I 

113TH CONGRESS 

1ST SESSION H. R. 3135 

To provide certain benefits to domestic partners of Federal employees. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 19, 2013 

Mr. POCAN (for himself, Ms. ROS-LEHTINEN, Mr. CONNOLLY, Mr. HANNA, 

Ms. BONAMICI, Mr. BRADY of Pennsylvania, Mr. BRALEY of Iowa, Mrs. 

CAPPS, Mr. CARTWRIGHT, Ms. CHU, Mr. CICILLINE, Mr. COHEN, Mr. 

CUMMINGS, Ms. DELBENE, Mr. DOYLE, Ms. EDWARDS, Ms. ESTY, Ms. 

FUDGE, Mr. GRIJALVA, Mr. HONDA, Mr. JOHNSON of Georgia, Ms. KAPTUR, Ms. LEE of California, Mr. LEWIS, Mr. LYNCH, Mrs. CAROLYN B. 

MALONEY of New York, Ms. MATSUI, Mr. MCGOVERN, Mr. MICHAUD, 

Ms. MOORE, Mr. MORAN, Mr. MURPHY of Florida, Ms. PINGREE of 

Maine, Mr. POLIS, Mr. QUIGLEY, Mr. RANGEL, Mr. RUSH, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SCHNEIDER, Ms. SCHWARTZ, Mr. 

SERRANO, Ms. SLAUGHTER, Mr. SMITH of Washington, Ms. SPEIER, Mr. 

TAKANO, Mr. TONKO, Ms. TSONGAS, Mr. VAN HOLLEN, Mr. VARGAS, 

Ms. VELA ́ZQUEZ, Mr. WALZ, Mr. WAXMAN, and Mr. WELCH) introduced 

the following bill; which was referred to the Committee on Oversight and 

Government Reform, and in addition to the Committees on Education 

and the Workforce, House Administration, and the Judiciary, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To provide certain 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, 


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1 SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON2 TENTS. 

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

4 ‘‘Domestic Partnership Benefits and Obligations Act of 

5 2013’’. 

6 (b) REFERENCES.—Except as otherwise expressly 

7 provided, whenever in this Act an amendment or repeal 

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

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

11 5, United States Code. 

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

13 this Act is as follows: 

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

TITLE I—DOMESTIC PARTNERSHIPS 

Sec. 101. Domestic partnerships. 

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 

Sec. 301. Definitions. 

Sec. 302. Creditable service. 

Sec. 303. Survivor reduction for a current spouse or a current domestic partner. 

Sec. 304. Survivor reduction for a former spouse or former domestic partner. 

Sec. 305. Survivor elections; deposit; offsets. 

Sec. 306. Survivor reductions; computation. 

Sec. 307. Insurable interest reductions. 

Sec. 308. Alternative forms of annuities. 


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Sec. 309. Lump-sum benefits; designation of beneficiary; order of precedence. 

Sec. 310. Annuities: methods of payment; election; purchase. 

Sec. 311. Protections for spouses, domestic partners, former spouses, and 

former domestic partners. 

Sec. 312. Justices and judges. 

Sec. 313. Survivor annuities: definitions. 

Sec. 314. Rights of a widow, widower, or surviving partner. 

Sec. 315. Rights of a former spouse or former domestic partner. 

Sec. 316. Authority of the Office of Personnel Management. 

Sec. 317. Cost-of-living adjustments. 

Sec. 318. 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. Relocation expenses of employees transferred or reemployed. 

Sec. 503. Taxes on reimbursements for travel, transportation, and relocation 

expenses of employees transferred. 

Sec. 504. Relocation expenses of an employee who is performing an extended 

assignment. 

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. Regulations. 

Sec. 609. Effective date. 

TITLE VII—PROVISIONS RELATING TO EMPLOYMENT OF 

RELATIVES AND OTHER MATTERS 

Sec. 701. Employment of relatives; restrictions. 

Sec. 702. Settlement of accounts. 

Sec. 703. Benefits for captives. 

Sec. 704. Compensation for disability or death. 

Sec. 705. Family and medical leave. 

TITLE VIII—ADDITIONAL PROVISIONS 

Sec. 801. Applicability. 

Sec. 802. Regulations. 


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TITLE IX—AMENDMENT TO THE ETHICS IN GOVERNMENT ACT 

OF 1978 

Sec. 901. Amendment to the Ethics in Government Act of 1978. 

TITLE X—REPORTING REQUIREMENTS 

Sec. 1001. Report of the President. 

Sec. 1002. GAO report. 

1 TITLE I—DOMESTIC 

2 PARTNERSHIPS 

3 SEC. 101. DOMESTIC PARTNERSHIPS. 

4 (a) IN GENERAL.—Chapter 21 is amended by adding 

5 at the end the following: 

6 ‘‘§ 2110. Domestic partnerships 

7 ‘‘(a) ESTABLISHMENT.—To establish the existence of 

8 a domestic partnership, between an employee, former em9 ployee, or annuitant and another individual, for purposes 

10 of the provisions of law to which this section applies, the 

11 employee, former employee, or annuitant (as the case may 

12 be) shall be required to file an affidavit, in such form and 

13 manner as the Office of Personnel Management shall by 

14 regulation prescribe, attesting to the following: 

15 ‘‘(1) Both individuals are members of the same 

16 sex. 

17 ‘‘(2) Both individuals are at least 18 years of 

18 age and competent to contract. 

19 ‘‘(3) The filing employee, former employee, or 

20 annuitant (as the case may be) has notified the 

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1 ing that their partnership satisfies the requirements 

2 of this subsection. 

3 ‘‘(4) Such individuals are in a domestic partner4 ship with one another and intend to remain so in5 definitely. 

6 ‘‘(5) Such individuals— 

7 ‘‘(A) have a common residence; or 

8 ‘‘(B) do not have a common residence be9 cause of financial, employment-related, or other 

10 reasons, as identified in the affidavit. 

11 ‘‘(6) Neither individual is married to or in a do12 mestic partnership with anyone outside of the do13 mestic partnership referred to in paragraph (4). 

14 ‘‘(7) The 2 individuals share responsibility for 

15 a significant measure of each other’s common wel16 fare and financial obligations. 

17 ‘‘(8) The 2 individuals are not related in a way 

18 that, if they were of the opposite sex, would prohibit 

19 legal marriage in any jurisdiction in which the indi20 viduals have a common residence. 

21 ‘‘(9) Neither individual resides in a covered 

22 State. 

23 ‘‘(10) The filing employee, former employee, or 

24 annuitant (as the case may be) understands that 

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1 fidavit or failure to provide appropriate notification 

2 of the termination of the domestic partnership may 

3 lead to the recovery of amounts obtained as a result 

4 of such falsification or failure (as the case may be), 

5 criminal or other penalties, and (in appropriate 

6 cases) disciplinary action. 

7 An affidavit shall not be effective for purposes of estab8 lishing the existence of a domestic partnership under this 

9 section unless the filing individual is an employee, former 

10 employee, or annuitant as of the time of filing. No two 

11 individuals shall, for purposes of the provisions of law to 

12 which this section applies, be treated as being in a domes13 tic partnership with one another unless there is in effect, 

14 in accordance with regulations prescribed by the Office, 

15 an affidavit filed in accordance with the preceding provi16 sions of this subsection. 

17 ‘‘(b) TERMINATION.— 

18 ‘‘(1) IN GENERAL.—A domestic partnership es19 tablished under subsection (a) terminates— 

20 ‘‘(A) upon the death of either domestic 

21 partner; 

22 ‘‘(B) if the condition set forth in sub23 section (a)(9) has ceased to exist for a period 

24 of 6 months; or 


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1 ‘‘(C) upon the occurrence of such other 

2 terminating event or condition as the Director 

3 may by regulation prescribe. 

4 ‘‘(2) NOTIFICATION.— 

5 ‘‘(A) IN GENERAL.—If a domestic partner6 ship terminates, either or both of the domestic 

7 partners shall, within 30 days after the date as 

8 of which such partnership terminates, execute 

9 and file a notification, in such form and in such 

10 manner the Director shall by regulation pre11 scribe, stating— 

12 ‘‘(i) that the partnership has termi13 nated; 

14 ‘‘(ii) the date as of which the partner15 ship terminated; and 

16 ‘‘(iii) the event or condition pursuant 

17 to which termination occurred. 

18 ‘‘(B) REGULATIONS.—Regulations to carry 

19 out this subsection shall include provisions— 

20 ‘‘(i) for determining the date as of 

21 which a domestic partnership terminates 

22 by reason of each subparagraph of para23 graph (1); and 

24 ‘‘(ii) under which, one’s place of per25 manent residence (as defined in such reguVerDate Mar 15 2010 23:16 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135

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1 lations) shall be used for purposes of ap2 plying paragraph (1)(B). 

3 ‘‘(c) DOMESTIC PARTNER DEFINED.—For purposes 

4 of the provisions of law to which this section applies, the 

5 term ‘domestic partner’ means an individual who is in a 

6 domestic partnership, as described in subsection (a). 

7 ‘‘(d) OTHER DEFINITIONS.—For purposes of this 

8 section— 

9 ‘‘(1) the term ‘employee’ means an employee as 

10 defined by section 2105, an employee of a non11 appropriated fund instrumentality of the Depart12 ment of Defense or the Coast Guard (as described 

13 in section 2105(c)), an employee of the United 

14 States Postal Service or of the Postal Regulatory 

15 Commission (as described in section 2105(e)), a 

16 Member of Congress, a member of the commissioned 

17 corps of the Public Health Service, a member of the 

18 commissioned corps of the National Oceanic and At19 mospheric Administration, and any other individual 

20 who is employed by the Government (as determined 

21 under regulations of the President or a designee 

22 thereof), but does not include a technician (within 

23 the meaning of section 8337(h)) or, notwithstanding 

24 any provision of chapter 43 of title 38, a member of 

25 the armed forces; 


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1 ‘‘(2) the term ‘annuitant’ means— 

2 ‘‘(A) an annuitant within the meaning of 

3 section 8331 or 8401; and 

4 ‘‘(B) as determined under regulations pre5 scribed by the President or a designee thereof, 

6 any other individual who is entitled to benefits 

7 (based on the service of such individual) under 

8 a retirement system for employees of the Gov9 ernment; 

10 ‘‘(3) 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 such 

14 State, country, or political subdivision; and 

15 ‘‘(4) the term ‘State’ means each of the several 

16 States, the District of Columbia, the Commonwealth 

17 of Puerto Rico, and any other territory or possession 

18 of the United States. 

19 ‘‘(e) CONFIDENTIALITY.—No individual may— 

20 ‘‘(1) use the information obtained under sub21 section (a) for any purpose other than the adminis22 tration of any provision of law to which this section 

23 applies; or 

24 ‘‘(2) furnish any information obtained under 

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1 ine or otherwise gain access to any such information, 

2 except for— 

3 ‘‘(A) an individual who needs such infor4 mation for a purpose that satisfies paragraph 

5 (1); or 

6 ‘‘(B) a member of the domestic partner7 ship to which the information pertains or an 

8 authorized representative thereof. 

9 ‘‘(f) APPLICABILITY.—This section applies for pur10 poses of the provisions of this title (excluding chapter 81) 

11 and any provision of law identified in or under title VIII 

12 of the Domestic Partnership Benefits and Obligations Act 

13 of 2013.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 for chapter 21 is amended by adding at the end the fol16 lowing: 

‘‘2110. Domestic partnerships.’’. 

17 TITLE II—CIVIL SERVICE 

18 RETIREMENT SYSTEM 

19 SEC. 201. DEFINITIONS. 

20 (a) FORMER SPOUSE.—Subparagraph (B) of section 

21 8331(23) is amended to read as follows: 

22 ‘‘(B) if the former spouse— 

23 ‘‘(i) was married to such individual 

24 for at least 9 months; or 


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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 at least 9 months;’’. 

6 (b) FORMER DOMESTIC PARTNER.—Section 8331 is 

7 amended— 

8 (1) in paragraph (31), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (32), by striking the period 

11 and inserting ‘‘; and’’; and 

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

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

14 domestic partner of an individual— 

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

16 18 months of civilian service as an employee or 

17 Member; and 

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

19 ‘‘(i) was in a domestic partnership 

20 with such individual for at least 9 months; 

21 or 

22 ‘‘(ii) was married to such individual 

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1 bined duration of the marriage and domes2 tic partnership was at least 9 months.’’. 

3 SEC. 202. CREDITABLE SERVICE. 

4 Section 8332 is amended— 

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

6 ‘‘former spouse.’’ and inserting ‘‘former spouse or 

7 former domestic partner.’’; and 

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

9 by striking ‘‘spouse’’ each place it appears and in10 serting ‘‘spouse, domestic partner,’’. 

11 SEC. 203. COMPUTATION OF ANNUITY. 

12 Section 8339 is amended— 

13 (1) in subsection (j)— 

14 (A) in paragraph (1)— 

15 (i) by inserting ‘‘(or domestic part16 ner)’’ after ‘‘the spouse’’ each place it ap17 pears; 

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

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

20 (iii) by inserting ‘‘(or domestic part21 ner’s)’’ after ‘‘the spouse’s’’ each place it 

22 appears; 

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

24 former domestic partner)’’ after ‘‘former 

25 spouse’’ each place it appears; 


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1 (C) in paragraph (3)— 

2 (i) in the first sentence— 

3 (I) by inserting ‘‘(or former do4 mestic partner)’’ after ‘‘former 

5 spouse’’ each place it appears; and 

6 (II) by inserting ‘‘(or being in a 

7 domestic partnership with)’’ after 

8 ‘‘based on marriage to’’; 

9 (ii) in the second sentence— 

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

11 partnership of the former domestic 

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

13 the former spouse to’’; and 

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

15 and inserting ‘‘is dissolved (or termi16 nated),’’; 

17 (iii) in the sixth sentence, by striking 

18 ‘‘former spouse.’’ and inserting ‘‘former 

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

20 (iv) in subparagraph (B)— 

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

22 and inserting ‘‘is then married (or is 

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

24 (II) by striking ‘‘the spouse’s 

25 written consent.’’ and inserting ‘‘the 


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1 written consent of the spouse (or do2 mestic partner).’’; and 

3 (v) by amending the next to last sen4 tence to read as follows: ‘‘In the case of a 

5 retired employee or Member whose annuity 

6 is being reduced in order to provide a sur7 vivor annuity for a former spouse (or 

8 former domestic partner), an election to 

9 provide or increase a survivor annuity for 

10 any other former spouse (or any other 

11 former domestic partner), and to continue 

12 an appropriate reduction for that purpose, 

13 may be made within the same period that, 

14 and subject to the same conditions under 

15 which, an election could be made under 

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

17 a current domestic partner), subject to the 

18 provisions of this paragraph relating to 

19 consent of a current spouse (or of a cur20 rent domestic partner), if the retired em21 ployee or Member is then married (or in a 

22 domestic partnership).’’; and 

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

24 follows: 


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

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

3 the current domestic partner) of a retired employee or 

4 Member shall be terminated for each full month— 

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

6 partner), or 

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

8 spouse (or the termination of the domestic partner9 ship of the domestic partner) to the employee or 

10 Member, 

11 except that an appropriate reduction shall be made there12 after if the spouse (or domestic partner) is entitled, as 

13 a former spouse (or former domestic partner), to a sur14 vivor annuity under section 8341(h). 

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

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

17 former domestic partner) of a retired employee or Member 

18 shall be terminated for each full month after the former 

19 spouse remarries (or the former domestic partner enters 

20 into a subsequent domestic partnership) before reaching 

21 age 55 or dies. This reduction shall be replaced by an ap22 propriate reduction or reductions under paragraph (4) if 

23 the retired employee or Member has (i) another former 

24 spouse (or another former domestic partner) who is enti25 tled to a survivor annuity under section 8341(h), (ii) a 


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1 current spouse to whom the employee or Member was mar2 ried (or a current domestic partner with whom the em3 ployee or Member was in a domestic partnership) at the 

4 time of retirement and with respect to whom a survivor 

5 annuity was not jointly waived under paragraph (1), or 

6 (iii) a current spouse whom the employee or Member mar7 ried (or a current domestic partner with whom the em8 ployee or Member entered into domestic partnership) after 

9 retirement and with respect to whom an election has been 

10 made under subparagraph (C) or subsection (k)(2). 

11 ‘‘(C)(i) Upon remarriage (or entry into a subsequent 

12 domestic partnership), a retired employee or Member who 

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

14 of retirement, including an employee or Member whose an15 nuity was not reduced to provide a survivor annuity for 

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

17 domestic partner or former domestic partner) as of the 

18 time of retirement, may irrevocably elect during such mar19 riage (or domestic partnership), in a signed writing re20 ceived by the Office— 

21 ‘‘(I) within 2 years after such remarriage (or 

22 such subsequent domestic partnership), or 

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

24 ‘‘(aa) the death or remarriage of any 

25 former spouse (or the death of or entry into a 


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1 subsequent domestic partnership by any former 

2 domestic partner) of such employee or Member 

3 who was entitled to a survivor annuity under 

4 section 8341(h), or 

5 ‘‘(bb) if there was more than 1, the death 

6 or remarriage of the last such surviving former 

7 spouse (or the death of or entry into a subse8 quent domestic partnership by the last such 

9 surviving former domestic partner), 

10 a reduction in the employee’s or Member’s annuity under 

11 paragraph (4) for the purpose of providing an annuity for 

12 such employee’s or Member’s spouse (or domestic partner) 

13 in the event such spouse (or domestic partner) survives 

14 the employee or Member. 

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

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

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

18 of the remarriage (or entry into the subsequent domestic 

19 partnership), and the retired employee or Member shall 

20 deposit in the Fund an amount determined by the Office 

21 of Personnel Management, as nearly as may be adminis22 tratively feasible, to reflect the amount by which the annu23 ity of such retired employee or Member would have been 

24 reduced if the election had been in effect since the date 

25 of retirement or, if later, the date the previous reduction 


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1 in such retired employee’s or Member’s annuity was termi2 nated under subparagraph (A) or (B), plus interest. For 

3 the purposes of the preceding sentence, the annual rate 

4 of interest for each year during which an annuity would 

5 have been reduced if the election had been in effect on 

6 and after the applicable date referred to in such sentence 

7 shall be 6 percent. 

8 ‘‘(iii) The Office shall, by regulation, provide for pay9 ment of the deposit required under clause (ii) by a reduc10 tion in the annuity of the employee or Member. The reduc11 tion shall, to the extent practicable, be designed so that 

12 the present value of the future reduction is actuarially 

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

14 that total reductions in the annuity of an employee or 

15 Member to pay deposits required by the provisions of this 

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

17 of the annuity computed under subsections (a) through 

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

19 8340. The reduction required by this clause, which shall 

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

21 (i), shall be permanent and unaffected by any future dis22 solution of the marriage (or termination of the domestic 

23 partnership). Such reduction shall be independent of and 

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


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1 ‘‘(iv) Notwithstanding any other provision of this sub2 paragraph, an election under this subparagraph may not 

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

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

5 a subsequent domestic partnership) if such spouse was 

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

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

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

9 survivor benefits for such spouse (or domestic partner) 

10 under this subchapter based on marriage (or domestic 

11 partnership) to such employee or Member were then 

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

13 of law. 

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

15 person under this subparagraph— 

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

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

18 with respect to such person; or 

19 ‘‘(II) shall, if an election was made by the em20 ployee or Member under such subsection (k)(1) with 

21 respect to a different person, prospectively void such 

22 election if appropriate written application is made by 

23 such employee or Member at the time of making the 

24 election under this subparagraph. 


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

2 shall not apply if— 

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

4 under this subparagraph after having made an elec5 tion under subsection (k)(1); and 

6 ‘‘(II) the election under subsection (k)(1) be7 comes void under clause (v).’’; 

8 (2) in subsection (k)— 

9 (A) in paragraph (1)— 

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

11 Member’’ and inserting ‘‘an employee or 

12 Member who is married (or in a domestic 

13 partnership)’’; and 

14 (ii) by inserting ‘‘(or domestic part15 ner)’’ after ‘‘spouse’’ each place it appears; 

16 and 

17 (B) in paragraph (2)— 

18 (i) by striking the matter before sub19 paragraph (B) and inserting the following: 

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

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

22 under a provision of law which permits election of a re23 duced annuity with a survivor annuity payable to such em24 ployee’s or Member’s spouse (or domestic partner) and 

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


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

2 Office— 

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

4 Member marries (or enters into a domestic partner5 ship), or 

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

7 ‘‘(I) the death or remarriage of any former 

8 spouse (or the death of or entry into a subse9 quent domestic partnership by any former do10 mestic partner) of such employee or Member 

11 who was entitled to a survivor annuity under 

12 section 8341(h), or 

13 ‘‘(II) if there was more than 1, the death 

14 (or entry into a subsequent domestic partner15 ship) by the last such surviving former spouse 

16 (or surviving former domestic partner), 

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

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

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

20 matter before subclause (I)), by striking 

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

22 entry into a domestic partnership).’’; 

23 (iii) in subparagraph (B)(ii), by in24 serting ‘‘(or in a domestic partnership)’’ 

25 after ‘‘married’’; and 


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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 


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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 at least 9 months immediately be22 fore 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 23:16 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135

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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 at least 9 

5 months; or 

6 ‘‘(C) is the mother of issue by the mar7 riage referred to in subparagraph (A) or (B), as 

8 the case may be; 

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

10 an employee or Member who— 

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

12 Member for at least 9 months immediately be13 fore the death of such employee or Member; 

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

15 Member immediately before the death of such 

16 employee or Member, was in a domestic part17 nership with such employee or Member imme18 diately before the marriage to such employee or 

19 Member, and the combined duration of the do20 mestic partnership and marriage was at least 9 

21 months; or 

22 ‘‘(C) is the father of issue by the marriage 

23 referred to in subparagraph (A) or (B), as the 

24 case may be;’’; 


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1 (B) by redesignating paragraphs (3) and 

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

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

4 following: 

5 ‘‘(3) ‘surviving partner’ means the surviving do6 mestic partner of an employee or Member who— 

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

8 such employee or Member for at least 9 months 

9 immediately before the death of such employee 

10 or Member; or 

11 ‘‘(B) satisfies such other requirement, 

12 based on parenthood, as the Office of Personnel 

13 Management shall by regulation prescribe based 

14 on the definition of a widow or widower under 

15 this section;’’; and 

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

17 by subparagraph (B))— 

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

19 ‘‘(or surviving domestic partner)’’ after 

20 ‘‘the surviving spouse’’; and 

21 (ii) by adding at the end the fol22 lowing: ‘‘The Office shall prescribe regula23 tions to provide that, for purposes of ap24 plying the provisions of paragraph 

25 (5)(A)(ii) (relating to the treatment of a 


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1 stepchild) in the case of a domestic part2 nership, rules similar to those prescribed to 

3 carry out section 8901(5)(B) in similar cir4 cumstances shall apply.’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (1)— 

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

8 each place it appears and inserting ‘‘widow 

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

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

13 (B) in paragraph (2)— 

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

15 each place it appears and inserting ‘‘widow 

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

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

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

19 (C) in paragraph (3)— 

20 (i) in the matter before subparagraph 

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

22 after ‘‘spouse’’; 

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

24 each place it appears and inserting ‘‘widow 

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


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

2 ‘‘(or enters into a subsequent domestic 

3 partnership)’’ after ‘‘remarries’’; and 

4 (D) in paragraph (4)— 

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

6 each place it appears and inserting ‘‘widow 

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

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

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

10 ‘‘former spouse’’; 

11 (3) in subsection (d)— 

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

13 place it appears and inserting ‘‘widow or wid14 ower (or surviving partner)’’; 

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

16 former domestic partner)’’ after ‘‘former 

17 spouse’’; and 

18 (C) in clause (ii), by inserting ‘‘(or enters 

19 into a subsequent domestic partnership)’’ after 

20 ‘‘remarries’’; 

21 (4) in subsection (e)— 

22 (A) by striking the matter before para23 graph (2) and inserting the following: 

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


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

2 spouse who was married to an employee or Member 

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

4 employee or Member who completed less than 18 

5 months of service covered by this subchapter; and 

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

9 less than 9 months and a former domestic partner 

10 of an employee or Member who completed less than 

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

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

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

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

17 (C) in paragraph (3)— 

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

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

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

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


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1 (I) by inserting ‘‘(or domestic 

2 partner or former domestic partner)’’ 

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

4 (II) by striking ‘‘spouse, former 

5 spouse, or child’’ and inserting 

6 ‘‘spouse or former spouse (or domestic 

7 partner or former domestic partner) 

8 or child,’’; and 

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

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

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

15 following: 

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

17 from the service with title to deferred annuity from the 

18 Fund hereafter dies before having established a valid claim 

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

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

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

23 ‘‘(1) is entitled to an annuity equal to 55 per24 cent of the deferred annuity of the Member com25 mencing on the day after the Member dies and terVerDate Mar 15 2010 23:16 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135

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1 minating on the last day of the month before the 

2 surviving spouse dies or remarries (or the surviving 

3 domestic partner dies or enters into a subsequent 

4 domestic partnership); or 

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

6 instead of annuity if the spouse (or domestic part7 ner) is the individual who would be entitled to the 

8 lump-sum credit and files application therefor with 

9 the Office before the award of the annuity. 

10 Notwithstanding the preceding sentence, an annuity pay11 able under this subsection to the surviving spouse (or sur12 viving domestic partner) of a Member may not exceed the 

13 difference between— 

14 ‘‘(A) the annuity which would otherwise be pay15 able to such surviving spouse (or such surviving do16 mestic partner) under this subsection, and 

17 ‘‘(B) the amount of the survivor annuity pay18 able to any former spouse (or any former domestic 

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

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

21 following: 

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

23 domestic partner) whose annuity under this section is ter24 minated because of remarriage (or entry into a subsequent 

25 domestic partnership) before becoming 55 years of age, 


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1 annuity at the same rate shall be restored commencing 

2 on the day the remarriage (or subsequent domestic part3 nership) is dissolved by death, annulment, or divorce (or 

4 terminated), if— 

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

6 partner) elects to receive this annuity instead of a 

7 survivor benefit to which he may be entitled, under 

8 this subchapter or another retirement system for 

9 Government employees, by reason of the remarriage 

10 (or subsequent domestic partnership); and 

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

12 annuity is returned to the Fund.’’; 

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

14 following: 

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

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

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

18 separated from the service with title to a deferred annuity 

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

20 under this subsection, if and to the extent expressly pro21 vided for in an election under section 8339(j)(3), or in 

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

23 court order or court-approved property settlement agree24 ment incident to such decree. 


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

2 former domestic partner) under this subsection may not 

3 exceed the difference between— 

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

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

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

8 this subsection to any other former spouse (or 

9 former domestic partner) of the employee, Member, 

10 or annuitant, based on an election previously made 

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

12 issued. 

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

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

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

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

20 retirement; 

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

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


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

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

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

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

9 ‘‘(A) shall not commence before— 

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

11 or annuitant dies, or 

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

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

18 whichever is later, and 

19 ‘‘(B) shall terminate— 

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

21 in the case of an annuity computed by reference 

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

23 later than the last day of the month before the 

24 former spouse remarries (or former domestic 

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1 nership) before becoming 55 years of age or 

2 dies; or 

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

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

5 later than the last day of the month before the 

6 former spouse remarries or dies (or the former 

7 domestic partner enters into a subsequent do8 mestic partnership or dies). 

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

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

11 paragraph (1) shall not be effective— 

12 ‘‘(A) if such modification is made after the re13 tirement or death of the employee or Member con14 cerned, and 

15 ‘‘(B) to the extent that such modification in16 volves an annuity under this subsection. 

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

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

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

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

21 any joint designation or waiver previously executed with 

22 respect to such former spouse (or former domestic part23 ner) under section 8339(j)(1) or a similar prior provision 

24 of law. 


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

2 bars recovery by any other person. 

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

4 court of any State, the District of Columbia, the Common5 wealth of Puerto Rico, Guam, the Northern Mariana Is6 lands, or the Virgin Islands, and any Indian court.’’; 

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

8 following: 

9 ‘‘(i)(1) The requirement— 

10 ‘‘(A) in subsection (a)(1) or (a)(2) that the 

11 widow or widower of an employee or Member have 

12 been— 

13 ‘‘(i) married to such employee or Member 

14 for at least 9 months, or 

15 ‘‘(ii) married to such employee or Member 

16 after having been in a domestic partnership 

17 with such employee or Member for a combined 

18 total of at least 9 months, 

19 immediately before the employee’s or Member’s 

20 death in order to qualify as the widow or widower 

21 of such employee or Member, or 

22 ‘‘(B) in subsection (a)(3) that the surviving 

23 partner of an employee or Member have been in a 

24 domestic partnership with such employee or Member 

25 immediately before the employee’s or Member’s 


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1 death in order to qualify as the surviving partner of 

2 such employee or Member, 

3 shall be deemed satisfied if the employee or Member dies 

4 within the applicable 9-month period, and either of the 

5 conditions described in paragraph (2) is met. 

6 ‘‘(2) The alternative conditions described in this 

7 paragraph are the following: 

8 ‘‘(A) The death of the employee or Member was 

9 accidental. 

10 ‘‘(B) The surviving widow or widower (or sur11 viving domestic partner) of such individual was pre12 viously in a marriage (or a domestic partnership) 

13 with the individual that was subsequently dissolved 

14 (or terminated), and the aggregate time married (or 

15 in a domestic partnership) is at least 9 months.’’; 

16 and 

17 (9) by redesignating subsection (k) as sub18 section (j) and amending such subsection to read as 

19 follows: 

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

21 (h)(3)(B)(i), to the extent that they provide for termi22 nation of a survivor annuity because of a remarriage (or 

23 entry into a subsequent domestic partnership) before age 

24 55, shall not apply if the widow, widower or former spouse 

25 was married to (or if the surviving partner or former doVerDate Mar 15 2010 04:35 Sep 26, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135

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1 mestic partner was in a domestic partnership with) the 

2 individual on whose service the survivor annuity is based 

3 for at least 30 years or a combined total of at least 30 

4 years. 

5 ‘‘(2) A remarriage (or entry into a subsequent domes6 tic partnership) described in paragraph (1) shall not be 

7 taken into account for purposes of subparagraph (B) or 

8 (C) of section 8339(j)(5) or any other provision of this 

9 chapter which the Director of the Office of Personnel 

10 Management may by regulation identify in order to carry 

11 out the purposes of this subsection.’’. 

12 SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE13 FICIARY; ORDER OF PRECEDENCE. 

14 Section 8342 is amended— 

15 (1) in subsection (c), by inserting ‘‘(or surviving 

16 partner)’’ after ‘‘widow or widower’’; and 

17 (2) in subsection (j)— 

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

19 the domestic partner, if any, and any former 

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

21 and any former spouse’’; and 

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

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

24 former spouse’’ each place it appears. 


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1 SEC. 207. ALTERNATIVE FORMS OF ANNUITIES. 

2 Section 8343a is amended— 

3 (1) in subsection (b)(2), by inserting ‘‘(or in a 

4 domestic partnership)’’ after ‘‘married’’; 

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

6 surviving domestic partner)’’ after ‘‘surviving 

7 spouse’’; and 

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

10 SEC. 208. ADMINISTRATION; REGULATIONS. 

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

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

13 spouses, domestic partners, former spouses, and former 

14 domestic partners’’. 

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

16 Section 8351(b)(5) is amended— 

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

19 place it appears; 

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

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

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

24 (3) in subparagraph (D), by inserting ‘‘(or do25 mestic partner or former domestic partner)’’ after 

26 ‘‘spouse or former spouse’’. 


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1 TITLE III—FEDERAL EMPLOY2 EES’ RETIREMENT SYSTEM 

3 SEC. 301. DEFINITIONS. 

4 (a) FORMER SPOUSE.—Subparagraph (B) of section 

5 8401(12) is amended to read as follows: 

6 ‘‘(B) if the former spouse— 

7 ‘‘(i) was married to such individual 

8 for at least 9 months; or 

9 ‘‘(ii) was in a domestic partnership 

10 with the individual immediately before a 

11 marriage to such individual, and the com12 bined duration of the domestic partnership 

13 and marriage was at least 9 months;’’. 

14 (b) FORMER DOMESTIC PARTNER.—Section 8401 is 

15 amended— 

16 (1) in paragraph (36), by striking ‘‘and’’ at the 

17 end; 

18 (2) in paragraph (37), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

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

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

22 domestic partner of an individual— 

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

24 18 months of civilian service creditable under 

25 section 8411 as an employee or Member; and 


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

2 ‘‘(i) was in a domestic partnership 

3 with such individual for at least 9 months; 

4 or 

5 ‘‘(ii) was married to such individual 

6 immediately after being in a domestic part7 nership with such individual, and the com8 bined duration of the marriage and domes9 tic partnership was at least 9 months.’’. 

10 SEC. 302. CREDITABLE SERVICE. 

11 Section 8411 is amended— 

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

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

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

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

16 (3) in subsection (l)(5), by inserting ‘‘(or do17 mestic partner)’’ after ‘‘spouse’’ each place it ap18 pears. 

19 SEC. 303. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 

20 OR A CURRENT DOMESTIC PARTNER. 

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

22 (1) in the heading, by inserting ‘‘or a cur23 rent domestic partner’’ after ‘‘spouse’’; 

24 (2) in subsection (a)— 


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1 (A) by inserting ‘‘(or in a domestic part2 nership)’’ after ‘‘married’’ each place it ap3 pears; 

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

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

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

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

8 (3) by amending subsection (b) to read as fol9 lows: 

10 ‘‘(b)(1) Upon remarriage (or entry into a subsequent 

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 ‘‘(A) within 2 years after such remarriage (or 

21 entry into a subsequent domestic partnership), or 

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

23 ‘‘(i) the death or remarriage of any former 

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1 mestic partner) of such employee or Member 

2 who was entitled to a survivor annuity under 

3 section 8445, or 

4 ‘‘(ii) if there was more than 1, the death 

5 or remarriage of the last such surviving former 

6 spouse (or the death of or entry into a subse7 quent domestic partnership by the last such 

8 surviving former domestic partner), 

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

10 section 8419(a) for the purpose of providing an annuity 

11 for such employee’s or Member’s spouse (or domestic part12 ner) in the event such spouse (or domestic partner) sur13 vives the employee or Member. 

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

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

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

17 of the remarriage (or entry into the subsequent domestic 

18 partnership). 

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

20 individual under this subsection— 

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

22 by the employee or Member under section 8420 with 

23 respect to such individual; or 

24 ‘‘(B) shall, if an election was made by the em25 ployee or Member under section 8420 with respect 


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1 to a different individual, prospectively void such elec2 tion if appropriate written application is made by 

3 such employee or Member at the time of making the 

4 election under this subsection. 

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

6 employee or Member on behalf of an individual after the 

7 retirement of such employee or Member shall not be effec8 tive if— 

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

10 (or in a domestic partnership with) such individual 

11 at the time of retirement; and 

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

13 on the service of such employee or Member were 

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

15 (4) in subsection (c)— 

16 (A) by striking the matter before para17 graph (2) and inserting the following: 

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

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

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

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

22 writing received by the Office— 

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

24 Member marries (or enters into a domestic partner25 ship), or 


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

2 ‘‘(i) the death or remarriage of any former 

3 spouse (or the death of or entry into a subse4 quent domestic partnership by any domestic 

5 partner) of such employee or Member who was 

6 entitled to a survivor annuity under section 

7 8445, or 

8 ‘‘(ii) if more than 1, the death or remar9 riage of the last such surviving former spouse 

10 (or the death of or the entry into a subsequent 

11 domestic partnership by the last such surviving 

12 domestic partner), 

13 a reduction in the current annuity of the retired employee 

14 or Member, in accordance with section 8419(a).’’; and 

15 (B) in paragraph (2), by striking ‘‘mar16 riage.’’ and inserting ‘‘marriage (or domestic 

17 partnership).’’; and 

18 (5) in subsection (d)(1)— 

19 (A) by inserting ‘‘(or in a domestic part20 nership)’’ after ‘‘married’’; and 

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

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

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 for chapter 84, is amended by striking the item relating 

25 to section 8416 and inserting the following: 

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


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1 SEC. 304. SURVIVOR REDUCTION FOR A FORMER SPOUSE 

2 OR FORMER DOMESTIC PARTNER. 

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

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

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

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

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

8 (3) in subsection (b)— 

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

10 former domestic partner)’’ after ‘‘former 

11 spouse’’ each place it appears; 

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

13 follows: 

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

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

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

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

18 marriage of the former spouse to the employee or Member 

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

20 domestic partner with the employee or Member is so ter21 minated).’’; and 

22 (C) in paragraph (3)— 

23 (i) in subparagraph (A)(ii), by insert24 ing ‘‘(or a surviving partner)’’ after ‘‘a 

25 widow or widower’’; and 


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1 (ii) by amending subparagraph (B) to 

2 read as follows: 

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

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

5 domestic partnership), unless it is made with the 

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

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 for chapter 84 of title 5, United States Code, is amended 

9 by striking the item relating to section 8417 and inserting 

10 the following: 

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

11 SEC. 305. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS. 

12 Section 8418(b) is amended— 

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

14 after ‘‘marriage’’; and 

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

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

17 SEC. 306. SURVIVOR REDUCTIONS; COMPUTATION. 

18 Section 8419 is amended— 

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

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

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

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

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


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

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

4 partner); or 

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

8 Member, except that an appropriate reduction shall 

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

12 8445. 

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

14 providing a survivor annuity for a former spouse (or 

15 former domestic partner) of a retired employee or Member 

16 shall be terminated for each full month after the former 

17 spouse remarries (or the former domestic partner enters 

18 into a subsequent domestic partnership) before reaching 

19 age 55 or dies. This reduction shall be replaced by appro20 priate reductions under subsection (a) if the retired em21 ployee or Member has— 

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

23 partner) who is entitled to a survivor annuity under 

24 section 8445; 


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

2 Member was married (or a current domestic partner 

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

5 respect to whom a survivor annuity was not waived 

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

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

8 made; or 

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

10 Member married (or current domestic partner with 

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

15 SEC. 307. INSURABLE INTEREST REDUCTIONS. 

16 Section 8420 is amended— 

17 (1) in subsection (b)(1)— 

18 (A) by striking ‘‘married employee or 

19 Member’’ and inserting ‘‘employee or Member 

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

21 and 

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

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

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

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


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1 SEC. 308. ALTERNATIVE FORMS OF ANNUITIES. 

2 Section 8420a is amended— 

3 (1) in subsection (b)(2)— 

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

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

6 after ‘‘married’’; and 

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

9 (or surviving domestic partner).’’; 

10 (2) in subsection (d)— 

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

13 partnership),’’; and 

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

15 former domestic partner)’’ after ‘‘former 

16 spouse’’ each place it appears; and 

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

19 SEC. 309. LUMP-SUM BENEFITS; DESIGNATION OF BENE20 FICIARY; ORDER OF PRECEDENCE. 

21 Section 8424 is amended— 

22 (1) in subsection (b)— 

23 (A) in paragraph (1)— 

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

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

26 spouse’’ and inserting ‘‘any spouse or 


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1 former spouse (and any domestic partner 

2 or former domestic partner)’’; and 

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

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

5 appears and inserting ‘‘spouse or former 

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

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

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

11 partner or former domestic partner)’’; and 

12 (2) in subsection (d), by striking ‘‘widow or 

13 widower’’ and inserting ‘‘widow or widower (or sur14 viving partner)’’. 

15 SEC. 310. ANNUITIES: METHODS OF PAYMENT; ELECTION; 

16 PURCHASE. 

17 Section 8434(a)(2) is amended— 

18 (1) in subparagraph (B), by inserting ‘‘(or do19 mestic partner)’’ after ‘‘spouse’’; and 

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

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

22 SEC. 311. PROTECTIONS FOR SPOUSES, DOMESTIC PART23 NERS, FORMER SPOUSES, AND FORMER DO24 MESTIC PARTNERS. 

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


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1 (1) in the heading, by striking ‘‘spouses and 

2 former spouses’’ and inserting ‘‘spouses, do3 mestic partners, former spouses, and 

4 former domestic partners’’; 

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’’ each 

16 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 


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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)(A), by inserting ‘‘(or 

13 surviving domestic partner)’’ after ‘‘surviving 

14 spouse’’; and 

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

16 former domestic partners)’’ after ‘‘former 

17 spouses’’; 

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 


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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) CLERICAL AMENDMENT.—The table of sections 

10 for chapter 84 is amended by striking the item relating 

11 to section 8435 and inserting the following: 

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

domestic partners.’’. 

12 SEC. 312. JUSTICES AND JUDGES. 

13 Section 8440a(b)(6) is amended by inserting ‘‘(or do14 mestic partners)’’ after ‘‘spouses’’. 

15 SEC. 313. SURVIVOR ANNUITIES: DEFINITIONS. 

16 Section 8441 is amended— 

17 (1) by striking paragraphs (1) and (2) and in18 serting the following: 

19 ‘‘(1) ‘widow’ means the surviving wife of an em20 ployee or Member who— 

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

22 Member for at least 9 months immediately be23 fore the death of such employee or Member; 


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

2 Member immediately before the death of such 

3 employee or Member, was in a domestic part4 nership with such employee or Member imme5 diately before the marriage to such employee or 

6 Member, and the combined duration of the do7 mestic partnership and marriage was at least 9 

8 months; or 

9 ‘‘(C) is the mother of issue by the mar10 riage referred to in subparagraph (A) or (B), as 

11 the case may be; 

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

13 an employee or Member who— 

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

15 Member for at least 9 months immediately be16 fore the death of such employee or Member; 

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

18 Member immediately before the death of such 

19 employee or Member, was in a domestic part20 nership with such employee or Member imme21 diately before the marriage to such employee or 

22 Member, and the combined duration of the do23 mestic partnership and marriage was at least 9 

24 months; or 


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1 ‘‘(C) is the father of issue by the marriage 

2 referred to in subparagraph (A) or (B), as the 

3 case may be;’’; 

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

5 paragraphs (4) and (5), respectively, and by insert6 ing after paragraph (2) the following: 

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

8 surviving domestic partner of an employee, Member, 

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

10 who— 

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

12 such employee, Member, or annuitant, or 

13 former employee or Member, for at least 9 

14 months immediately before the death of such 

15 employee, Member, or annuitant, or former em16 ployee or Member; or 

17 ‘‘(B) satisfies such other requirement, 

18 based on parenthood, as the Office of Personnel 

19 Management shall by regulation prescribe based 

20 on the definition of a widow or widower under 

21 this section;’’; 

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

23 paragraph (2)) in subparagraph (A), by inserting 

24 ‘‘(or surviving partner)’’ after ‘‘widow or widower’’; 

25 and 


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1 (4) by adding after ‘‘interim.’’ the following: 

2 ‘‘The Office shall prescribe regulations to provide 

3 that, for purposes of applying the provisions of para4 graph (5)(A)(ii) (relating to the treatment of a step5 child) in the case of a domestic partnership, rules 

6 similar to those prescribed to carry out section 

7 8901(5)(B) in similar circumstances shall apply.’’. 

8 SEC. 314. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING 

9 PARTNER. 

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

11 (1) in the heading, by striking ‘‘widow or 

12 widower’’ and inserting ‘‘widow, widower, or 

13 surviving partner’’; 

14 (2) in subsection (a)— 

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

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

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

18 entry into a domestic partnership)’’ after ‘‘mar19 riage’’; and 

20 (C) in paragraph (2), by inserting ‘‘(or do21 mestic partner)’’ after ‘‘spouse’’ each place it 

22 appears; 

23 (3) in subsection (b), by inserting ‘‘(or sur24 viving partner)’’ after ‘‘widow or widower’’ each 

25 place it appears; 


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1 (4) in subsection (c)— 

2 (A) in paragraph (1), (in the matter before 

3 subparagraph (A)), by inserting ‘‘(or a sur4 viving partner with whom in a domestic part5 nership)’’ after ‘‘widow or widower to whom 

6 married’’; and 

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

8 place it appears (other than where amended by 

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

10 widower (or surviving partner)’’; 

11 (5) in subsection (d)— 

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

13 place it appears and inserting ‘‘widow or wid14 ower (or surviving partner)’’; 

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

16 enters into a subsequent domestic partnership)’’ 

17 after ‘‘remarries’’; 

18 (C) in paragraph (2)— 

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

20 and inserting ‘‘remarriage (or entry into a 

21 subsequent domestic partnership) before’’; 

22 (ii) by striking ‘‘remarriage is dis23 solved by death, divorce, or annulment,’’ 

24 and inserting ‘‘remarriage is dissolved by 


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1 death, divorce, annulment (or subsequent 

2 domestic partnership is terminated),’’; and 

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

4 ‘‘remarriage;’’ and inserting ‘‘remarriage 

5 (or entry into a subsequent domestic part6 nership);’’; and 

7 (D) in paragraph (3)— 

8 (i) by inserting ‘‘or entry into a subse9 quent domestic partnership’’ after ‘‘remar10 riage’’; and 

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

12 partnership for at least 30 years with)’’ 

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

14 (6) by striking subsection (e) and inserting the 

15 following: 

16 ‘‘(e)(1) The requirement— 

17 ‘‘(A) in paragraph (1) or (2) of section 8441 

18 that the widow or widower of an employee or Mem19 ber have been— 

20 ‘‘(i) married to such employee or Member 

21 for at least 9 months, or 

22 ‘‘(ii) married to such employee or Member 

23 after having been in a domestic partnership 

24 with such employee or Member for a combined 

25 total of at least 9 months, 


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1 immediately before the employee’s or Member’s 

2 death in order to qualify as the widow or widower 

3 of such employee or Member, or 

4 ‘‘(B) in section 8441(3) that the surviving part5 ner of an employee or Member have been in a do6 mestic partnership with such employee or Member 

7 for at least 9 months immediately before the employ8 ee’s or Member’s death in order to qualify as the 

9 surviving partner of such employee or Member, 

10 shall be deemed satisfied if the employee or Member dies 

11 within the applicable 9-month period, and either of the 

12 conditions described in paragraph (2) is met. 

13 ‘‘(2) The alternative conditions described in this 

14 paragraph are the following: 

15 ‘‘(A) The death of the employee or Member was 

16 accidental. 

17 ‘‘(B) The surviving widow or widower (or sur18 viving domestic partner) of such individual was pre19 viously in a marriage (or domestic partnership) with 

20 the individual that was subsequently dissolved (or 

21 terminated), and the aggregate time married (or in 

22 a domestic partnership) is at least 9 months or a 

23 combined total of at least 9 months.’’; 


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

2 widower’’ and inserting ‘‘widow, widower, or sur3 viving partner’’ each place it appears; and 

4 (8) in subsection (h)— 

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

6 place it appears and inserting ‘‘widow or wid7 ower (or surviving partner)’’; and 

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

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

10 appears. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 for chapter 84 is amended by striking the item relating 

13 to section 8442 and inserting the following: 

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

14 SEC. 315. RIGHTS OF A FORMER SPOUSE OR FORMER DO15 MESTIC PARTNER. 

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

17 (1) in the heading, by striking ‘‘former 

18 spouse’’ and inserting ‘‘former spouse or 

19 former domestic partner’’; 

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

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

22 (3) in subsection (b)— 

23 (A) by inserting ‘‘(or former domestic part24 ner)’’ after ‘‘former spouse’’ each place it ap25 pears; and 


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

2 surviving partner)’’ after ‘‘widow or widower’’; 

3 (4) in subsection (c)(2), by inserting ‘‘(or the 

4 former domestic partner enters into a subsequent 

5 domestic partnership)’’ after ‘‘former spouse remar6 ries’’; 

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

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

9 it appears; and 

10 (6) by amending subsection (h) to read as fol11 lows: 

12 ‘‘(h)(1) Subsection (c)(2), to the extent that it pro13 vides for termination of a survivor annuity because of a 

14 remarriage (or entry into a subsequent domestic partner15 ship) before age 55, shall not apply if the former spouse 

16 (or former domestic partner) was married to (or in a do17 mestic partnership with) the individual on whose service 

18 the survivor annuity is based for at least 30 years or a 

19 combined total of at least 30 years. 

20 ‘‘(2) A remarriage (or entry into a subsequent domes21 tic partnership) described in paragraph (1) shall not be 

22 taken into account for purposes of section 8419(b)(1)(B) 

23 or any other provision of this chapter which the Director 

24 may by regulation identify in order to carry out the pur25 poses of this subsection.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 84 is amended by striking the item relating 

3 to section 8445 and inserting the following: 

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

4 SEC. 316. AUTHORITY OF THE OFFICE OF PERSONNEL MAN5 AGEMENT. 

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

7 employees, their spouses, their former spouses, and their 

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

9 spouses, domestic partners, former spouses, former do10 mestic partners, and survivors’’. 

11 SEC. 317. COST-OF-LIVING ADJUSTMENTS. 

12 Section 8462(c) is amended— 

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

14 (other than a widow or widower whose annuity is 

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

16 section 8443)’’ and inserting the following: ‘‘sur17 vivor, other than a widow or widower (or surviving 

18 partner) whose annuity is computed under section 

19 8442(g) or a child under section 8443,’’; 

20 (2) in paragraph (4) (in the matter before sub21 paragraph (A)), by inserting ‘‘(or surviving part22 ner)’’ after ‘‘widow or widower’’; and 

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

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


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1 SEC. 318. FIDUCIARY RESPONSIBILITIES; LIABILITY AND 

2 PENALTIES. 

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

4 ‘‘(F) a spouse (or domestic partner), sib5 ling, ancestor, lineal descendant, or spouse (or 

6 domestic partner) of a lineal descendant of a 

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

8 (D);’’. 

9 TITLE IV—INSURANCE BENEFITS 

10 SEC. 401. LIFE INSURANCE. 

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

12 (1) in section 8701(d)— 

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

14 domestic partner’’ after ‘‘spouse’’; and 

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

16 ‘‘(3) In the case of an individual whose domestic part17 ner has a child by a previous marriage, domestic partner18 ship (as defined under regulations of the Office of Per19 sonnel Management), or otherwise, such child shall, unless 

20 adopted by such individual, be treated as a stepchild of 

21 such individual.’’; 

22 (2) in section 8705(a), by inserting ‘‘or sur23 viving domestic partner’’ after ‘‘widow or widower’’; 

24 and 


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

2 ‘‘spouse;’’ and inserting ‘‘spouse or domestic part3 ner;’’. 

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

5 this section shall apply with respect to calendar years be6 ginning after the end of the 6-month period beginning on 

7 the date of the enactment of this Act. 

8 SEC. 402. HEALTH INSURANCE. 

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

10 (1) in paragraph (5) (in the matter before sub11 paragraph (A)), by inserting ‘‘or domestic partner’’ 

12 after ‘‘the spouse’’; 

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

14 spouses,’’ and inserting ‘‘former spouses, or former 

15 domestic partners,’’; 

16 (3) by striking ‘‘and’’ at the end of paragraph 

17 (10), by redesignating paragraph (11) as paragraph 

18 (12), and by inserting after paragraph (10) the fol19 lowing: 

20 ‘‘(11) ‘former domestic partner’ means a do21 mestic partner— 

22 ‘‘(A) whose domestic partnership with an 

23 employee, former employee, or annuitant has 

24 terminated, 


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1 ‘‘(B) who has not entered into another do2 mestic partnership before age 55 after the do3 mestic partnership to the employee, former em4 ployee, or annuitant was terminated, 

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

12 survivor annuity under section 8341(h) or 8445 

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

16 Civil Service Retirement System or the Federal 

17 Employees’ Retirement System), 

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

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

20 provision of law), or 

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

24 Government employees, 


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1 except that such term shall not include any such 

2 former domestic partner, who has not entered into 

3 another domestic partnership, of a former employee 

4 whose domestic partnership was terminated after the 

5 former employee’s separation from the service (other 

6 than by retirement); and’’; and 

7 (4) by adding after paragraph (12) (as so re8 designated by paragraph (3)), as a flush left sen9 tence, the following: 

10 ‘‘For purposes of paragraph (5), in the case of an em11 ployee or annuitant whose domestic partner has a child 

12 by a previous marriage, domestic partnership (as defined 

13 under regulations of the Office of Personnel Manage14 ment), or otherwise, such child shall, unless adopted by 

15 such individual, be treated as a stepchild of such indi16 vidual.’’. 

17 (b) CONTRACTING AUTHORITY.—Section 8902 is 

18 amended in subsections (g), (j), and (k)(1), by inserting 

19 ‘‘former domestic partner,’’ after ‘‘former spouse,’’ each 

20 place it appears. 

21 (c) DEBARMENT AND OTHER SANCTIONS.—Section 

22 8902a(a)(1)(B) is amended by striking ‘‘or former 

23 spouse’’ and inserting ‘‘former spouse, or former domestic 

24 partner’’. 


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

2 amended— 

3 (1) by inserting ‘‘former domestic partners,’’ 

4 after ‘‘former spouses,’’; and 

5 (2) by inserting ‘‘former domestic partner,’’ 

6 after ‘‘former spouse,’’. 

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

8 amended— 

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

10 following: 

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

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

13 treatment is afforded— 

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

15 partners; and 

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

17 been dissolved and the children of a domestic part18 nership that has been terminated.’’; 

19 (2) in subsection (e)— 

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

21 after ‘‘has a spouse’’; and 

22 (B) by striking ‘‘either spouse,’’ and in23 serting ‘‘either spouse or domestic partner,’’; 

24 and 


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1 (3) in subsections (f) and (g), by inserting 

2 ‘‘former domestic partner,’’ after ‘‘former spouse,’’ 

3 each place it appears. 

4 (f) CONTINUED COVERAGE.—Section 8905a is 

5 amended by adding at the end the following: 

6 ‘‘(g) The Office shall prescribe regulations to ensure 

7 that, in the administration of this section, parity of treat8 ment is afforded— 

9 ‘‘(1) to former spouses and former domestic 

10 partners; and 

11 ‘‘(2) to the children of a marriage that has been 

12 dissolved and the children of a domestic partnership 

13 that has been terminated.’’. 

14 (g) COVERAGE OF RESTORED EMPLOYEES AND SUR15 VIVOR OR DISABILITY ANNUITANTS.—Section 8908(b) is 

16 amended— 

17 (1) by inserting ‘‘or surviving domestic part18 ner’’ after ‘‘surviving spouse’’; and 

19 (2) by inserting ‘‘or a subsequent domestic 

20 partnership’’ after ‘‘because of remarriage’’. 

21 (h) REGULATIONS.—Section 8913(c) is amended— 

22 (1) by striking ‘‘and former spouses’’ and in23 serting ‘‘former spouses, and former domestic part24 ners’’; and 


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1 (2) by striking ‘‘annuitant or former spouse’’ 

2 and inserting ‘‘annuitant, former spouse, or former 

3 domestic partner’’. 

4 (i) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply with respect to contract years be6 ginning after the end of the 6-month period beginning on 

7 the date of the enactment of this Act. 

8 SEC. 403. ENHANCED DENTAL BENEFITS. 

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

10 (1) in section 8956(a)— 

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

12 after ‘‘a spouse’’; and 

13 (B) by striking ‘‘either spouse,’’ and in14 serting ‘‘either spouse or either domestic part15 ner (as the case may be),’’; and 

16 (2) in section 8957, by inserting ‘‘surviving do17 mestic partner,’’ after ‘‘surviving spouse,’’. 

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

19 this section shall apply with respect to contract years be20 ginning after the end of the 6-month period beginning on 

21 the date of the enactment of this Act. 

22 SEC. 404. ENHANCED VISION BENEFITS. 

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

24 (1) in section 8986(a)— 


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

2 after ‘‘a spouse’’; and 

3 (B) by striking ‘‘either spouse,’’ and in4 serting ‘‘either spouse or either domestic part5 ner (as the case may be),’’; and 

6 (2) in section 8987, by inserting ‘‘surviving do7 mestic partner,’’ after ‘‘surviving spouse,’’. 

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

9 this section shall apply with respect to contract years be10 ginning after the end of the 6-month period beginning on 

11 the date of the enactment of this Act. 

12 SEC. 405. LONG-TERM CARE INSURANCE. 

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

14 (1) in section 9001(5)— 

15 (A) in subparagraph (A), by striking ‘‘or 

16 (4).’’ and inserting ‘‘or (4) (and the domestic 

17 partner of an individual described in paragraph 

18 (1), (2), or (4) or of an individual who satisfies 

19 paragraph (3) by virtue of having been ap20 pointed to a position in the commissioned corps 

21 of the Public Health Service or the commis22 sioned corps of the National Oceanic and At23 mospheric Administration).’’; and 


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

2 of the domestic partner of such an individual,’’ 

3 after ‘‘(4),’’; 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 ‘‘by an em20 ployee and such employee’s spouse (if filing joint21 ly),’’ and inserting ‘‘by an employee and such em22 ployee’s spouse (or, where allowable, such employee’s 

23 domestic partner), if filing jointly,’’; and 

24 (2) in subsection (b), by striking ‘‘employee and 

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1 ployee and spouse (or domestic partner), as the case 

2 may be’’. 

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

4 this section shall apply with respect to taxable years begin5 ning after the end of the 6-month period beginning on the 

6 date of the enactment of this Act. 

7 SEC. 502. RELOCATION EXPENSES OF EMPLOYEES TRANS8 FERRED OR REEMPLOYED. 

9 (a) IN GENERAL.—Section 5724a(b)(1)(A) is amend10 ed by striking ‘‘employee’s spouse’’ and inserting ‘‘employ11 ee’s spouse (or domestic partner)’’. 

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

13 this section shall apply with respect to expenses incurred 

14 after the end of the 6-month period beginning on the date 

15 of the enactment of this Act. 

16 SEC. 503. TAXES ON REIMBURSEMENTS FOR TRAVEL, 

17 TRANSPORTATION, AND RELOCATION EX18 PENSES OF EMPLOYEES TRANSFERRED. 

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

20 (1) by striking ‘‘by an employee and such em21 ployee’s spouse (if filing jointly),’’ and inserting ‘‘by 

22 an employee and such employee’s spouse (or, where 

23 allowable, such employee’s domestic partner), if fil24 ing jointly,’’; and 


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

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

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

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

5 this section shall apply with respect to taxable years begin6 ning after the end of the 6-month period beginning on the 

7 date of the enactment of this Act. 

8 SEC. 504. RELOCATION EXPENSES OF AN EMPLOYEE WHO 

9 IS PERFORMING AN EXTENDED ASSIGNMENT. 

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

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

12 spouse’’. 

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

14 this section shall apply with respect to expenses incurred 

15 after the end of the 6-month period beginning on the date 

16 of the enactment of this Act. 

17 TITLE VI—COMPENSATION FOR 

18 WORK INJURIES 

19 SEC. 601. DEFINITIONS. 

20 Section 8101 is amended— 

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

22 following: 

23 ‘‘(6) ‘widow’ means the wife living with or de24 pendent for support on the decedent at the time of 


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1 death of the decedent, or living apart for reasonable 

2 cause or because of desertion by the decedent;’’; 

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

4 brothers or married sisters;’’ and inserting the fol5 lowing: ‘‘brothers or sisters who are married (or in 

6 a domestic partnership);’’; 

7 (3) in paragraph (9), by inserting ‘‘children (in8 cluding adopted children) of a domestic partner,’’ 

9 after ‘‘adopted children,’’; 

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

11 the following: 

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

13 or dependent for support on the decedent at the 

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

15 reasonable cause or because of desertion by the dece16 dent;’’; 

17 (5) in paragraph (19), by striking ‘‘and’’ at the 

18 end; 

19 (6) in paragraph (20), by striking the period 

20 and inserting a semicolon; and 

21 (7) by adding after paragraph (20) the fol22 lowing: 

23 ‘‘(21) ‘covered State’ means a State (within the 

24 meaning of section 2110(d)(4)), foreign country, or 

25 political subdivision of a foreign country in which a 


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1 marriage between 2 individuals of the same sex is 

2 recognized under the law of such State, country, or 

3 political subdivision; 

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

5 who is in a domestic partnership with another indi6 vidual of the same sex, as determined by the Sec7 retary of Labor for purposes of this subchapter pur8 suant to regulations issued by the Secretary, in con9 sultation with the Director of the Office of Per10 sonnel Management, consistent with the require11 ments that— 

12 ‘‘(A) both individuals are at least 18 years 

13 of age and competent to contract; 

14 ‘‘(B) both individuals intend to remain in 

15 the domestic partnership indefinitely; 

16 ‘‘(C) such individuals— 

17 ‘‘(i) have a common residence; or 

18 ‘‘(ii) do not have a common residence 

19 because of financial, employment-related, 

20 or other reasons; 

21 ‘‘(D) neither individual is married to or in 

22 a domestic partnership with anyone outside of 

23 the domestic partnership referred to in subpara24 graph (B); 


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1 ‘‘(E) the 2 individuals share responsibility 

2 for a significant measure of each other’s com3 mon welfare and financial obligations; 

4 ‘‘(F) the 2 individuals are not related in a 

5 way that, if they were of the opposite sex, 

6 would prohibit legal marriage in the jurisdiction 

7 in which either of them resides; 

8 ‘‘(G) at least 1 of them is an employee or 

9 an individual otherwise eligible for coverage 

10 under this subchapter based on such individ11 ual’s employment or other service; 

12 ‘‘(H) on the date on which the employee is 

13 injured or dies, or, for purposes of section 

14 8110, the date on which the augmented com15 pensation is to be provided, neither individual 

16 has resided in a covered State for more than 6 

17 months; and 

18 ‘‘(I) both individuals understand that will19 ful falsification of information within the affi20 davit or failure to provide appropriate notifica21 tion of the termination of the domestic partner22 ship may lead to the recovery of the amounts 

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1 alties, and (in appropriate circumstances) dis2 ciplinary action; and 

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

4 partner living with or dependent for support on the 

5 decedent at the time of his or her death, or living 

6 apart for reasonable cause or because of his or her 

7 desertion.’’. 

8 SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN 

9 CONNECTION WITH EMPLOYEE’S SERVICE 

10 WITH AN ARMED FORCE. 

11 Section 8102a(d) is amended— 

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

13 spouse.’’ and inserting ‘‘surviving spouse (or sur14 viving partner).’’; and 

15 (2) in paragraph (2)(C), by inserting ‘‘(includ16 ing children of a domestic partner)’’ after ‘‘step17 children’’. 

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

19 ORDER OF PRECEDENCE. 

20 Section 8109(a)(D) is amended— 

21 (1) in clause (i), by striking ‘‘the widow or wid22 ower.’’ and inserting ‘‘the widow or widower (or the 

23 surviving partner).’’; 

24 (2) in clause (ii)— 


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

2 after ‘‘a widow or widower’’; and 

3 (B) by inserting ‘‘(or the surviving part4 ner)’’ after ‘‘the widow or widower’’; and 

5 (3) in clause (iii), by striking ‘‘no widow or wid6 ower,’’ and inserting ‘‘no widow or widower (and no 

7 surviving partner),’’. 

8 SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS. 

9 Section 8110(a) is amended— 

10 (1) in paragraph (3), by striking ‘‘and’’ at the 

11 end; 

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

13 inserting ‘‘; and’’; and 

14 (3) by inserting after paragraph (4) the fol15 lowing: 

16 ‘‘(5) a domestic partner, if— 

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

18 household as the employee; 

19 ‘‘(B) he or she is receiving regular con20 tributions from the employee for his or her sup21 port; or 

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

23 court to contribute to his or her support.’’. 


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1 SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSA2 TION. 

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

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

5 SEC. 606. COMPENSATION IN CASE OF DEATH. 

6 Section 8133 is amended— 

7 (1) in subsection (a)— 

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

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

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

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

12 surviving partner)’’ after ‘‘for the widow or wid13 ower’’; 

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

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

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

17 (D) in paragraphs (4) and (5), by inserting 

18 ‘‘surviving partner,’’ after ‘‘widow, widower,’’ 

19 each place it appears; and 

20 (2) in subsection (b)— 

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

22 follows: 

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

24 a surviving partner dies or enters into a subsequent 

25 domestic partnership) before reaching age 55;’’; and 

26 (B) in the last sentence— 


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1 (i) by inserting ‘‘(or surviving part2 ner)’’ after ‘‘widow or widower’’; and 

3 (ii) by inserting ‘‘(or more than one 

4 domestic partner)’’ after ‘‘husband or 

5 wife’’. 

6 SEC. 607. LUMP-SUM PAYMENT. 

7 Section 8135(b) is amended to read as follows: 

8 ‘‘(b) On remarriage (or entry into a subsequent do9 mestic partnership) before reaching age 55 a widow or 

10 widower (or surviving partner) entitled to compensation 

11 under section 8133 of this title, shall be paid a lump sum 

12 equal to twenty-four times the monthly compensation pay13 ment (excluding compensation on account of another indi14 vidual) to which that individual was entitled immediately 

15 before the remarriage (or subsequent domestic partner16 ship).’’. 

17 SEC. 608. REGULATIONS. 

18 (a) IN GENERAL.—The Secretary of Labor may pre19 scribe regulations to carry out this title and the amend20 ments made by this title. 

21 (b) CONSULTATION.—The Secretary of Labor shall 

22 consult with the Director of the Office of Personnel Man23 agement and the heads of any other agencies whose pro24 grams are affected by this Act in order to standardize, 

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1 istence of a domestic partnership under each such pro2 gram. 

3 SEC. 609. EFFECTIVE DATE. 

4 (a) IN GENERAL.—Subject to succeeding provisions 

5 of this section, this title and the amendments made by 

6 this title— 

7 (1) shall take effect on the date of enactment 

8 of this Act; and 

9 (2) shall apply with respect to any injury or 

10 death occurring before, on, or after such date of en11 actment. 

12 (b) TIMELY CLAIM REQUIRED; LIMITATION ON PAY13 MENTS.—No compensation shall be payable, by virtue of 

14 the enactment of this title— 

15 (1) unless timely claim therefor is filed in ac16 cordance with the provisions of sections 8122 or 

17 8193 of title 5, United States Code (as applicable), 

18 and subsection (c); or 

19 (2) with respect to any period commencing be20 fore the date of enactment of this Act. 

21 (c) ALLOWABILITY OF CLAIMS.—In the case of an 

22 original claim for compensation for a disability or death 

23 that occurred before the date of enactment of this Act 

24 (and which would not otherwise be payable, but for the 

25 enactment of the amendments made by this title)— 


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1 (1) such claim shall not be allowed if, as of 

2 such date of enactment, a claim based on such dis3 ability or death would no longer be timely (deter4 mined in accordance with such section 8122 or 8193 

5 (as applicable), before the application of paragraph 

6 (2)); and 

7 (2) the timeliness of any such claim, if not pre8 cluded by paragraph (1), shall be determined— 

9 (A) by applying the provisions of such sec10 tion 8122 or 8193 (as applicable); and 

11 (B) as if the time limitations of such sec12 tion 8122 or 8193 (as applicable) did not begin 

13 to run until the date on which implementing 

14 regulations under section 608 become effective. 

15 (d) PAYMENTS FOR PRIOR PERIODS NOT AF16 FECTED.—No recovery shall be made of compensation 

17 paid to any individual whose entitlement to compensation 

18 is terminated or reduced as a result of the enactment of 

19 this title. 


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1 TITLE VII—PROVISIONS RELAT2 ING TO EMPLOYMENT OF 

3 RELATIVES AND OTHER MAT4 TERS 

5 SEC. 701. EMPLOYMENT OF RELATIVES; RESTRICTIONS. 

6 Section 3110(a)(3) is amended by inserting ‘‘domes7 tic partner,’’ after ‘‘husband, wife,’’. 

8 SEC. 702. SETTLEMENT OF ACCOUNTS. 

9 (a) DEFINITION.—Section 5581 is amended— 

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

11 end; 

12 (2) in paragraph (2), by striking ‘‘by Federal 

13 statute.’’ at the end and inserting ‘‘by Federal stat14 ute; and’’; and 

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

16 ‘‘(3) ‘surviving partner’ has the meaning given 

17 it by sections 8341 and 8441, respectively.’’. 

18 (b) ORDER OF PRECEDENCE.—Section 5582(b) is 

19 amended by inserting ‘‘(or surviving partner)’’ after 

20 ‘‘widow or widower’’. 

21 SEC. 703. BENEFITS FOR CAPTIVES. 

22 Section 5569(j) is amended by adding at the end the 

23 following: ‘‘Such regulations shall include provisions to en24 sure that, in the administration of this section, a domestic 

25 partner shall be afforded the same status as a spouse.’’. 


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1 SEC. 704. COMPENSATION FOR DISABILITY OR DEATH. 

2 Section 5570 is amended by adding at the end the 

3 following: 

4 ‘‘(h) Regulations to carry out this section shall in5 clude provisions to ensure that, in the administration of 

6 this section, a domestic partner shall be afforded the same 

7 status as a spouse.’’. 

8 SEC. 705. FAMILY AND MEDICAL LEAVE. 

9 (a) DEFINITION.—Section 6381(6) is amended (in 

10 the matter before subparagraph (A)), by inserting ‘‘or a 

11 biological, adopted, or foster child of the domestic partner 

12 of the employee,’’ before ‘‘who is’’. 

13 (b) LEAVE REQUIREMENT.—Section 6382 is amend14 ed in subsections (a)(1)(C) and (e)(2)(A) by striking 

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

16 (c) CERTIFICATION.—Section 6383 is amended in 

17 subsections (a) and (b)(4)(A) by striking ‘‘spouse,’’ each 

18 place it appears and inserting ‘‘spouse (or domestic part19 ner),’’. 

20 TITLE VIII—ADDITIONAL 

21 PROVISIONS 

22 SEC. 801. APPLICABILITY. 

23 This title applies with respect to— 

24 (1) benefits in the nature of family, medical, 

25 and emergency leave, as provided for under— 


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1 (A) the Family and Medical Leave Act of 

2 1993 (29 U.S.C. 2601 et seq.), insofar as that 

3 Act applies to the Government Accountability 

4 Office and the Library of Congress; 

5 (B) section 202 of the Congressional Ac6 countability Act of 1995 (2 U.S.C. 1312); or 

7 (C) section 412 of title 3, United States 

8 Code; 

9 (2) travel, transportation, and related payments 

10 and benefits, as provided for under— 

11 (A) chapter 9 of title I of the Foreign 

12 Service Act of 1980 (22 U.S.C. 4081 et seq.); 

13 or 

14 (B) section 1599b of title 10, United 

15 States Code; 

16 (3) benefits for members of the commissioned 

17 officer corps of the National Oceanic and Atmos18 pheric Administration, as provided for under— 

19 (A) section 261 of the National Oceanic 

20 and Atmospheric Administration Commissioned 

21 Officer Corps Act of 2002 (33 U.S.C. 3071); or 

22 (B) any other provisions of title 10, United 

23 States Code (apart from those made applicable 

24 by the provision of law cited in subparagraph 

25 (A)); and 


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1 (4) benefits, provided for under any other provi2 sions of law, which (as determined by the President 

3 or a designee)— 

4 (A) relate to employees or annuitants (as 

5 those terms are defined by section 2110 of title 

6 5, United States Code); and 

7 (B) are necessary to carry out the pur8 poses of this Act with respect to benefits. 

9 SEC. 802. REGULATIONS. 

10 The President (or designee) shall prescribe any regu11 lations necessary to ensure that the provisions of law iden12 tified in or under section 801 are administered in a man13 ner consistent with the purposes of this Act. 

14 TITLE IX—AMENDMENT TO THE 

15 ETHICS IN GOVERNMENT ACT 

16 OF 1978 

17 SEC. 901. AMENDMENT TO THE ETHICS IN GOVERNMENT 

18 ACT OF 1978. 

19 The Ethics in Government Act of 1978 (5 U.S.C. 

20 App.) is amended by adding at the end of title I the fol21 lowing: 

22 ‘‘DOMESTIC PARTNERS

23 ‘‘SEC. 112. (a) An employee, former employee, or an24 nuitant and the domestic partner of such employee, former 

25 employee, or annuitant (as the case may be) shall be sub26 ject to the provisions of law cited in subsection (b) to the 


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1 same extent and in the same manner as in the case of 

2 a married employee, former employee, or annuitant and 

3 the spouse of such employee, former employee, or annu4 itant (as the case may be). 

5 ‘‘(b) The provisions of law cited in this subsection are 

6 as follows: 

7 ‘‘(1) The preceding provisions of this title (re8 lating to financial disclosure requirements of Federal 

9 personnel) and the provisions of title V (relating to 

10 Government-wide limitations on outside earned in11 come and employment). 

12 ‘‘(2) Regulations prescribed under section 7301 

13 of title 5, United States Code (relating to regula14 tions for the conduct of employees in the executive 

15 branch). 

16 ‘‘(3) Section 7351 of title 5, United States 

17 Code (relating to gifts to superiors). 

18 ‘‘(4) Section 7353 of title 5, United States 

19 Code (relating to gifts to Federal employees). 

20 ‘‘(5) Chapter 11 of title 18, United States Code 

21 (relating to bribery, graft, and conflicts of interest). 

22 ‘‘(6) Section 7342 of title 5, United States 

23 Code (relating to receipt and disposition of foreign 

24 gifts and decorations). 


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1 ‘‘(7) Section 1353 of title 31, United States 

2 Code (relating to acceptance of travel and related 

3 expenses from non-Federal sources). 

4 ‘‘(8) Sections 4941 and 4946 of the Internal 

5 Revenue Code of 1986 (relating to taxes on self6 dealing and definitions and special rules). 

7 ‘‘(9) Section 455 of title 28, United States 

8 Code (relating to disqualification of justice, judge, or 

9 magistrate judge). 

10 ‘‘(c) For purposes of this section, the term ‘domestic 

11 partner’ has the meaning given such term by section 2110 

12 of title 5, United States Code.’’. 

13 TITLE X—REPORTING 

14 REQUIREMENTS 

15 SEC. 1001. REPORT OF THE PRESIDENT. 

16 Not later than 6 months after the date of the enact17 ment of this Act, the President shall transmit to the Com18 mittee on Oversight and Government Reform of the House 

19 of Representatives and the Committee on Homeland Secu20 rity and Governmental Affairs of the Senate— 

21 (1) a report on the implementation of this Act, 

22 including the amendments made by this Act; and 

23 (2) a description of any further measures that 

24 should be taken in order to carry out the purposes 

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1 lation or administrative action that may be nec2 essary. 

3 SEC. 1002. GAO REPORT. 

4 Not later than 2 years after the date of the enact5 ment of this Act, the Government Accountability Office 

6 shall transmit to the Committee on Oversight and Govern7 ment Reform of the House of Representatives and the 

8 Committee on Homeland Security and Governmental Af9 fairs of the Senate a report on the effect that this Act 

10 and any amendments made by this Act have had on pre11 miums or any other periodic charges payable by enrollees 

12 under chapter 89 of title 5, United States Code (relating 

13 to the Federal employees health benefits program), and 

14 the impact of extending benefits to domestic partners on 

15 the employee retention and recruitment efforts by the Fed16 eral Government. 

Æ 


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