spouse’’ each place it appears. 

9 SEC. 705. ANNUITY OF THE COMPTROLLER GENERAL. 

10 (a) DEFINITIONS.—Section 771 of title 31, United 

11 States Code, is amended— 

12 (1) in the matter preceding paragraph (1), by 

13 striking ‘‘subchapter—’’ and inserting ‘‘sub14 chapter:’’; 

15 (2) in paragraph (1)— 

16 (A) by inserting ‘‘The term’’ after ‘‘(1)’’; 

17 and 

18 (B) by inserting ‘‘(or the child of a report19 ing Comptroller General’s domestic partner not 

20 adopted by or otherwise the child of the Comp21 troller General)’’ after ‘‘including a stepchild’’; 

22 and 

23 (3) by striking paragraphs (2) and (3) and in24 serting the following: 


tjames on DSK6SPTVN1PROD with BILLS
116 

•S 1529 IS

1 ‘‘(2) The terms ‘domestic partner’ and ‘domes2 tic partnership’ have the meanings given under sec3 tion 2501 of title 5. 

4 ‘‘(3) The term ‘surviving spouse’ means a sur5 viving spouse of an individual who was a Comp6 troller General or retired Comptroller General and 

7 the spouse— 

8 ‘‘(A) was married to the individual for not 

9 less than 1 year immediately before the indi10 vidual died; 

11 ‘‘(B) was married to the individual imme12 diately before the individual died, was in a do13 mestic partnership with the individual imme14 diately before the marriage to such individual, 

15 and the combined duration of the domestic 

16 partnership and marriage was not less than 1 

17 year; or 

18 ‘‘(C) 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— 


tjames on DSK6SPTVN1PROD with BILLS
117 

•S 1529 IS

1 ‘‘(A) was in a domestic partnership for not 

2 less than 1 year immediately before the indi3 vidual died; 

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. 


tjames on DSK6SPTVN1PROD with BILLS
118 

•S 1529 IS

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 and 

25 (3) in subsection (e)— 


tjames on DSK6SPTVN1PROD with BILLS
119 

•S 1529 IS

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 04:22 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S1529.IS S1529

tjames on DSK6SPTVN1PROD with BILLS
120 

•S 1529 IS

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)— 


tjames on DSK6SPTVN1PROD with BILLS
121 

•S 1529 IS

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 do18 mestic partner), or a parent, brother, sis19 ter, or child of the reporting individual or 

20 of the reporting individual’s spouse (or of 

21 the reporting individual’s domestic part22 ner),’’; and 

23 (ii) in subparagraph (A), by inserting 

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

25 and 


tjames on DSK6SPTVN1PROD with BILLS
122 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
123 

•S 1529 IS

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; 


tjames on DSK6SPTVN1PROD with BILLS
124 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
125 

•S 1529 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
126 

•S 1529 IS

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’’. 


tjames on DSK6SPTVN1PROD with BILLS
127 

•S 1529 IS

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— 


tjames on DSK6SPTVN1PROD with BILLS
128 

•S 1529 IS

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. 


tjames on DSK6SPTVN1PROD with BILLS
129 

•S 1529 IS

1 SEC. 806. ACCEPTANCE OF TRAVEL ASSISTANCE FROM 

2 NON-FEDERAL SOURCES. 

3 Section 1353(a) of title 31, United States Code, is 

4 amended by inserting ‘‘(or domestic partner (as defined 

5 under section 2501 of title 5))’’ after ‘‘spouse’’. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS