II 

Calendar No. 704 

111TH CONGRESS 

2D SESSION S. 1102 

[Report No. 111–376] 

To provide benefits to domestic partners of Federal employees. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2009 

Mr. LIEBERMAN (for himself, Ms. COLLINS, Mr. AKAKA, Mrs. BOXER, Mr. 

BROWN of Ohio, Ms. CANTWELL, Mr. CARDIN, Mr. CASEY, Mr. DODD, 

Mr. DURBIN, Mr. FEINGOLD, Mrs. GILLIBRAND, Mr. KENNEDY, Mr. 

KERRY, Mr. LAUTENBERG, Mr. LEAHY, Mr. LEVIN, Mr. MERKLEY, Ms. 

MIKULSKI, Mrs. MURRAY, Mr. SANDERS, Mr. SCHUMER, Mr. 

WHITEHOUSE, Mr. WYDEN, Mr. BURRIS, Mr. KIRK, Mr. SPECTER, Mrs. 

FEINSTEIN, Mr. MENENDEZ, Ms. LANDRIEU, Mr. FRANKEN, and Ms. 

KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

DECEMBER 17, 2010 

Reported by Mr. LIEBERMAN, with an amendment 

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

A BILL 

To provide benefits to domestic partners of Federal 

employees. 

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

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Domestic Partnership 

3 Benefits and Obligations Act of 2009’’. 

4 SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL 

5 EMPLOYEES. 

6 (a) IN GENERAL.—An employee who has a domestic 

7 partner and the domestic partner of the employee shall 

8 be entitled to benefits available to, and shall be subject 

9 to obligations imposed upon, a married employee and the 

10 spouse of the employee. 

11 (b) CERTIFICATION OF ELIGIBILITY.—In order to ob12 tain benefits and assume obligations under this Act, an 

13 employee shall file an affidavit of eligibility for benefits 

14 and obligations with the Office of Personnel Management 

15 identifying the domestic partner of the employee and certi16 fying that the employee and the domestic partner of the 

17 employee— 

18 (1) are each other’s sole domestic partner and 

19 intend to remain so indefinitely; 

20 (2) have a common residence, and intend to 

21 continue the arrangement; 

22 (3) are at least 18 years of age and mentally 

23 competent to consent to contract; 

24 (4) share responsibility for a significant meas25 ure of each other’s common welfare and financial ob26 ligations; 

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1 (5) are not married to or domestic partners 

2 with anyone else; 

3 (6) are same sex domestic partners, and not re4 lated in a way that, if the 2 were of opposite sex, 

5 would prohibit legal marriage in the State in which 

6 they reside; and 

7 (7) understand that willful falsification of infor8 mation within the affidavit may lead to disciplinary 

9 action and the recovery of the cost of benefits re10 ceived related to such falsification and may con11 stitute a criminal violation. 

12 (c) DISSOLUTION OF PARTNERSHIP.— 

13 (1) IN GENERAL.—An employee or domestic 

14 partner of an employee who obtains benefits under 

15 this Act shall file a statement of dissolution of the 

16 domestic partnership with the Office of Personnel 

17 Management not later than 30 days after the death 

18 of the employee or the domestic partner or the date 

19 of dissolution of the domestic partnership. 

20 (2) DEATH OF EMPLOYEE.—In a case in which 

21 an employee dies, the domestic partner of the em22 ployee at the time of death shall receive under this 

23 Act such benefits as would be received by the widow 

24 or widower of an employee. 

25 (3) OTHER DISSOLUTION OF PARTNERSHIP.— 

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1 (A) IN GENERAL.—In a case in which a 

2 domestic partnership dissolves by a method 

3 other than death of the employee or domestic 

4 partner of the employee, any benefits received 

5 by the domestic partner as a result of this Act 

6 shall terminate. 

7 (B) EXCEPTION.—In a case in which a do8 mestic partnership dissolves by a method other 

9 than death of the employee or domestic partner 

10 of the employee, the former domestic partner of 

11 the employee shall be entitled to benefits avail12 able to, and shall be subject to obligations im13 posed upon, a former spouse. 

14 (d) STEPCHILDREN.—For purposes of affording ben15 efits under this Act, any natural or adopted child of a do16 mestic partner of an employee shall be deemed a stepchild 

17 of the employee. 

18 (e) CONFIDENTIALITY.—Any information submitted 

19 to the Office of Personnel Management under subsection 

20 (b) shall be used solely for the purpose of certifying an 

21 individual’s eligibility for benefits under subsection (a). 

22 (f) REGULATIONS AND ORDERS.— 

23 (1) OFFICE OF PERSONNEL MANAGEMENT.— 

24 Not later than 6 months after the date of enactment 

25 of this Act, the Office of Personnel Management 

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1 shall promulgate regulations to implement section 2 

2 (b) and (c). 

3 (2) OTHER EXECUTIVE BRANCH REGULA4 TIONS.—Not later than 6 months after the date of 

5 enactment of this Act, the President or designees of 

6 the President shall promulgate regulations to imple7 ment this Act with respect to benefits and obliga8 tions administered by agencies or other entities of 

9 the executive branch. 

10 (3) OTHER REGULATIONS AND ORDERS.—Not 

11 later than 6 months after the date of enactment of 

12 this Act, each agency or other entity or official not 

13 within the executive branch that administers a pro14 gram providing benefits or imposing obligations shall 

15 promulgate regulations or orders to implement this 

16 Act with respect to the program. 

17 (4) PROCEDURE.—Regulations and orders re18 quired under this subsection shall be promulgated 

19 after notice to interested persons and an opportunity 

20 for comment. 

21 (g) DEFINITIONS.—In this Act: 

22 (1) BENEFITS.—The term ‘‘benefits’’ means— 

23 (A) health insurance and enhanced dental 

24 and vision benefits, as provided under chapters 

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1 89, 89A, and 89B of title 5, United States 

2 Code; 

3 (B) retirement and disability benefits and 

4 plans, as provided under— 

5 (i) chapters 83 and 84 of title 5, 

6 United States Code; 

7 (ii) chapter 8 of the Foreign Service 

8 Act of 1980 (22 U.S.C. 4041 et seq.); and 

9 (iii) the Central Intelligence Agency 

10 Retirement Act of 1964 for Certain Em11 ployees (50 U.S.C. chapter 38); 

12 (C) family, medical, and emergency leave, 

13 as provided under— 

14 (i) subchapters III, IV, and V of 

15 chapter 63 of title 5, United States Code; 

16 (ii) the Family and Medical Leave Act 

17 of 1993 (29 U.S.C. 2601 et seq.), insofar 

18 as that Act applies to the Government Ac19 countability Office and the Library of Con20 gress; 

21 (iii) section 202 of the Congressional 

22 Accountability Act of 1995 (2 U.S.C. 

23 1312); and 

24 (iv) section 412 of title 3, United 

25 States Code; 

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1 (D) Federal group life insurance, as pro2 vided under chapter 87 of title 5, United States 

3 Code; 

4 (E) long-term care insurance, as provided 

5 under chapter 90 of title 5, United States Code; 

6 (F) compensation for work injuries, as pro7 vided under chapter 81 of title 5, United States 

8 Code; 

9 (G) benefits for disability, death, or cap10 tivity, as provided under— 

11 (i) sections 5569 and 5570 of title 5, 

12 United States Code; 

13 (ii) section 413 of the Foreign Service 

14 Act of 1980 (22 U.S.C. 3973); and 

15 (iii) part L of title I of the Omnibus 

16 Crime Control and Safe Streets Act of 

17 1968 (42 U.S.C. 3796 et seq.), insofar as 

18 that part applies to any employee; 

19 (H) travel, transportation, and related pay20 ments and benefits, as provided under— 

21 (i) chapter 57 of title 5, United States 

22 Code; 

23 (ii) chapter 9 of the Foreign Service 

24 Act of 1980 (22 U.S.C. 4081 et seq.); and 

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1 (iii) section 1599b of title 10, United 

2 States Code; and 

3 (I) any other benefit similar to a benefit 

4 described under subparagraphs (A) through (H) 

5 provided by or on behalf of the United States 

6 to any employee. 

7 (2) DOMESTIC PARTNER.—The term ‘‘domestic 

8 partner’’ means an adult unmarried person living 

9 with another adult unmarried person of the same 

10 sex in a committed, intimate relationship. 

11 (3) EMPLOYEE.—The term ‘‘employee’’— 

12 (A) means an officer or employee of the 

13 United States or of any department, agency, or 

14 other entity of the United States, including the 

15 President of the United States, the Vice Presi16 dent of the United States, a Member of Con17 gress, or a Federal judge; and 

18 (B) shall not include a member of the uni19 formed services. 

20 (4) OBLIGATIONS.—The term ‘‘obligations’’ 

21 means any duties or responsibilities with respect to 

22 Federal employment that would be incurred by a 

23 married employee or by the spouse of an employee. 

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1 (5) UNIFORMED SERVICES.—The term ‘‘uni2 formed services’’ has the meaning given under sec3 tion 2101(3) of title 5, United States Code. 

4 SEC. 3. EFFECTIVE DATE. 

5 This Act shall— 

6 (1) with respect to the provision of benefits and 

7 obligations, take effect 6 months after the date of 

8 enactment of this Act; and 

9 (2) apply to any individual who is employed as 

10 an employee on or after the date of enactment of 

11 this Act. 

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

13 CONTENTS. 

14 (a) SHORT TITLE.—This Act may be cited as the ‘‘Do15 mestic Partnership Benefits and Obligations Act of 2009’’. 

16 (b) REFERENCES.—Except as otherwise expressly pro17 vided, whenever in this Act an amendment or repeal is ex18 pressed in terms of an amendment to, or a repeal of, a sec19 tion or other provision, the reference shall be considered to 

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

21 States Code. 

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

23 Act is as follows: 

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

Sec. 2. Purpose. 

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TITLE I—ESTABLISHMENT AND TERMINATION OF DOMESTIC 

PARTNERSHIPS; OTHER GENERAL PROVISIONS 

Sec. 101. Federal employees in domestic partnerships. 

Sec. 102. Guidance documentation. 

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

are established. 

Sec. 104. Study on recruitment and retention. 

Sec. 105. Effective date. 

TITLE II—CIVIL SERVICE RETIREMENT SYSTEM 

Sec. 201. Definitions. 

Sec. 202. Creditable service. 

Sec. 203. Computation of annuity. 

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

Sec. 205. Survivor annuities. 

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

Sec. 207. Alternative forms of annuities. 

Sec. 208. Administration; regulations. 

Sec. 209. Participation in the Thrift Savings Plan. 

TITLE III—FEDERAL EMPLOYEES’ RETIREMENT SYSTEM 

Subtitle A—General Provisions 

Sec. 301. Definitions. 

Subtitle B—Creditable Service 

Sec. 311. Creditable service. 

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

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

Sec. 314. Survivor elections; deposit; offsets. 

Sec. 315. Survivor reductions; computation. 

Sec. 316. Insurable interest reductions. 

Sec. 317. Alternative forms of annuities. 

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

Subtitle C—Thrift Savings Plan 

Sec. 321. Benefits and election of benefits. 

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

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

domestic partners. 

Sec. 324. Justices and judges. 

Subtitle D—Survivor Annuities 

Sec. 331. Definitions. 

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

Sec. 333. Rights of a child. 

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

Subtitle E—General Administrative Provisions 

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

Sec. 342. Cost-of-living adjustments. 

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Subtitle F—Federal Retirement Thrift Investment Management System 

Sec. 351. Fiduciary responsibilities; liability and penalties. 

TITLE IV—INSURANCE BENEFITS 

Sec. 401. Life insurance. 

Sec. 402. Health insurance. 

Sec. 403. Enhanced dental benefits. 

Sec. 404. Enhanced vision benefits. 

Sec. 405. Long-term care insurance. 

TITLE V—TRAVEL, TRANSPORTATION, AND SUBSISTENCE 

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

Sec. 502. Definition. 

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

Sec. 504. Taxes on reimbursements for travel, transportation, and relocation expenses of employees transferred. 

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

TITLE VI—COMPENSATION FOR WORK INJURIES 

Sec. 601. Definitions. 

Sec. 602. Death gratuity for injuries incurred in connection with employee’s service with an Armed Force. 

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

Sec. 604. Augmented compensation for dependents. 

Sec. 605. Limitations on right to receive compensation. 

Sec. 606. Compensation in case of death. 

Sec. 607. Lump-sum payment. 

Sec. 608. Employees of nonappropriated fund instrumentalities. 

Sec. 609. Effective date. 

TITLE VII—EMPLOYEE LEAVE; DEATH OR CAPTIVITY 

COMPENSATION; OTHER EMPLOYEE BENEFITS 

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

Sec. 702. Family and medical leave. 

Sec. 703. Settlement of accounts. 

Sec. 704. Benefits for captives. 

Sec. 705. Compensation for disability or death. 

Sec. 706. Annuity of the Comptroller General. 

TITLE VIII—ETHICS IN GOVERNMENT, CONFLICTS OF INTEREST, 

EMPLOYMENT OF RELATIVES, GIFTS, AND EMPLOYEE CONDUCT 

Sec. 801. Ethics in Government Act of 1978. 

Sec. 802. Conflicts of interest. 

Sec. 803. Employment of relatives, restrictions. 

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

Sec. 805. Regulation of conduct; gifts. 

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1 SEC. 2. PURPOSE. 

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

5 the same as the employment benefits and obligations that 

6 apply under existing statutes to married Federal employees 

7 and to their spouses. 

8 TITLE I—ESTABLISHMENT AND 

9 TERMINATION OF DOMESTIC 

10 PARTNERSHIPS; OTHER GEN11 ERAL PROVISIONS 

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

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

15 by inserting after section 2305 the following: 

16 ‘‘CHAPTER 25—FEDERAL EMPLOYEES IN 

17 DOMESTIC PARTNERSHIPS 

‘‘Sec. 

‘‘2501. Definitions. 

‘‘2502. Establishment and termination of domestic partnerships. 

18 ‘‘§ 2501. Definitions 

19 ‘‘In this chapter— 

20 ‘‘(1) the term ‘annuitant’ means— 

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

22 8331 or 8401; and 

23 ‘‘(B) as determined under regulations pre24 scribed by the President or a designee thereof, 

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1 any other individual who is entitled to benefits 

2 (based on the service of such individual) under 

3 a retirement system for employees of the Govern4 ment; 

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

6 Office of Personnel Management; 

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

8 the individuals in a domestic partnership; 

9 ‘‘(4) the term ‘domestic partnership’ means a re10 lationship between 2 individuals of the same sex, at 

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

12 annuitant, that has been established under section 

13 2502(a) and not dissolved under section 2502(b); and 

14 ‘‘(5) the term ‘employee’ means— 

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

16 2105, including an employee referred to in sub17 section (c) or (e) of that section; 

18 ‘‘(B) a Member of Congress; 

19 ‘‘(C) the President; or 

20 ‘‘(D) any other individual who is employed 

21 by the Government and is included within this 

22 definition under regulations prescribed by the 

23 President or a designee of the President. 

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1 ‘‘§ 2502. Establishment and termination of domestic 

2 partnerships 

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

4 ‘‘(1) An employee, former employee, or annu5 itant and another individual (who may also be an 

6 employee, former employee, or annuitant) may estab7 lish a domestic partnership as provided in this sec8 tion for the purposes of the provisions of law to which 

9 this chapter applies. 

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

11 individuals referred to in paragraph (1) shall jointly 

12 execute, and the employee, former employee, or annu13 itant shall file, an application accompanied by an af14 fidavit, the application and affidavit being in such 

15 form and filed in such manner as the Director shall 

16 by regulation prescribe. 

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

18 (2), each of the individuals shall attest to the fol19 lowing: 

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

21 and 

22 ‘‘(ii) the individual who files the applica23 tion and affidavit is an employee, former em24 ployee, or annuitant. 

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

26 domestic-partnership relationship with each 

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1 other satisfying the conditions in clauses (ii), 

2 (iii), and (iv) and intend to remain so indefi3 nitely. 

4 ‘‘(ii) The individuals have a common resi5 dence and intend to continue to do so (or would 

6 have a common residence, but are prevented from 

7 doing so because of an assignment abroad or 

8 other employment-related, financial, or other 

9 reasons identified in the affidavit). 

10 ‘‘(iii) The individuals share responsibility 

11 for a significant measure of each other’s welfare 

12 and financial obligations. 

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

14 a domestic partnership with anyone except each 

15 other. 

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

17 age and mentally competent to consent to a con18 tract. 

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

20 other by blood in a way that would prohibit 

21 legal marriage between individuals otherwise eli22 gible to marry in the jurisdiction (or, if applica23 ble, in any jurisdiction) in which the individuals 

24 have a common residence. 

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1 ‘‘(E) Each of the individuals understands 

2 that— 

3 ‘‘(i) as a domestic partner, each indi4 vidual not only gains certain benefits, but 

5 also assumes certain obligations, as set forth 

6 in the provision of law to which this chap7 ter applies, the violation of which may lead 

8 to disciplinary action against an employee 

9 and to criminal and other penalties; 

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

11 partners are required to file notification 

12 under subsection (b)(2) dissolving the do13 mestic partnership within 30 days after 

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

15 (iv) of subparagraph (B) ceases to be satis16 fied, and, if 1 domestic partner dies, the 

17 other is required to file a notification under 

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

19 death; and 

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

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

24 of amounts obtained as a result of such fal25 sification or failure, disciplinary action 

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1 against an employee, and criminal or other 

2 penalties. 

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

4 ‘‘(1) A domestic partnership is terminated 

5 upon— 

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

7 ‘‘(B) the filing of a notification under para8 graph (2) by either or both domestic partners; or 

9 ‘‘(C) the satisfaction of such other condi10 tions as the Director may by regulation pre11 scribe. 

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

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

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

15 within 30 days after the condition ceases to be satis16 fied, execute and file a notification, in such form and 

17 in such manner as prescribed by the Director in regu18 lation, stating that the condition is no longer satisfied 

19 and that the domestic partnership is terminated. 

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

21 notification under subparagraph (A) be timely filed, 

22 but the duty of 1 domestic partner shall be satisfied 

23 if the other domestic partner timely executes and files 

24 the required notification. 

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1 ‘‘(C) The Director shall promulgate regulations 

2 establishing the criteria for determining when any 

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

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

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

6 domestic partner shall, within 30 days after the 

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

8 such form and in such manner as prescribed by the 

9 Director in regulation. 

10 ‘‘(c) EFFECTIVENESS OF APPLICATION.— 

11 ‘‘(1) An application shall not be effective for 

12 purposes of this section unless the filing individual is 

13 an employee, former employee, or annuitant as of the 

14 time of the filing. 

15 ‘‘(2) No individual shall, for purposes of the pro16 visions of law to which this chapter applies, be treat17 ed as being in a domestic partnership unless there is 

18 in effect, in accordance with regulations prescribed by 

19 the Director, an application filed in accordance with 

20 this section. 

21 ‘‘(3) An application so filed shall remain in ef22 fect until the earlier of— 

23 ‘‘(A) the death of either individual; or 

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1 ‘‘(B) the date as of which the domestic part2 nership is otherwise terminated, as determined 

3 under such regulations. 

4 ‘‘(d) ADDITIONAL NOTIFICATIONS TO EMPLOYING

5 AGENCIES.—A domestic partner employed by an entity of 

6 the United States shall provide such notifications to the em7 ploying entity of the formation, existence, or termination 

8 of the domestic partnership, in addition to the filings re9 quired under subsections (a) and (b), as may be required, 

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

11 the Director in regulation. 

12 ‘‘(e) MEMBERS OF THE ARMED FORCES NOT ELIGI13 BLE.—Notwithstanding any provision of the Uniformed 

14 Services Employment and Reemployment Rights Act of 

15 1994 (38 U.S.C. 4301 et seq.), a member of the Armed 

16 Forces or of the Reserve Officers’ Training Corps may not 

17 be either of the individuals who establish a domestic part18 nership under this section. 

19 ‘‘(f) APPLICABILITY.—This section applies for pur20 poses of the provisions of this title (excluding chapter 81). 

21 ‘‘(g) REGULATIONS.—The Director shall issue regula22 tions to carry out this section.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

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

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1 is amended by inserting after the item relating to chapter 

2 23 the following: 

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

3 SEC. 102. GUIDANCE DOCUMENTATION. 

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

5 authority to issue guidance documentation with respect to 

6 benefits and obligations established under the amendments 

7 made by this Act and the measures taken under section 

8 103(b)(1)(B) and (2) shall develop and issue such guidance 

9 documentation under the coordination of the Director of the 

10 Office of Personnel Management. 

11 (b) OFFICE OF PERSONNEL MANAGEMENT.—The Di12 rector of the Office of Personnel Management shall, to the 

13 greatest extent practicable— 

14 (1) compile the guidance documentation referred 

15 to under subsection (a); 

16 (2) prepare and issue guidance documentation 

17 with respect to benefits and obligations available to 

18 domestic partners of certain Secret Service and Park 

19 Police Officers who are covered under the DC Police 

20 Officers’ and Firefighters’ Retirement Plan, and in21 clude that guidance documentation in the compilation 

22 under paragraph (1); and 

23 (3) ensure that such documentation is readily 

24 available to employees and their domestic partners, 

25 both in print form and by publicly accessible website. 

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

2 the guidance documentation shall be— 

3 (1) prepared and made readily available not 

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

5 and 

6 (2) updated as necessary. 

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

8 on the date of enactment of this Act. 

9 SEC. 103. REVIEW OF PROGRAMS UNDER WHICH EMPLOY10 MENT BENEFITS AND OBLIGATIONS ARE ES11 TABLISHED. 

12 (a) DEFINITIONS.—In this section— 

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

14 privilege, immunity, or protection, whether sub15 stantive, procedural, remedial, or otherwise; 

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

17 the individuals in a domestic partnership; 

18 (3) the term ‘‘domestic partnership’’ means a re19 lationship between 2 individuals of the same sex, at 

20 least 1 of whom is an employee, that satisfies the con21 ditions in subparagraphs (A) through (D) of section 

22 2502(a)(3) of title 5, United States Code; 

23 (4) the term ‘‘employee’’ means— 

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1 (A) an employee as defined under section 

2 2501 of title 5, United States Code, as added by 

3 section 101 of this Act; 

4 (B) a member of the commissioned corps of 

5 the Public Health Service or of the commissioned 

6 corps of the National Oceanic and Atmospheric 

7 Administration; or 

8 (C) any other individual performing per9 sonal service to the United States (including an 

10 instrumentality wholly owned by the United 

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

12 a volunteer, who is not performing such service 

13 as an employee of any employer other than the 

14 Government of the United States or as a member 

15 of the Armed Forces or of the Reserve Officers’ 

16 Training Corps; and 

17 (5) the term ‘‘obligation’’ includes any duty, dis18 ability, or liability, whether substantive, procedural, 

19 remedial, or otherwise. 

20 (b) REVIEWS, ADDITIONAL MEASURES, RECOMMENDA21 TIONS, AND REPORTS TO CONGRESS.—Not later than 180 

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

23 frequently than once every 2 years thereafter, the President 

24 and designees of the President shall— 

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1 (1) conduct a review of the employment benefits 

2 and of the employment obligations applied to married 

3 employees and their spouses to determine what au4 thority exists to apply such benefits and obligations 

5 to employees at executive branch agencies who have 

6 domestic partners and the domestic partners of those 

7 employees; 

8 (2) include within the review under paragraph 

9 (1) all employment benefits and obligations under 

10 regulations prescribed by the President or a designee 

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

12 agency or department of the executive branch under 

13 its authority; 

14 (3) take any additional measures that can be 

15 taken, to the greatest extent practicable and consistent 

16 with law, to grant employment benefits to and impose 

17 employment obligations upon employees at executive 

18 branch agencies with domestic partners and the do19 mestic partners of those employees; 

20 (4) develop recommendations for any legislation 

21 to further grant employment benefits to and impose 

22 employment obligations upon Federal employees with 

23 domestic partners and to and upon the domestic part24 ners of those employees; and 

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1 (5) submit a report to Congress summarizing the 

2 review, determinations, and recommendations under 

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

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

5 on the date of enactment of this Act. 

6 SEC. 104. STUDY ON RECRUITMENT AND RETENTION. 

7 The Comptroller General of the United States shall 

8 submit to the Committee on Homeland Security and Gov9 ernmental Affairs and the Committee on Oversight and 

10 Government Reform of the House of Representatives a re11 port regarding the effect that providing benefits for domestic 

12 partners under this Act has on the recruitment and reten13 tion efforts of the Federal Government. 

14 SEC. 105. EFFECTIVE DATE. 

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

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

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

18 (b) APPLICATION TO CURRENT AND FUTURE EMPLOY19 EES.—An employee, former employee, or annuitant shall 

20 be eligible to establish a domestic partnership under section 

21 2502(a)(2) of title 5, United States Code, as added by sec22 tion 101 of this Act, only if the employee, former employee, 

23 or annuitant is or has been employed as an employee on 

24 or after the effective date of this Act. 

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1 TITLE II—CIVIL SERVICE 

2 RETIREMENT SYSTEM 

3 SEC. 201. DEFINITIONS. 

4 Section 8331 is amended— 

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

6 end; 

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

8 and inserting a semicolon; and 

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

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

12 ‘‘(33) ‘Federal employee’ means an elected offi13 cial of the United States or an employee of any entity 

14 of the United States; and 

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

16 domestic partner of an individual— 

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

18 18 months of civilian service as a Federal em19 ployee; and 

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

21 a domestic partnership with such individual for 

22 at least 9 months.’’. 

23 SEC. 202. CREDITABLE SERVICE. 

24 Section 8332 is amended— 

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

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

3 former domestic partner).’’; and 

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

5 by striking ‘‘spouse’’ each place it appears and insert6 ing ‘‘spouse (or domestic partner),’’. 

7 SEC. 203. COMPUTATION OF ANNUITY. 

8 Section 8339 is amended— 

9 (1) in subsection (j)— 

10 (A) in paragraph (1)— 

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

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

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

16 (iii) by inserting ‘‘(or domestic part17 ner’s)’’ after ‘‘the spouse’s’’ each place it ap18 pears; 

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

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

21 each place it appears; 

22 (C) in paragraph (3)— 

23 (i) in the first sentence— 

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

3 each place it appears; and 

4 (II) by inserting ‘‘(or being in a 

5 domestic partnership with)’’ after 

6 ‘‘based on marriage to’’; 

7 (ii) in the second sentence— 

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

9 partnership of the former domestic 

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

11 the former spouse to’’; and 

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

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

15 (iii) in the sixth sentence, by striking 

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

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

18 (iv) in subparagraph (B)— 

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

20 and inserting ‘‘is then married (or is 

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

22 (II) by striking ‘‘the spouse’s 

23 written consent.’’ and inserting ‘‘the 

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

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

3 retired employee or Member whose annuity 

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

6 former domestic partner), an election to 

7 provide or increase a survivor annuity for 

8 any other former spouse (or any other 

9 former domestic partner), and to continue 

10 an appropriate reduction for that purpose, 

11 may be made within the same period that, 

12 and subject to the same conditions under 

13 which, an election could be made under 

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

15 current domestic partner), subject to the 

16 provisions of this paragraph relating to 

17 consent of a current spouse (or of a current 

18 domestic partner), if the retired employee or 

19 Member is then married (or in a domestic 

20 partnership).’’; and 

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

22 follows: 

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

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

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

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

4 partner), or 

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

6 spouse (or the termination of the domestic partner7 ship of the domestic partner) to the employee or Mem8 ber, 

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

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

12 annuity under section 8341(h). 

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

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

15 former domestic partner) of a retired employee or Member 

16 shall be terminated for each full month after the former 

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

18 the former domestic partner enters into a subsequent domes19 tic partnership or marries) before reaching age 55 or dies. 

20 This reduction shall be replaced by an appropriate reduc21 tion or reductions under paragraph (4) if the retired em22 ployee or Member has (i) another former spouse (or another 

23 former domestic partner) who is entitled to a survivor an24 nuity under section 8341(h), (ii) a current spouse to whom 

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

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1 partner with whom the employee or Member was in a do2 mestic partnership) at the time of retirement and with re3 spect to whom a survivor annuity was not jointly waived 

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

5 employee or Member married (or a current domestic part6 ner with whom the employee or Member entered into domes7 tic partnership) after retirement and with respect to whom 

8 an election has been made under subparagraph (C) or sub9 section (k)(2). 

10 ‘‘(C)(i) Upon entry into a subsequent marriage (or do11 mestic partnership), a retired employee or Member who was 

12 married (or in a domestic partnership) at the time of retire13 ment, including an employee or Member whose annuity was 

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

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

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

17 may irrevocably elect during such marriage (or domestic 

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

19 ‘‘(I) within 2 years after such entry into a subse20 quent marriage (or domestic partnership), or 

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

22 ‘‘(aa) the death of or entry into a subse23 quent marriage (or domestic partnership) by any 

24 former spouse (or former domestic partner) of 

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1 such employee or Member who was entitled to a 

2 survivor annuity under section 8341(h), or 

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

4 or entry into a subsequent marriage (or domestic 

5 partnership) by the last such surviving former 

6 spouse (or surviving former domestic partner), 

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

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

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

10 domestic partner) in the event such spouse (or domes11 tic partner) survives the employee or Member. 

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

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

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

15 the subsequent marriage (or entry into the subsequent do16 mestic partnership), and the retired employee or Member 

17 shall deposit in the Fund an amount determined by the Of18 fice of Personnel Management, as nearly as may be admin19 istratively feasible, to reflect the amount by which the annu20 ity of such retired employee or Member would have been 

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

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

23 such retired employee’s or Member’s annuity was termi24 nated under subparagraph (A) or (B), plus interest. For 

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

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1 interest for each year during which an annuity would have 

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

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

4 percent. 

5 ‘‘(iii) The Office shall, by regulation, provide for pay6 ment of the deposit required under clause (ii) by a reduction 

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

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

9 present value of the future reduction is actuarially equiva10 lent to the deposit required under clause (ii), except that 

11 total reductions in the annuity of an employee or Member 

12 to pay deposits required by the provisions of this paragraph 

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

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

15 (r), including adjustments under section 8340. The reduc16 tion required by this clause, which shall be effective on the 

17 same date as the election under clause (i), shall be perma18 nent and unaffected by any future dissolution of the mar19 riage (or termination of the domestic partnership). Such 

20 reduction shall be independent of and in addition to the 

21 reduction required under clause (i). 

22 ‘‘(iv) Notwithstanding any other provision of this sub23 paragraph, an election under this subparagraph may not 

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

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

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1 a subsequent domestic partnership) if such spouse was mar2 ried to (or if such domestic partner was in a domestic part3 nership with) the employee or Member at the time of such 

4 employee’s or Member’s retirement, and all rights to sur5 vivor benefits for such spouse (or domestic partner) under 

6 this subchapter based on marriage (or domestic partner7 ship) to such employee or Member were then waived under 

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

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

10 person under this subparagraph— 

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

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

13 with respect to such person; or 

14 ‘‘(II) shall, if an election was made by the em15 ployee or Member under such subsection (k)(1) with 

16 respect to a different person, prospectively void such 

17 election if appropriate written application is made by 

18 such employee or Member at the time of making the 

19 election under this subparagraph. 

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

21 shall not apply if— 

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

23 under this subparagraph after having made an elec24 tion under subsection (k)(1); and 

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

2 void under clause (v).’’; 

3 (2) in subsection (k)— 

4 (A) in paragraph (1)— 

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

6 Member’’ and inserting ‘‘an employee or 

7 Member who is married (or in a domestic 

8 partnership)’’; and 

9 (ii) by inserting ‘‘(or domestic part10 ner)’’ after ‘‘spouse’’ each place it appears; 

11 (B) in paragraph (2)— 

12 (i) by striking the matter before sub13 paragraph (B) and inserting the following: 

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

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

16 under a provision of law which permits election of a re17 duced annuity with a survivor annuity payable to such em18 ployee’s or Member’s spouse (or domestic partner) and who 

19 later marries (or enters into a domestic partnership), may 

20 irrevocably elect, in a signed writing received in the Of21 fice— 

22 ‘‘(i) within 2 years after such employee or Mem23 ber marries (or enters into a domestic partnership), 

24 or 

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

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1 ‘‘(I) the death of or entry into a subsequent 

2 marriage (or domestic partnership) by any 

3 former spouse (or former domestic partner) of 

4 such employee or Member who was entitled to a 

5 survivor annuity under section 8341(h), or 

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

7 or entry into a subsequent marriage (or domestic 

8 partnership) by the last such surviving former 

9 spouse (or surviving former domestic partner), 

10 a reduction in the retired employee or Member’s current an11 nuity as provided in subsection (j).’’; 

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

13 matter before subclause (I)), by striking 

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

15 entry into a domestic partnership).’’; 

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

18 after ‘‘married’’; and 

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

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

21 domestic partnership).’’; and 

22 (3) in subsection (o)(1)— 

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

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

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

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1 (B) in subparagraph (A) (in the matter fol2 lowing clause (ii)), by inserting ‘‘(or domestic 

3 partner)’’ after ‘‘spouse’’. 

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

5 Section 8340 is amended— 

6 (1) in subsection (a)— 

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

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

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

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

12 ‘‘(3) the terms ‘widow’, ‘widower’, and ‘surviving 

13 partner’ have the respective meanings given them 

14 under section 8341.’’; and 

15 (2) in subsection (c)(1)— 

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

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

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

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

21 deceased employee or Member, or to the widow, 

22 widower, or former spouse (or the surviving 

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

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

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

5 former domestic partner) or insurable interest 

6 designee’’. 

7 SEC. 205. SURVIVOR ANNUITIES. 

8 Section 8341 is amended— 

9 (1) in subsection (a)— 

10 (A) by redesignating paragraphs (3) and 

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

12 (B) by inserting after paragraph (2) the fol13 lowing: 

14 ‘‘(3) ‘surviving partner’— 

15 ‘‘(A) means the surviving domestic partner 

16 of an employee or Member who— 

17 ‘‘(i) was in a domestic partnership 

18 with such employee or Member for at least 

19 9 months immediately before the death of 

20 such employee or Member; or 

21 ‘‘(ii) satisfies such other requirements, 

22 related to parenthood and the domestic 

23 partnership, as the Director of the Office of 

24 Personnel Management shall by regulation 

25 prescribe based on the definition of a widow 

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1 or widower under paragraphs (1)(B) and 

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

3 ‘‘(B) notwithstanding subparagraph (A), 

4 includes a surviving domestic partner described 

5 under that subparagraph only if the employee or 

6 Member performed at least 18 months of service 

7 as a Federal employee;’’; and 

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

9 subparagraph (A))— 

10 (i) in subparagraph (A)— 

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

14 not in a domestic partnership) and’’; 

15 (II) by inserting ‘‘(or surviving 

16 domestic partner)’’ after ‘‘the surviving 

17 spouse’’; and 

18 (III) by inserting at the end, be19 fore the semicolon, the following: ‘‘, and 

20 (v) a child of the domestic partner of 

21 an employee or Member (not adopted 

22 by the employee or Member), but only 

23 if— 

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1 ‘‘(I) the child lived with the em2 ployee or Member in a regular parent3 child relationship; and 

4 ‘‘(II) the employee or Member per5 formed at least 18 months of service as 

6 a Federal employee’’; and 

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

8 striking ‘‘unmarried dependent child’’ and 

9 inserting ‘‘dependent child who is unmar10 ried (and not in a domestic partnership)’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (1)— 

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

14 each place it appears and inserting ‘‘widow 

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

16 (ii) by striking ‘‘remarriage,’’ and in17 serting ‘‘remarriage (or entry into a subse18 quent domestic partnership)’’; 

19 (B) in paragraph (2)— 

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

21 each place it appears and inserting ‘‘widow 

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

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

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

25 (C) in paragraph (3)— 

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1 (i) in the matter before subparagraph 

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

3 after ‘‘spouse’’; 

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

5 each place it appears and inserting ‘‘widow 

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

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

8 ‘‘(or, in the case of a widow or widower, en9 ters into a domestic partnership) (or, in the 

10 case of a surviving partner, enters into a 

11 subsequent domestic partnership or mar12 ries)’’ after ‘‘remarries’’; and 

13 (D) in paragraph (4)— 

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

15 each place it appears and inserting ‘‘widow 

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

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

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

19 ‘‘former spouse’’; 

20 (3) in subsection (d)— 

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

22 place it appears and inserting ‘‘widow or wid23 ower (or surviving partner)’’; 

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

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

3 and 

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

5 case of a widow or widower, enters into a domes6 tic partnership) (or, in the case of a surviving 

7 partner, enters into a subsequent domestic part8 nership or marries)’’ after ‘‘remarries’’; 

9 (4) in subsection (e)— 

10 (A) by striking the matter before paragraph 

11 (2) and inserting the following: 

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

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

14 spouse who was married to an employee or Member 

15 for less than 9 months and a former spouse of an em16 ployee or Member who completed less than 18 months 

17 of service covered by this subchapter; and 

18 ‘‘(B) the term ‘former domestic partner’ includes 

19 a former domestic partner who was in a domestic 

20 partnership with a Federal employee or Member for 

21 less than 9 months and a former domestic partner of 

22 a Federal employee or Member who completed less 

23 than 18 months of service covered by this sub24 chapter.’’; 

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1 (B) in paragraph (2), by striking ‘‘a spouse 

2 or a former spouse’’ each place it appears and 

3 inserting ‘‘a spouse or former spouse (or a do4 mestic partner or former domestic partner)’’; 

5 (C) in paragraph (3)— 

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

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

8 marries (or enters into a domestic partner9 ship);’’; and 

10 (ii) in the matter following subpara11 graph (E)— 

12 (I) by inserting ‘‘(or domestic 

13 partner or former domestic partner)’’ 

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

15 (II) by striking ‘‘spouse, former 

16 spouse, or child’’ and inserting ‘‘spouse 

17 or former spouse (or domestic partner 

18 or former domestic partner) or child,’’; 

19 and 

20 (D) in paragraph (4), by striking ‘‘mar21 riage, then, if such marriage’’ and inserting 

22 ‘‘marriage, then, if such marriage (or a domestic 

23 partnership, then, if such domestic partner24 ship)’’; 

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

2 following: 

3 ‘‘(f) If a Member heretofore or hereafter separated from 

4 the service with title to deferred annuity from the Fund 

5 hereafter dies before having established a valid claim for 

6 annuity and is survived by a spouse to whom married (or 

7 a domestic partner to whom in a domestic partnership) at 

8 the date of separation, the surviving spouse (or surviving 

9 partner)— 

10 ‘‘(1) is entitled to an annuity equal to 55 per11 cent of the deferred annuity of the Member com12 mencing on the day after the Member dies and termi13 nating on the last day of the month before the sur14 viving spouse dies or remarries (or enters into a do15 mestic partnership) (or the surviving domestic part16 ner dies or enters into a subsequent domestic partner17 ship or marries); or 

18 ‘‘(2) may elect to receive the lump-sum credit in19 stead of annuity if the spouse (or domestic partner) 

20 is the individual who would be entitled to the lump21 sum credit and files application therefor with the Of22 fice before the award of the annuity. 

23 Notwithstanding the preceding sentence, an annuity pay24 able under this subsection to the surviving spouse (or surmstockstill on DSKH9S0YB1PROD with BILLS

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1 viving domestic partner) of a Member may not exceed the 

2 difference between— 

3 ‘‘(A) the annuity which would otherwise be pay4 able to such surviving spouse (or such surviving do5 mestic partner) under this subsection, and 

6 ‘‘(B) the amount of the survivor annuity payable 

7 to any former spouse (or any former domestic part8 ner) of such Member under subsection (h).’’; 

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

10 following: 

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

12 domestic partner) whose annuity under this section is ter13 minated because of a subsequent entry into a marriage (or 

14 domestic partnership) before becoming 55 years of age, an15 nuity at the same rate shall be restored commencing on the 

16 day the remarriage (or subsequent domestic partnership) is 

17 dissolved by death, annulment, or divorce (or terminated), 

18 if— 

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

20 partner) elects to receive this annuity instead of a 

21 survivor benefit to which he may be entitled, under 

22 this subchapter or another retirement system for Gov23 ernment employees, by reason of the subsequent entry 

24 into a marriage (or domestic partnership); and 

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

2 annuity is returned to the Fund.’’; 

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

4 following: 

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

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

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

8 separated from the service with title to a deferred annuity 

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

10 under this subsection, if and to the extent expressly provided 

11 for in an election under section 8339(j)(3), or in the terms 

12 of any decree of divorce or annulment or any court order 

13 or court-approved property settlement agreement incident 

14 to such decree. 

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

16 former domestic partner) under this subsection may not ex17 ceed the difference between— 

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

19 former spouse (or former domestic partner), as deter20 mined under subparagraph (B), and 

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

22 this subsection to any other former spouse (or former 

23 domestic partner) of the employee, Member, or annu24 itant, based on an election previously made under sec25 tion 8339(j)(3), or a court order previously issued. 

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1 ‘‘(B) The applicable amount, for purposes of subpara2 graph (A)(i) in the case of a former spouse (or former do3 mestic partner), is the amount which would be applicable— 

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

5 widow or widower (or surviving partner), if the de6 ceased was an employee or Member who died after re7 tirement; 

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

9 in the case of a widow or widower (or surviving part10 ner), if the deceased was an employee or Member de11 scribed in the first sentence of such subsection; or 

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

13 in the case of a surviving spouse (or surviving domes14 tic partner), if the deceased was a Member described 

15 in the first sentence of such subsection. 

16 ‘‘(3) The commencement and termination of an annu17 ity payable under this subsection shall be governed by the 

18 terms of the applicable order, decree, agreement, or election, 

19 as the case may be, except that any such annuity— 

20 ‘‘(A) shall not commence before— 

21 ‘‘(i) the day after the employee, Member, or 

22 annuitant dies, or 

23 ‘‘(ii) the first day of the second month be24 ginning after the date on which the Office re25 ceives written notice of the order, decree, agreemstockstill on DSKH9S0YB1PROD with BILLS

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1 ment, or election, as the case may be, together 

2 with such additional information or documenta3 tion as the Office may prescribe, 

4 whichever is later, and 

5 ‘‘(B) shall terminate— 

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

7 the case of an annuity computed by reference to 

8 clause (i) or (ii) of paragraph (2)(B), no later 

9 than the last day of the month before the former 

10 spouse remarries (or enters into a domestic part11 nership) (or former domestic partner enters into 

12 a subsequent domestic partnership or marries) 

13 before becoming 55 years of age or dies; or 

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

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

16 later than the last day of the month before the 

17 former spouse remarries (or enters into a domes18 tic partnership) or dies (or the former domestic 

19 partner enters into a subsequent domestic part20 nership or marries or dies). 

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

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

23 paragraph (1) shall not be effective— 

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1 ‘‘(A) if such modification is made after the re2 tirement or death of the employee or Member con3 cerned, and 

4 ‘‘(B) to the extent that such modification in5 volves an annuity under this subsection. 

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

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

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

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

10 any joint designation or waiver previously executed with 

11 respect to such former spouse (or former domestic partner) 

12 under section 8339(j)(1) or a similar prior provision of law. 

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

14 bars recovery by any other person. 

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

16 court of any State, the District of Columbia, the Common17 wealth of Puerto Rico, Guam, the Northern Mariana Is18 lands, or the Virgin Islands, and any Indian court.’’; 

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

20 following: 

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

22 (a)(2)(A), and (a)(5)(A) that the surviving spouse (or sur23 viving domestic partner) of an employee or Member have 

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

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1 fore the employee’s or Member’s death in order to qualify 

2 as the widow or widower (or surviving partner) of such em3 ployee or Member shall be deemed satisfied in any case in 

4 which the employee or Member dies within the applicable 

5 9-month period, if— 

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

7 accidental; or 

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

9 partner) of such individual had been previously mar10 ried to (or in a domestic partnership with) the indi11 vidual that was subsequently dissolved (or termi12 nated), and the aggregate time married (or in a do13 mestic partnership) is at least 9 months.’’; and 

14 (9) by redesignating subsection (k) subsection (j) 

15 and amending such subsection to read as follows: 

16 ‘‘(j)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i), 

17 to the extent that they provide for termination of a survivor 

18 annuity because of a subsequent entry into a marriage (or 

19 domestic partnership) before age 55, shall not apply if the 

20 widow, widower or former spouse was married to (or the 

21 surviving partner or former domestic partner was in a do22 mestic partnership with) the individual on whose service 

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

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

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

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

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

3 which the Director of the Office of Personnel Management 

4 may by regulation identify in order to carry out the pur5 poses of this subsection.’’. 

6 SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE7 FICIARY; ORDER OF PRECEDENCE. 

8 Section 8342 is amended— 

9 (1) in subsection (c)— 

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

11 after ‘‘widow or widower’’ ; and 

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

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

14 which child is not otherwise a child of the em15 ployee or Member).’’; and 

16 (2) in subsection (j)— 

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

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

19 if any’’; 

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

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

22 (C) by inserting ‘‘(or former domestic part23 ner)’’ after ‘‘former spouse’’ each place it ap24 pears. 

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1 SEC. 207. ALTERNATIVE FORMS OF ANNUITIES. 

2 Section 8343a is amended— 

3 (1) in subsection (b)(2)— 

4 (A) (in the material before subparagraph 

5 (A)), by inserting ‘‘(or in a domestic partner6 ship)’’ after ‘‘married’’; and 

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

8 surviving domestic partner)’’ after ‘‘surviving 

9 spouse’’; 

10 (2) in subsection (d)— 

11 (A) in paragraph (1), by striking ‘‘mar12 ried,’’ each place it appears and inserting ‘‘mar13 ried (or in a domestic partnership),’’; and 

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

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

16 domestic partner),’’; and 

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

19 SEC. 208. ADMINISTRATION; REGULATIONS. 

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

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

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

23 (and former domestic partners)’’. 

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

25 Section 8351(b)(5) is amended— 

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1 (1) in subparagraphs (A), (B) and (C), by in2 serting ‘‘ (or domestic partner)’’ after ‘‘spouse’’ each 

3 place it appears; 

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

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

6 Member who is married (or in a domestic partner7 ship)’’; and 

8 (3) in subparagraph (D), by inserting ‘‘(or do9 mestic partner or former domestic partner)’’ after 

10 ‘‘spouse or former spouse’’. 

11 TITLE III—FEDERAL EMPLOY12 EES’ RETIREMENT SYSTEM 

13 Subtitle A—General Provisions 

14 SEC. 301. DEFINITIONS. 

15 Section 8401 is amended— 

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

17 end; 

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

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

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

21 ‘‘(37) ‘domestic partner’ and ‘domestic partner22 ship’ have the meanings given under section 2501; 

23 ‘‘(38) ‘Federal employee’ means an elected offi24 cial of the United States or an employee of any entity 

25 of the United States; and 

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

2 domestic partner of an individual— 

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

4 18 months of civilian service creditable under 

5 section 8411 as a Federal employee; and 

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

7 a domestic partnership with such individual for 

8 at least 9 months.’’. 

9 Subtitle B—Creditable Service 

10 SEC. 311. 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 domes17 tic partner)’’ after ‘‘spouse’’ each place it appears. 

18 SEC. 312. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 

19 OR A CURRENT DOMESTIC PARTNER. 

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

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

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

23 (2) in subsection (a)— 

24 (A) by inserting ‘‘(or in a domestic partner25 ship)’’ after ‘‘married’’ each place it appears; 

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

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

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

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

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

6 following: 

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

8 subsequent domestic partnership), a retired employee or 

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

10 at the time of retirement, including an employee or Member 

11 whose annuity was not reduced to provide a survivor annu12 ity for the employee’s or Member’s spouse or former spouse 

13 (or domestic partner or former domestic partner) as of the 

14 time of retirement, may irrevocably elect during such mar15 riage (or domestic partnership), in a signed writing re16 ceived by the Office— 

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

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

20 ‘‘(i) the death of or entry into a subsequent 

21 marriage (or domestic partnership) by any 

22 former spouse (or former domestic partner) of 

23 such employee or Member who was entitled to a 

24 survivor annuity under section 8445, or 

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

2 or entry into a subsequent marriage (or domestic 

3 partnership) by the last such surviving former 

4 spouse (or former domestic partner), 

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

6 under section 8419(a) for the purpose of providing an 

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

8 domestic partner) in the event such spouse (or domes9 tic partner) survives the employee or Member. 

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

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

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

13 the subsequent marriage (or entry into the subsequent do14 mestic partnership). 

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

16 individual under this subsection— 

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

18 by the employee or Member under section 8420 with 

19 respect to such individual; or 

20 ‘‘(B) shall, if an election was made by the em21 ployee or Member under section 8420 with respect to 

22 a different individual, prospectively void such election 

23 if appropriate written application is made by such 

24 employee or Member at the time of making the elec25 tion under this subsection. 

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

2 employee or Member on behalf of an individual after the 

3 retirement of such employee or Member shall not be effective 

4 if— 

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

6 in a domestic partnership with) such individual at 

7 the time of retirement; and 

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

9 on the service of such employee or Member were then 

10 waived under subsection (a).’’; 

11 (4) in subsection (c)— 

12 (A) by striking the matter before paragraph 

13 (2) and inserting the following: 

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

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

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

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

18 writing received by the Office— 

19 ‘‘(A) within 2 years after such employee or Mem20 ber marries (or enters into a domestic partnership), 

21 or 

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

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

24 remarriage (or domestic partnership) by of any 

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1 ployee or Member who was entitled to a survivor 

2 annuity under section 8445, 

3 ‘‘(ii) if more than 1, the death of or entry 

4 into a subsequent marriage (or domestic partner5 ship) by the last such surviving former spouse 

6 (or surviving domestic partner), 

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

9 8419(a).’’; and 

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

12 partnership).’’; and 

13 (5) in subsection (d)(1)— 

14 (A) by inserting ‘‘(or in a domestic partner15 ship)’’ after ‘‘married’’; and 

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

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

18 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

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

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

21 8416 and inserting the following: 

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

22 SEC. 313. SURVIVOR REDUCTION FOR A FORMER SPOUSE 

23 OR FORMER DOMESTIC PARTNER. 

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

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

2 former domestic partner)’’ after ‘‘former 

3 spouse’’; 

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

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

6 (3) in subsection (b)— 

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

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

9 each place it appears; 

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

11 follows: 

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

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

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

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

16 marriage of the former spouse to the employee or Member 

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

18 domestic partner with the employee or Member is so termi19 nated).’’; and 

20 (C) in paragraph (3)— 

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

23 widow or widower’’; and 

24 (ii) by amending subparagraph (B) to 

25 read as follows: 

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1 ‘‘(B) shall not be effective, in the case of an em2 ployee or Member who is then married (or in a do3 mestic partnership), unless it is made with the 

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

5 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

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

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

8 8417 and inserting the following: 

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

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

10 Section 8418(b) is amended— 

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

12 after ‘‘marriage’’; and 

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

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

15 SEC. 315. SURVIVOR REDUCTIONS; COMPUTATION. 

16 Section 8419 is amended— 

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

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

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

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

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

23 current domestic partner) of a retired employee or Member 

24 shall be terminated for each full month— 

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

2 partner); or 

3 ‘‘(B) after the dissolution of the spouse’s mar4 riage to (or the termination of the domestic partner’s 

5 domestic partnership with) the employee or Member, 

6 except that an appropriate reduction shall be made 

7 thereafter if the spouse (or domestic partner) is enti8 tled, as a former spouse (or former domestic partner), 

9 to a survivor annuity under section 8445. 

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

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

12 domestic partner) of a retired employee or Member shall 

13 be terminated for each full month after the former spouse 

14 remarries (or enters into a domestic partnership) (or the 

15 former domestic partner enters into a subsequent domestic 

16 partnership or marries) before reaching age 55 or dies. This 

17 reduction shall be replaced by appropriate reductions under 

18 subsection (a) if the retired employee or Member has— 

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

20 partner) who is entitled to a survivor annuity under 

21 section 8445; 

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

23 Member was married (or a current domestic partner 

24 with whom the employee or Member was in a domes25 tic partnership) at the time of retirement and with 

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1 respect to whom a survivor annuity was not waived 

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

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

4 made; or 

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

6 Member married (or current domestic partner with 

7 whom the employee or Member entered into a domes8 tic partnership) after retirement and with respect to 

9 whom an election has been made under subsection (b) 

10 or (c) of section 8416.’’. 

11 SEC. 316. INSURABLE INTEREST REDUCTIONS. 

12 Section 8420 is amended— 

13 (1) in subsection (b)(1)— 

14 (A) by striking ‘‘married employee or Mem15 ber’’ and inserting ‘‘employee or Member who is 

16 married (or in a domestic partnership)’’; and 

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

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

19 (2) in subsection (b)(2), by inserting ‘‘(or former 

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

21 SEC. 317. ALTERNATIVE FORMS OF ANNUITIES. 

22 Section 8420a is amended— 

23 (1) in subsection (b)(2)— 

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

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

3 after ‘‘married’’; and 

4 (B) in subparagraph (B), by striking ‘‘sur5 viving spouse.’’ inserting ‘‘surviving spouse (or 

6 surviving domestic partner).’’; 

7 (2) in subsection (d)— 

8 (A) in paragraph (1), by striking ‘‘mar9 ried,’’ inserting ‘‘married (or in a domestic part10 nership),’’ and 

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

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

13 each place it appears; and 

14 (3) in subsection (e), by inserting ‘‘(or in a do15 mestic partnership)’’ after ‘‘married’’. 

16 SEC. 318. LUMP-SUM BENEFITS; DESIGNATION OF BENE17 FICIARY; ORDER OF PRECEDENCE. 

18 Section 8424 is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1)— 

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

22 ‘‘the spouse, if any, and any former spouse’’ 

23 and inserting ‘‘any spouse or former spouse 

24 (and any domestic partner or former do25 mestic partner)’’; and 

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

2 ‘‘spouse or former spouse’’ each place it ap3 pears and inserting ‘‘spouse or former 

4 spouse (or domestic partner or former do5 mestic partner)’’; and 

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

7 or former spouse’’ each place it appears and in8 serting ‘‘spouse or former spouse (or domestic 

9 partner or former domestic partner)’’; and 

10 (2) in subsection (d)— 

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

12 inserting ‘‘widow or widower (or surviving part13 ner)’’; and 

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

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

16 which child is not otherwise a child of the em17 ployee or Member).’’. 

18 Subtitle C—Thrift Savings Plan 

19 SEC. 321. BENEFITS AND ELECTION OF BENEFITS. 

20 Section 8433(e) is amended by striking paragraph (2) 

21 and inserting the following: 

22 ‘‘(2) Notwithstanding section 8424(d), if an em23 ployee, Member, former employee, or former Member 

24 dies and has designated as sole or partial beneficiary 

25 his or her spouse (or domestic partner) at the time of 

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1 death, or, if an employee, Member, former employee, 

2 or former Member, dies with no designated bene3 ficiary and is survived by a spouse (or domestic part4 ner), the spouse (or domestic partner) may maintain 

5 the portion of the employee’s or Member’s account to 

6 which the spouse (or domestic partner) is entitled in 

7 accordance with the following terms: 

8 ‘‘(A) Subject to the limitations of subpara9 graph (B), the spouse (or domestic partner) shall 

10 have the same withdrawal options under sub11 section (b) as the employee or Member were the 

12 employee or Member living. 

13 ‘‘(B) The spouse (or domestic partner) may 

14 not make withdrawals under subsection (g) or 

15 (h). 

16 ‘‘(C) The spouse (or domestic partner) may 

17 not make contributions or transfers to the ac18 count. 

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

20 the death of the surviving spouse (or surviving 

21 domestic partner). A beneficiary or surviving 

22 spouse (or surviving domestic partner) of a de23 ceased spouse (or domestic partner) who has in24 herited an account is ineligible to maintain the 

25 inherited spousal account.’’. 

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

2 PURCHASE. 

3 Section 8434(a)(2) is amended— 

4 (1) in subparagraph (B), by inserting ‘‘(or do5 mestic partner)’’ after ‘‘spouse’’; and 

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

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

8 SEC. 323. PROTECTIONS FOR SPOUSES, DOMESTIC PART9 NERS, FORMER SPOUSES, AND FORMER DO10 MESTIC PARTNERS. 

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

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

13 domestic partners and former domestic 

14 partners)’’ after ‘‘spouses and former 

15 spouses’’; 

16 (2) in subsection (a)— 

17 (A) in paragraph (1)— 

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

19 ‘‘A married employee or Member (or former 

20 employee or Member)’’ each place it appears 

21 and inserting ‘‘An employee or Member, or 

22 former employee or former Member, who is 

23 married (or in a domestic partnership)’’; 

24 and 

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

2 ‘‘(or domestic partner)’’ after ‘‘spouse’’ each 

3 place it appears; and 

4 (B) in paragraph (2), by inserting ‘‘(or do5 mestic partner’s)’’ after ‘‘spouse’s’’ each place it 

6 appears; 

7 (3) in subsection (b)— 

8 (A) in paragraph (1)— 

9 (i) by inserting ‘‘(or surviving domes10 tic partner)’’ after ‘‘surviving spouse’’ each 

11 place it appears; and 

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

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

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

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

16 (4) in subsection (d)— 

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

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

19 the first 2 places it appears; 

20 (B) in paragraphs (3) through (6), by in21 serting ‘‘(or former domestic partner)’’ after 

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

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

24 former domestic partners)’’ after ‘‘former 

25 spouses’’; and 

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

2 surviving domestic partner)’’ after ‘‘surviving 

3 spouse’’; 

4 (5) in subsection (e)(1)— 

5 (A) by striking the matter before subpara6 graph (B) and inserting the following: 

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

8 or (h) of section 8433 may be made to an employee or Mem9 ber who is married (or in a domestic partnership) only if 

10 the employee’s or Member’s spouse (or domestic partner) 

11 consents to such loan or withdrawal in writing.’’; and 

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

13 domestic partner’s)’’ after ‘‘spouse’s’’ each place 

14 it appears; and 

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

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

17 former spouse’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

19 table of sections for chapter 84 is amended by striking the 

20 item relating to section 8435 and inserting the following: 

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

former domestic partners).’’. 

21 SEC. 324. JUSTICES AND JUDGES. 

22 Section 8440a(b)(6) is amended by inserting ‘‘(or do23 mestic partners)’’ after ‘‘spouses’’. 

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1 Subtitle D—Survivor Annuities 

2 SEC. 331. DEFINITIONS. 

3 Section 8441 is amended— 

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

5 paragraphs (4) and (5), respectively, and by inserting 

6 after paragraph (2) the following: 

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

8 ‘‘(A) means the surviving domestic partner 

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

10 former employee or Member, who— 

11 ‘‘(i) was in a domestic partnership 

12 with such employee, Member, or annuitant, 

13 or former employee or Member, for at least 

14 9 months immediately before the death of 

15 such employee, Member, or annuitant, or 

16 former employee or Member; or 

17 ‘‘(ii) satisfies such other requirements, 

18 based on parenthood and the domestic part19 nership, as the Director of the Office of Per20 sonnel Management shall by regulation pre21 scribe based on the definition of a widow or 

22 widower under paragraphs (1)(B) and 

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

24 ‘‘(B) notwithstanding subparagraph (A), 

25 includes a surviving domestic partner described 

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1 under that subparagraph only if the employee, 

2 Member, annuitant, or former employee or Mem3 ber performed at least 18 months of service as a 

4 Federal employee;’’; and 

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

6 paragraph (1))— 

7 (A) in subparagraph (A)— 

8 (i) by striking ‘‘an unmarried depend9 ent child’’ and inserting ‘‘a dependent child 

10 who is unmarried (and not in a domestic 

11 partnership)’’; 

12 (ii) in clause (iii), by striking ‘‘and’’ 

13 at the end; and 

14 (iii) in clause (iv)— 

15 (I) by inserting ‘‘(or surviving 

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

17 and 

18 (II) by inserting at the end, before 

19 the semicolon, the following: ‘‘, and (v) 

20 a child of a domestic partner of an em21 ployee, Member, or annuitant (not 

22 adopted by the employee, Member, or 

23 annuitant), but only if— 

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1 ‘‘(I) the child lived with the em2 ployee, Member, or annuitant in a reg3 ular parent-child relationship; and 

4 ‘‘(II) the employee, Member, or 

5 annuitant performed at least 18 

6 months of service as a Federal em7 ployee;’’; and 

8 (B) in subparagraphs (B) and (C), by strik9 ing ‘‘unmarried dependent child’’ each place that 

10 term appears and inserting ‘‘dependent child 

11 who is unmarried (and not in a domestic part12 nership)’’. 

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

14 PARTNER. 

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

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

17 surviving partner)’’ after ‘‘widow or wid18 ower’’; 

19 (2) in subsection (a)— 

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

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

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

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

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

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

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

2 partner)’’ after ‘‘widow or widower’’ each place it ap3 pears; 

4 (4) in subsection (c)— 

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

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

7 surviving partner with whom in a domestic 

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

9 married’’; and 

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

11 place it appears (other than where amended by 

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

13 widower (or surviving partner)’’; 

14 (5) in subsection (d)— 

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

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

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

19 in the case of a widow or widower, enters into 

20 a domestic partnership) (or, in the case of a sur21 viving partner, enters into a subsequent domestic 

22 partnership or marries)’’ after ‘‘remarries’’; 

23 (C) in paragraph (2)— 

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1 (i) by striking ‘‘remarriage before’’ and 

2 inserting ‘‘subsequent entry into a marriage 

3 (or domestic partnership) before’’; 

4 (ii) by striking ‘‘remarriage is dis5 solved by death, divorce, or annulment,’’ 

6 and inserting ‘‘subsequently entered mar7 riage is dissolved by death, divorce, annul8 ment (or subsequently entered domestic 

9 partnership is terminated),’’; and 

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

11 ‘‘remarriage;’’ and inserting ‘‘subsequently 

12 entered marriage (or domestic partner13 ship);’’; and 

14 (D) in paragraph (3)— 

15 (i) by striking ‘‘remarriage’’ and in16 serting ‘‘subsequent entry into a marriage 

17 (or domestic partnership)’’; and 

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

19 partnership for at least 30 years with)’’ 

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

21 (6) in subsection (e)— 

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

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

24 (B) by inserting ‘‘(or in a domestic partner25 ship with)’’ after ‘‘been married to’’; and 

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

2 follows: 

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

4 partner) of such individual had been previously mar5 ried to (or in a domestic partnership with) the indi6 vidual that was subsequently dissolved (or termi7 nated), and the aggregate time married (or in a do8 mestic partnership) is at least 9 months.’’; 

9 (7) in subsection (g), by striking ‘‘widow or wid10 ower’’ and inserting ‘‘widow, widower, or surviving 

11 partner’’ each place it appears; and 

12 (8) in subsection (h)— 

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

14 place it appears and inserting ‘‘widow or wid15 ower (or surviving partner)’’; and 

16 (B) by inserting ‘‘(or former domestic part17 ner)’’ after ‘‘former spouse’’ each place it ap18 pears. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

20 table of sections for chapter 84 is amended by striking the 

21 item relating to section 8442 and inserting the following: 

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

22 SEC. 333. RIGHTS OF A CHILD. 

23 Section 8443(b) is amended by striking subparagraph 

24 (E) and the matter following that subparagraph and insert25 ing the following: 

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1 ‘‘(E) dies or marries (or enters into a do2 mestic partnership); 

3 whichever occurs first. On the death of the surviving 

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

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

6 or termination of the annuity of a child, the annuity 

7 of any other child or children shall be recomputed and 

8 paid as though the wife or husband (or domestic part9 ner), former wife or husband (or former domestic 

10 partner), or child had not survived the annuitant, 

11 employee, or Member. If the annuity of a child under 

12 this subchapter terminates under subparagraph (E) 

13 because of marriage (or domestic partnership), then, 

14 if such marriage (or domestic partnership) ends, such 

15 annuity shall resume on the first day of the month 

16 in which it ends, but only if any lump sum paid is 

17 returned to the Fund, and that individual is not oth18 erwise ineligible for such annuity.’’. 

19 SEC. 334. RIGHTS OF A FORMER SPOUSE OR FORMER DO20 MESTIC PARTNER. 

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

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

23 former domestic partner)’’ after ‘‘former 

24 spouse’’; 

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

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

3 (3) in subsection (b)— 

4 (A) by inserting ‘‘(or former domestic part5 ner)’’ after ‘‘former spouse’’ each place it ap6 pears; and 

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

8 after ‘‘widow or widower’’; 

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

10 into a domestic partnership) (or the former domestic 

11 partner enters into a subsequent domestic partnership 

12 or marries)’’ after ‘‘remarries’’; 

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

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

15 it appears; and 

16 (6) by amending subsection (h) to read as fol17 lows: 

18 ‘‘(h)(1) Subsection (c)(2), to the extent that it provides 

19 for termination of a survivor annuity because of a subse20 quent entry into a marriage (or domestic partnership) be21 fore age 55, shall not apply if the former spouse (or former 

22 domestic partner) was married to (or in a domestic part23 nership with) the individual on whose service the survivor 

24 annuity is based for at least 30 years. 

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

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

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

4 other provision of this chapter which the Director may by 

5 regulation identify in order to carry out the purposes of 

6 this subsection.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

8 table of sections for chapter 84 is amended by striking the 

9 item relating to section 8445 and inserting the following: 

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

10 Subtitle E—General Administrative 

11 Provisions 

12 SEC. 341. AUTHORITY OF THE OFFICE OF PERSONNEL MAN13 AGEMENT. 

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

15 employees, their spouses, their former spouses, and their 

16 survivors’’ and inserting ‘‘such employees and their spouses 

17 (and domestic partners), former spouses (and former domes18 tic partners), and survivors’’. 

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

20 Section 8462(c) is amended— 

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

22 (other than a widow or widower whose annuity is 

23 computed under section 8442(g) or a child under sec24 tion 8443)’’ and inserting the following: ‘‘survivor, 

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1 ner) whose annuity is computed under section 

2 8442(g) or a child under section 8443,’’; 

3 (2) in paragraph (4) (in the matter before sub4 paragraph (A)), by inserting ‘‘(or surviving partner)’’ 

5 after ‘‘widow or widower’’; and 

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

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

8 Subtitle F—Federal Retirement 

9 Thrift Investment Management 

10 System 

11 SEC. 351. FIDUCIARY RESPONSIBILITIES; LIABILITY AND 

12 PENALTIES. 

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

14 ‘‘(F) a spouse (or domestic partner), sibling, 

15 ancestor, lineal descendant, or spouse (or domes16 tic partner) of a lineal descendant of a person 

17 described in subparagraph (A), (B), or (D);’’. 

18 TITLE IV—INSURANCE BENEFITS 

19 SEC. 401. LIFE INSURANCE. 

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

21 (1) in section 8701(d)— 

22 (A) in paragraph (1)— 

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

24 ‘‘(or domestic partner)’’ after ‘‘spouse’’; and 

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

2 ‘‘(or child of the individual’s domestic part3 ner)’’ after ‘‘stepchild’’ each place it ap4 pears; and 

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

6 ‘‘(3) For the purpose of this subsection, ‘domestic 

7 partner’ has the meaning given under section 2501.’’. 

8 (2) in section 8705(a), by inserting ‘‘(or sur9 viving domestic partner)’’ after ‘‘widow or widower’’; 

10 and 

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

12 ‘‘spouse;’’ and inserting ‘‘spouse (or domestic part13 ner);’’. 

14 (b) EFFECTIVE DATE.—The amendments made by this 

15 section shall apply with respect to calendar years beginning 

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

17 of the enactment of this Act. 

18 SEC. 402. HEALTH INSURANCE. 

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

20 (1) in paragraph (5)— 

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

22 by inserting ‘‘(or the domestic partner of a Fed23 eral employee or of a Federal annuitant)’’ after 

24 ‘‘or annuitant’’; 

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1 (B) in subparagraph (A), by striking 

2 ‘‘and’’; 

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

4 ‘‘and’’ at the end; and 

5 (D) by inserting after subparagraph (B) the 

6 following: 

7 ‘‘(C) a child of the domestic partner of a 

8 Federal employee or of a Federal annuitant, un9 less adopted by such individual, but only if the 

10 child lives with the Federal employee or Federal 

11 annuitant in a regular parent-child relation12 ship;’’; 

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

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

15 domestic partners),’’; 

16 (3) in paragraph (10)— 

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

18 entered into a domestic partnership)’’ after ‘‘re19 married’’; and 

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

21 (4) by redesignating paragraph (11) as para22 graph (12), and by inserting after paragraph (10) the 

23 following: 

24 ‘‘(11) ‘former domestic partner’ means a domes25 tic partner— 

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1 ‘‘(A) whose domestic partnership with an 

2 employee, former employee, or Federal annuitant 

3 has terminated, 

4 ‘‘(B) who has not entered into another do5 mestic partnership (or married) before age 55 

6 after the domestic partnership to the employee, 

7 former employee, or annuitant was terminated, 

8 ‘‘(C) who was enrolled in an approved 

9 health benefits plan under this chapter as a fam10 ily member at any time during the 18-month pe11 riod before the date of the termination of the do12 mestic partnership to the employee, former em13 ployee, or annuitant, and 

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

15 survivor annuity under section 8341(h) or 8445 

16 (or benefits similar to either of the aforemen17 tioned annuity benefits under a retirement sys18 tem for Government employees other than the 

19 Civil Service Retirement System or the Federal 

20 Employees’ Retirement System), 

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

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

23 provision of law), or 

24 ‘‘(iii) who is otherwise entitled to an annu25 ity or any portion of an annuity as a former domstockstill on DSKH9S0YB1PROD with BILLS

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1 mestic partner under a retirement system for 

2 Government employees, 

3 except that such term shall not include any such 

4 former domestic partner (who has not entered 

5 into another domestic partnership) of a former 

6 employee whose domestic partnership was termi7 nated after the former employee’s separation 

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

9 (5) by striking the period at the end of para10 graph (12) (as redesignated) and inserting ‘‘; and’’; 

11 and 

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

13 ‘‘(13) ‘domestic partner’ and ‘domestic partner14 ship’ have the meanings given under section 2501; 

15 ‘‘(14) ‘Federal employee’ means an elected offi16 cial of the United States or an employee of any entity 

17 of the United States; and 

18 ‘‘(15) ‘Federal annuitant’ means an annuitant 

19 whose service consists of at least 18 months as a Fed20 eral employee.’’. 

21 (b) CONTRACTING AUTHORITY.—Section 8902 is 

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

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

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

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1 (c) DEBARMENT AND OTHER SANCTIONS.—Section 

2 8902a(a)(1)(B) is amended by inserting ‘‘(or former domes3 tic partner)’’ after ‘‘or former spouse’’. 

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

5 amended— 

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

7 ‘‘former spouses (or former domestic partners),’’; and 

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

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

10 (e) ELECTION OF COVERAGE.—Section 8905 is amend11 ed— 

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

13 following: 

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

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

16 treatment is afforded— 

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

18 partners; and 

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

20 dissolved and the children of a domestic partnership 

21 that has been terminated.’’; 

22 (2) in subsection (e)— 

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

24 after ‘‘has a spouse’’; and 

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1 (B) by striking ‘‘either spouse,’’ and insert2 ing ‘‘either spouse (or either domestic partner, as 

3 the case may be),’’; and 

4 (3) in subsections (f) and (g), by striking 

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

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

7 (f) CONTINUED COVERAGE.—Section 8905a is amend8 ed by adding at the end the following: 

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

10 that, in the administration of this section, parity of treat11 ment is afforded— 

12 ‘‘(1) to former spouses and former domestic part13 ners; and 

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

15 dissolved and the children of a domestic partnership 

16 that has been terminated.’’. 

17 (g) COVERAGE OF RESTORED EMPLOYEES AND SUR18 VIVOR OR DISABILITY ANNUITANTS.—Section 8908(b) is 

19 amended by striking ‘‘remarriage and is later restored’’ and 

20 inserting ‘‘having entered into a subsequent marriage (or 

21 domestic partnership) and is later restored (or a surviving 

22 domestic partner whose survivor annuity under this title 

23 was terminated because of having entered into a subsequent 

24 domestic partnership or a marriage and is later restored)’’. 

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1 (h) EMPLOYEES HEALTH BENEFITS FUND.—Section 

2 8909(d) is amended by striking ‘‘former spouse,’’ each place 

3 it appears and inserting ‘‘former spouse (or former domestic 

4 partner),’’. 

5 (i) REGULATIONS.—Section 8913(c) is amended— 

6 (1) by inserting ‘‘(and former domestic part7 ners)’’ after ‘‘and former spouses’’; and 

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

9 after ‘‘or former spouse’’. 

10 (j) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply with respect to contract years beginning 

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

13 of the enactment of this Act. 

14 SEC. 403. ENHANCED DENTAL BENEFITS. 

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

16 (1) in section 8956(a)— 

17 (A) by inserting ‘‘or domestic partner’’ after 

18 ‘‘a spouse’’; and 

19 (B) by striking ‘‘either spouse,’’ and insert20 ing ‘‘either spouse (or either domestic partner, as 

21 the case may be),’’; and 

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

23 spouse,’’ and inserting ‘‘surviving spouse (or sur24 viving domestic partner),’’. 

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1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply with respect to contract years beginning 

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

4 of the enactment of this Act. 

5 SEC. 404. ENHANCED VISION BENEFITS. 

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

7 (1) in section 8986(a)— 

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

9 after ‘‘a spouse’’; and 

10 (B) by striking ‘‘either spouse,’’ and insert11 ing ‘‘either spouse (or either domestic partner, as 

12 the case may be),’’; and 

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

14 spouse,’’ and inserting ‘‘surviving spouse (or sur15 viving domestic partner),’’. 

16 (b) EFFECTIVE DATE.—The amendments made by this 

17 section shall apply with respect to contract years beginning 

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

19 of the enactment of this Act. 

20 SEC. 405. LONG-TERM CARE INSURANCE. 

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

22 (1) in section 9001(5), by redesignating subpara23 graph (D) as subparagraph (E) and by inserting 

24 after subparagraph (C) the following: 

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

2 defined in section 2501) of a Federal employee 

3 (as that term is defined in section 8901), of an 

4 individual described in subparagraph (B), (C), 

5 or (D) of paragraph (1), or of an annuitant 

6 whose service (as that term is defined in section 

7 8901) consists of at least 18 months as a Federal 

8 employee; 

9 ‘‘(ii) a child of a domestic partner referred 

10 to in clause (i), if such child is at least 18 years 

11 of age; and 

12 ‘‘(iii) a parent of a domestic partner re13 ferred to in clause (i).’’; and 

14 (2) in section 9002(e)(2)— 

15 (A) in the heading, by striking ‘‘SPOUSAL

16 PARITY’’ and inserting the following: ‘‘PARITY

17 FOR SPOUSE (OR DOMESTIC PARTNER)’’; and 

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

19 after ‘‘spouse’’. 

20 (b) EFFECTIVE DATE.—The amendments made by this 

21 section shall apply with respect to calendar years beginning 

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

23 of the enactment of this Act. 

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1 TITLE V—TRAVEL, TRANSPOR2 TATION, AND SUBSISTENCE 

3 SEC. 501. REIMBURSEMENT FOR TAXES INCURRED ON 

4 MONEY RECEIVED FOR TRAVEL EXPENSES. 

5 (a) IN GENERAL.—Section 5706c is amended— 

6 (1) in subsection (a), by striking ‘‘(if filing joint7 ly),’’ and inserting ‘‘(if filing jointly) (or by an em8 ployee and such employee’s domestic partner (as that 

9 term is defined under section 2501), if joint filing is 

10 allowed and they file jointly),’’; and 

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

12 spouse, as the case may be,’’ and inserting ‘‘employee 

13 and spouse (or domestic partner), as the case may 

14 be’’. 

15 (b) EFFECTIVE DATE.—The amendments made by this 

16 section shall apply with respect to taxable years beginning 

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

18 of the enactment of this Act. 

19 SEC. 502. DEFINITION. 

20 Section 5721 is amended— 

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

22 end; 

23 (2) in paragraph (7), by striking the period and 

24 inserting ‘‘; and’’; and 

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

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1 ‘‘(8) ‘domestic partner’ has the meaning given 

2 under section 2501.’’. 

3 SEC. 503. RELOCATION EXPENSES OF EMPLOYEES TRANS4 FERRED OR REEMPLOYED. 

5 (a) IN GENERAL.—Section 5724a(b)(1)(A) is amended 

6 by striking ‘‘employee’s spouse’’ and inserting ‘‘employee’s 

7 spouse (or domestic partner)’’. 

8 (b) EFFECTIVE DATE.—The amendment made by this 

9 section shall apply with respect to expenses incurred after 

10 the end of the 6-month period beginning on the date of the 

11 enactment of this Act. 

12 SEC. 504. TAXES ON REIMBURSEMENTS FOR TRAVEL, 

13 TRANSPORTATION, AND RELOCATION EX14 PENSES OF EMPLOYEES TRANSFERRED. 

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

16 (1) in subsection (a), by striking ‘‘(if filing joint17 ly),’’ and inserting ‘‘by an employee and such em18 ployee’s spouse (or, where allowable, such employee’s 

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

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

21 spouse, as the case may be,’’ and inserting ‘‘employee 

22 and spouse (or domestic partner), as the case may 

23 be’’. 

24 (b) EFFECTIVE DATE.—The amendments made by this 

25 section shall apply with respect to taxable years beginning 

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

2 of the enactment of this Act. 

3 SEC. 505. RELOCATION EXPENSES OF AN EMPLOYEE WHO IS 

4 PERFORMING AN EXTENDED ASSIGNMENT. 

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

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

7 spouse’’. 

8 (b) EFFECTIVE DATE.—The amendment made by this 

9 section shall apply with respect to expenses incurred after 

10 the end of the 6-month period beginning on the date of the 

11 enactment of this Act. 

12 TITLE VI—COMPENSATION FOR 

13 WORK INJURIES 

14 SEC. 601. DEFINITIONS. 

15 Section 8101 is amended— 

16 (1) in paragraph (8), by striking ‘‘married 

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

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

19 partnership);’’; 

20 (2) in paragraph (9)— 

21 (A) by inserting ‘‘(or children of the em22 ployee’s domestic partner, if the employee was a 

23 Federal employee)’’ after ‘‘stepchildren’’; and 

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1 (B) by striking ‘‘married children’’ and in2 serting ‘‘any child who is married (or in a do3 mestic partnership)’’; 

4 (3) in paragraph (19), by striking ‘‘and’’ at the 

5 end; 

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

7 and inserting a semicolon; and 

8 (5) by adding after paragraph (20) the fol9 lowing: 

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

11 the individuals in a domestic partnership; 

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

13 relationship between 2 individuals of the same sex 

14 that meets the conditions of subparagraphs (A) and 

15 (B): 

16 ‘‘(A) except as provided in subparagraph 

17 (B), the term means a relationship established 

18 under section 2502 and not dissolved under that 

19 section; 

20 ‘‘(B) if neither of the 2 individuals is an 

21 employee within the meaning of section 2501, 

22 but if at least 1 of them is a covered Federal em23 ployee, the term means a relationship established 

24 under section 2502 and not dissolved under that 

25 section, except that— 

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1 ‘‘(i) notwithstanding the requirement 

2 in section 2502(a)(2)(A)(ii), each of the in3 dividuals shall attest that the individual 

4 who files the application and affidavit is a 

5 covered Federal employee; and 

6 ‘‘(ii) the Secretary of Labor shall exer7 cise the authorities of the Director under 

8 section 2502 with respect to the domestic 

9 partnership, and shall do so under any ap10 plicable regulations issued by the Director 

11 (except insofar as may be necessitated by 

12 different circumstances); 

13 ‘‘(23) the term ‘Federal employee’— 

14 ‘‘(A) means— 

15 ‘‘(i) an individual referred to in sub16 paragraph (A) or (B) of paragraph (1) 

17 (subject to the exclusions following subpara18 graph (E) of that paragraph); or 

19 ‘‘(ii) any other individual who is eligi20 ble for coverage under this subchapter based 

21 on such individual’s employment with or 

22 other service to the United States; and 

23 ‘‘(B) shall not include any individual who 

24 is eligible for coverage under this subchapter 

25 based on the individual’s service performed as 

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1 the employee of any employer other than an enti2 ty of the United States; and 

3 ‘‘(24) the term ‘surviving partner’ means the do4 mestic partner in a domestic partnership with the de5 cedent at the time of his or her death if the decedent 

6 was a Federal employee’’. 

7 SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN 

8 CONNECTION WITH EMPLOYEE’S SERVICE 

9 WITH AN ARMED FORCE. 

10 Section 8102a(d) is amended— 

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

12 spouse.’’ and inserting ‘‘surviving spouse (or sur13 viving partner).’’; and 

14 (2) in paragraph (2)(C), by inserting ‘‘(or chil15 dren of the employee’s domestic partner, if the em16 ployee was a covered Federal employee)’’ 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 

6 widower,’’ and inserting ‘‘no widow or widower (and 

7 no surviving partner),’’. 

8 SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS. 

9 Section 8110(a) is amended— 

10 (1) in paragraph (3)— 

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

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

13 a domestic partnership)’’; and 

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

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

16 inserting ‘‘; and’’; 

17 (3) by inserting after paragraph (4) the fol18 lowing: 

19 ‘‘(5) a domestic partner, if— 

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

21 household as the employee; 

22 ‘‘(B) he or she is receiving regular contribu23 tions from the employee for his or her support; 

24 or 

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

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

3 (4) in the last sentence, by striking ‘‘he marries.’’ 

4 and inserting ‘‘he marries (or enters into a domestic 

5 partnership).’’. 

6 SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSA7 TION. 

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

9 inserting ‘‘spouse (or domestic partner),’’. 

10 SEC. 606. COMPENSATION IN CASE OF DEATH. 

11 Section 8133 is amended— 

12 (1) in subsection (a)— 

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

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

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

16 and 

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

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

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

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

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

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

24 ‘‘widower,’’ and inserting ‘‘widower (or sur25 viving partner),’’ each place it appears; and 

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1 (2) in subsection (b)— 

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

3 follows: 

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

5 enters into a domestic partnership) (or a surviving 

6 partner dies or enters into a subsequent domestic 

7 partnership or marries) before reaching age 55;’’; and 

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

9 ‘‘marries,’’ each place that term appears and in10 serting ‘‘marries (or enters into a domestic part11 nership),’’; and 

12 (C) in the matter following paragraph 

13 (3)— 

14 (i) in the first sentence, by striking 

15 ‘‘marries.’’ and inserting ‘‘marries (or en16 ters into a domestic partnership).’’; and 

17 (ii) in the second sentence, by inserting 

18 ‘‘(or domestic partner) (or a surviving part19 ner who has entitlements to benefits under 

20 this title derived from more than one domes21 tic partner or spouse)’’ after ‘‘husband or 

22 wife’’. 

23 SEC. 607. LUMP-SUM PAYMENT. 

24 Section 8135 is amended— 

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1 (1) in subsection (a), by inserting ‘‘(or surviving 

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

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

4 following: 

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

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

7 surviving partner on entry into a subsequent domestic part8 nership or on marriage before age 55) who is entitled to 

9 compensation under section 8133 of this title, shall be paid 

10 a lump sum equal to 24 times the monthly compensation 

11 payment (excluding compensation on account of another in12 dividual) to which that individual was entitled imme13 diately before the remarriage (or marriage or entry into 

14 a domestic partnership).’’. 

15 SEC. 608. EMPLOYEES OF NONAPPROPRIATED FUND IN16 STRUMENTALITIES. 

17 (a) IN GENERAL.—Section 8171 is amended by adding 

18 at the end the following: 

19 ‘‘(e) For the purpose of this subchapter— 

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

21 the individuals in a domestic partnership; 

22 ‘‘(2) the term ‘domestic partnership’ means a re23 lationship between 2 individuals of the same sex that 

24 meets the conditions of subparagraphs (A) and (B)— 

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1 ‘‘(A) except as provided in subparagraph 

2 (B), the term means a relationship established 

3 under section 2502 and not dissolved under that 

4 section; and 

5 ‘‘(B) if neither of the 2 individuals is an 

6 employee described in subsection (a), but if at 

7 least 1 of them is a volunteer described in sub8 section (a), the term means a relationship estab9 lished under section 2502 and not dissolved 

10 under that section, except that— 

11 ‘‘(i) the Secretary of Labor shall exer12 cise the authorities of the Director under 

13 that section with respect to the domestic 

14 partnership; and 

15 ‘‘(ii) notwithstanding the requirement 

16 in section 2502(a)(2)(A)(ii), each of the in17 dividuals shall attest that the individual 

18 who files the application and affidavit is 

19 such a volunteer; 

20 ‘‘(3) the term ‘surviving partner’ means the dece21 dent’s domestic partner at the time of his or her 

22 death; 

23 ‘‘(4) in the Longshore and Harbor Workers’ 

24 Compensation Act— 

25 ‘‘(A) section 2(14) shall apply as though— 

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1 ‘‘(i) the term ‘(or child of the domestic 

2 partner of an employee or volunteer referred 

3 to in section 8171(a) of title 5, United 

4 States Code)’ were inserted after ‘stepchild’; 

5 and 

6 ‘‘(ii) the term ‘(or children in domestic 

7 partnerships)’ were inserted after ‘married 

8 children’, ‘(or brothers in domestic partner9 ships)’ were inserted after ‘married broth10 ers’, and ‘(or sisters in domestic partner11 ships)’ were inserted after ‘married sisters’; 

12 ‘‘(B) in section 8(d)(1)— 

13 ‘‘(i) subparagraphs (A), (C), and (D) 

14 shall apply as though the term ‘(or sur15 viving partner)’ were inserted after ‘widow 

16 or widower’ each place it appears; and 

17 ‘‘(ii) subparagraph (D) shall apply as 

18 though the term ‘wife, husband,’ were struck 

19 and ‘wife or husband (or domestic partner)’ 

20 were inserted; and 

21 ‘‘(C) in section 9— 

22 ‘‘(i) subsection (b) shall apply as 

23 though the portion of the first sentence up 

24 to and including the sixth comma reads as 

25 follows: ‘If there be a widow or widower (or 

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1 surviving partner) and no child of the de2 ceased, to such widow or widower (or sur3 viving partner) 50 per centum of the aver4 age wages of the deceased, during widow5 hood, or dependent widowerhood (or during 

6 the existence of the domestic partnership, as 

7 the case may be), with 2 years’ compensa8 tion in 1 sum upon remarriage (or entry 

9 into a domestic partnership) of such widow 

10 or widower (or entry into another domestic 

11 partnership or marriage of such surviving 

12 partner); and if there be a surviving child 

13 or children of the deceased, the additional 

amount of 162 14 ⁄3 per centum of such wages 

15 for each such child; in case of the death or 

16 remarriage (or entry into a domestic part17 nership) of such widow or widower (or 

18 entry into another domestic partnership or 

19 a marriage of such surviving partner),’; 

20 ‘‘(ii) subsection (c) shall apply as 

21 though the portion of the subsection up to 

22 and including the fourth comma reads as 

23 follows: ‘If there be 1 surviving child of the 

24 deceased, but no widow or widower (or sur25 viving partner), then for the support of such 

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1 child 50 per centum of the wages of the de2 ceased; and if there be more than 1 sur3 viving child of the deceased, but no widow 

4 or dependent husband (or surviving part5 ner),’; 

6 ‘‘(iii) subsection (d) shall apply as 

7 though— 

8 ‘‘(I) the portion of the first sen9 tence up through the word ‘children’ 

10 reads as follows: ‘If there be no sur11 viving wife or husband (or surviving 

12 domestic partner) or child, or if the 

13 amount payable to a surviving wife or 

14 husband (or surviving domestic part15 ner) and to children’; and 

16 ‘‘(II) the second sentence reads as 

17 follows: ‘But in no case shall the aggre18 gate amount payable under this sub19 section exceed the difference between 

662 20 ⁄3 per centum of such wages and the 

21 amount payable as hereinbefore pro22 vided to widow or widower (or sur23 viving partner) and for the support of 

24 surviving child or children.’; 

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1 ‘‘(iv) subsection (g) shall apply as 

2 though the term ‘(or surviving domestic 

3 partner)’ were inserted after ‘surviving wife’ 

4 each place it appears; and 

5 ‘‘(v) section 31(b)(2)(C) shall apply as 

6 though the term ‘(or domestic partner)’ were 

7 inserted after ‘spouse’.’’. 

8 (b) EXCLUSIVE LIABILITY.—Section 8173 is amended 

9 by striking ‘‘spouse,’’ and inserting ‘‘spouse (or domestic 

10 partner),’’. 

11 SEC. 609. EFFECTIVE DATE. 

12 (a) IN GENERAL.—Subject to succeeding provisions of 

13 this section, this title and the amendments made by this 

14 title— 

15 (1) shall take effect on the date of enactment of 

16 this Act; and 

17 (2) shall apply with respect to any injury or 

18 death occurring before, on, or after such date of enact19 ment. 

20 (b) TIMELY CLAIM REQUIRED; LIMITATION ON PAY21 MENTS.—No compensation shall be payable, by virtue of the 

22 enactment of this title— 

23 (1) unless timely claim therefor is filed in ac24 cordance with the provisions of section 8122 or 8193 

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1 of title 5, United States Code (as applicable), and 

2 subsection (c); or 

3 (2) with respect to any period commencing before 

4 the date of enactment of this Act. 

5 (c) ALLOWABILITY OF CLAIMS.—In the case of an 

6 original claim for compensation for a disability or death 

7 that occurred before the date of enactment of this Act (and 

8 which would not otherwise be payable, but for the enactment 

9 of the amendments made by this title)— 

10 (1) such claim shall not be allowed if, as of such 

11 date of enactment, a claim based on such disability 

12 or death would no longer be timely (determined in ac13 cordance with such section 8122 or 8193 (as applica14 ble), before the application of paragraph (2)); and 

15 (2) the timeliness of any such claim, if not pre16 cluded by paragraph (1), shall be determined— 

17 (A) by applying the provisions of such sec18 tion 8122 or 8193 (as applicable); and 

19 (B) as if the time limitations of such section 

20 8122 or 8193 (as applicable) did not begin to 

21 run until the date on which the provisions of sec22 tion 2502(a) of title 5, United States Code (as 

23 added by section 101 of this Act) become effec24 tive. 

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1 (d) PAYMENTS FOR PRIOR PERIODS NOT AF2 FECTED.—No recovery shall be made of compensation paid 

3 to any individual whose entitlement to compensation is ter4 minated or reduced as a result of the enactment of this title. 

5 TITLE VII—EMPLOYEE LEAVE; 

6 DEATH OR CAPTIVITY COM7 PENSATION; OTHER EM8 PLOYEE BENEFITS 

9 SEC. 701. VOLUNTARY TRANSFERS OF LEAVE; VOLUNTARY 

10 LEAVE BANK PROGRAM. 

11 (a) VOLUNTARY TRANSFERS OF LEAVE.—Section 6333 

12 is amended by adding at the end the following: 

13 ‘‘(d) Regulations to carry out this section shall include 

14 provisions to ensure that, in the administration of this sec15 tion, a domestic partner (as that term is defined in section 

16 2501) shall be afforded the same status as a spouse.’’. 

17 (b) VOLUNTARY LEAVE BANK PROGRAM.—Section 

18 6362 is amended— 

19 (1) by inserting ‘‘(a)’’ before ‘‘Notwithstanding’’; 

20 and 

21 (2) by adding at the end the following: 

22 ‘‘(b) The established program under this section shall 

23 include provisions to ensure that, in the administration of 

24 this section, a domestic partner (as that term is defined 

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1 in section 2501) shall be afforded the same status as a 

2 spouse.’’. 

3 SEC. 702. FAMILY AND MEDICAL LEAVE. 

4 (a) IN GENERAL.— 

5 (1) DEFINITION.—Section 6381(6) is amended 

6 (in the matter before subparagraph (A)), by striking 

7 ‘‘parentis,’’ and inserting ‘‘parentis (or a biological, 

8 adopted, or foster child of the domestic partner of the 

9 employee),’’. 

10 (2) LEAVE REQUIREMENT.—Section 6382 is 

11 amended in subsections (a)(1)(C) and (e)(2)(A) by 

12 striking ‘‘spouse,’’ each place that term appears and 

13 inserting ‘‘spouse (or domestic partner),’’. 

14 (3) CERTIFICATION.—Section 6383 is amended 

15 in subsections (a) and (b)(4)(A) by striking ‘‘spouse,’’ 

16 each place it appears and inserting ‘‘spouse (or do17 mestic partner),’’. 

18 (b) CONGRESSIONAL ACCOUNTABILITY.—Section 202 

19 of the Congressional Accountability Act of 1995 (2 U.S.C. 

20 1312) is amended by adding at the end the following: 

21 ‘‘(f) COVERAGE OF EMPLOYEES WITH DOMESTIC

22 PARTNERS.— 

23 ‘‘(1) DEFINITION OF DOMESTIC PARTNER.—In 

24 this subsection, the term ‘domestic partner’ has the 

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1 meaning given under section 2501 of title 5, United 

2 States Code. 

3 ‘‘(2) APPLICATION TO COVERED EMPLOYEES.—In 

4 the case of a covered employee who has a domestic 

5 partner— 

6 ‘‘(A) for purposes of the application de7 scribed in subsection (a)(1)— 

8 ‘‘(i) the term ‘domestic partner’ shall 

9 be deemed inserted after ‘spouse’ each place 

10 it appears in sections 102 through 105 of 

11 the Family and Medical Leave Act of 1993; 

12 and 

13 ‘‘(ii) a child of the domestic partner of 

14 a covered employee, which child meets the 

15 conditions of subparagraphs (A) and (B) of 

16 section 101(12) of that Act, shall be deemed 

17 to be included in the term ‘son or daughter’ 

18 as defined in that section 101(12); and 

19 ‘‘(B) if the covered employee and the domes20 tic partner of the covered employee are employed 

21 by the same employing office, the limit on the 

22 aggregate number of workweeks of leave to which 

23 both may be entitled, as stated in section 102(f) 

24 of the Family and Medical Leave Act of 1993, 

25 shall apply. 

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1 ‘‘(3) APPLICATION TO EMPLOYEES OF THE GOV2 ERNMENT ACCOUNTABILITY OFFICE.—In the case of 

3 an employee of the Government Accountability Office 

4 who has a domestic partner— 

5 ‘‘(A) the term ‘domestic partner’ shall be 

6 deemed inserted after ‘spouse’ each place it ap7 pears in sections 102 through 105 of the Family 

8 and Medical Leave Act of 1993; 

9 ‘‘(B) a child of the domestic partner of the 

10 employee, which child meets the conditions of 

11 subparagraphs (A) and (B) of section 101(12) of 

12 that Act, shall be deemed to be included in the 

13 term ‘son or daughter’ as defined in that section 

14 101(12); and 

15 ‘‘(C) in any case in which the employee and 

16 the domestic partner of the employee are both 

17 employed by the Government Accountability Of18 fice or are both employed by the Library of Con19 gress, the limit on the aggregate number of work20 weeks of leave to which both may be entitled, as 

21 stated in section 102(f) of the Family and Med22 ical Leave Act of 1993, shall apply.’’. 

23 (c) PRESIDENTIAL AND EXECUTIVE OFFICE ACCOUNT24 ABILITY.—Section 412 of title 3, United States Code, is 

25 amended by adding at the end the following: 

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1 ‘‘(e) COVERAGE OF EMPLOYEES WITH DOMESTIC

2 PARTNERS.— 

3 ‘‘(1) DEFINITION OF DOMESTIC PARTNER.—In 

4 this subsection, the term ‘domestic partner’ has the 

5 meaning given under section 2501 of title 5. 

6 ‘‘(2) APPLICATION TO COVERED EMPLOYEES.—In 

7 the case of a covered employee who has a domestic 

8 partner— 

9 ‘‘(A) for purposes of the application de10 scribed in subsection (a)(1)— 

11 ‘‘(i) the term ‘domestic partner’ shall 

12 be deemed inserted after ‘spouse’ each place 

13 it appears in sections 102 through 105 of 

14 the Family and Medical Leave Act of 1993; 

15 and 

16 ‘‘(ii) a child of the domestic partner of 

17 a covered employee, which child meets the 

18 conditions of subparagraphs (A) and (B) of 

19 section 101(12) of that Act, shall be deemed 

20 to be included in the term ‘son or daughter’ 

21 as defined in that section 101(12); and 

22 ‘‘(B) if the covered employee and the domes23 tic partner of the covered employee are employed 

24 by the same employing office, the limit on the 

25 aggregate number of workweeks of leave to which 

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1 both may be entitled, as stated in section 102(f) 

2 of the Family and Medical Leave Act of 1993, 

3 shall apply.’’. 

4 SEC. 703. SETTLEMENT OF ACCOUNTS. 

5 (a) DEFINITION.—Section 5581 is amended— 

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

7 end; 

8 (2) in paragraph (2), by striking ‘‘by Federal 

9 statute.’’ at the end and inserting ‘‘by Federal statute; 

10 and’’; and 

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

12 ‘‘(3) ‘domestic partner’ has the meaning given it 

13 by section 2501.’’. 

14 (b) ORDER OF PRECEDENCE.—Section 5582(b) is 

15 amended by inserting ‘‘(or surviving domestic partner)’’ 

16 after ‘‘widow or widower’’. 

17 SEC. 704. BENEFITS FOR CAPTIVES. 

18 Section 5569(j) is amended by adding at the end the 

19 following: ‘‘Such regulations shall include provisions to en20 sure that, in the administration of this section, a domestic 

21 partner (as that term is defined in section 2501) shall be 

22 afforded the same status as a spouse.’’. 

23 SEC. 705. COMPENSATION FOR DISABILITY OR DEATH. 

24 Section 5570 is amended by adding at the end the fol25 lowing: 

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1 ‘‘(h) Regulations to carry out this section shall include 

2 provisions to ensure that, in the administration of this sec3 tion, a domestic partner (as that term is defined in section 

4 2501) shall be afforded the same status as a spouse.’’. 

5 SEC. 706. ANNUITY OF THE COMPTROLLER GENERAL. 

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

7 States Code, is amended— 

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

9 striking ‘‘subchapter—’’ and inserting ‘‘subchapter:’’; 

10 (2) in paragraph (1)— 

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

12 and 

13 (B) by inserting ‘‘(or the child of a report14 ing Comptroller General’s domestic partner)’’ 

15 after ‘‘including a stepchild’’; and 

16 (3) by striking paragraphs (2) and (3) and in17 serting the following: 

18 ‘‘(2) The terms ‘domestic partner’ and ‘domestic 

19 partnership’ have the meanings given under section 

20 2501 of title 5. 

21 ‘‘(3) The term ‘surviving spouse’ means a sur22 viving spouse of an individual who was a Comp23 troller General or retired Comptroller General and the 

24 spouse— 

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1 ‘‘(A) was married to the individual for at 

2 least 1 year immediately before the individual 

3 died; or 

4 ‘‘(B) has not remarried (or entered into a 

5 domestic partnership) before age 55 and is the 

6 parent of issue by the marriage. 

7 ‘‘(4) The term ‘surviving partner’ means a sur8 viving domestic partner of an individual who was a 

9 Comptroller General or retired Comptroller General 

10 and the domestic partner— 

11 ‘‘(A) was in a domestic partnership for at 

12 least 1 year immediately before the individual 

13 died; or 

14 ‘‘(B)(i) has not entered into a subsequent 

15 domestic partnership or married before age 55; 

16 and 

17 ‘‘(ii) satisfies other requirements, related to 

18 parenthood and the domestic partnership, pre19 scribed by the Director of the Office of Personnel 

20 Management by regulation under sections 

21 8341(3)(b) and 8441(3)(B) of title 5, as deter22 mined and applied by the General Counsel of the 

23 Government Accountability Office on the basis of 

24 those regulations. 

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1 ‘‘(5) Service as a Comptroller General equals the 

2 number of years and complete months an individual 

3 is Comptroller General.’’. 

4 (b) ELECTION OF SURVIVOR BENEFITS.—Section 773 

5 of title 31, United States Code, is amended— 

6 (1) in subsection (b)(2)(B), by inserting ‘‘(or do7 mestic partner’s)’’ after ‘‘surviving spouse’s’’; 

8 (2) in subsection (c), by inserting ‘‘(or surviving 

9 domestic partner)’’ after ‘‘surviving spouse’’; and 

10 (3) in subsection (d), by inserting ‘‘(or domestic 

11 partner)’’ before the period. 

12 (c) SURVIVOR ANNUITIES.—Section 774 of title 31, 

13 United States Code, is amended— 

14 (1) in subsection (c)— 

15 (A) by striking paragraph (1) and inserting 

16 the following: 

17 ‘‘(1) only by a spouse (or domestic partner), the 

18 surviving spouse (or surviving domestic partner) shall 

19 receive an annuity computed under subsection (d) of 

20 this section beginning on the death of the Comptroller 

21 General or retired Comptroller General or when the 

22 spouse (or domestic partner) is 50 years of age, 

23 whichever is later;’’; 

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

25 spouse and a dependent child, the surviving 

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1 spouse’’ and inserting ‘‘by a spouse (or domestic 

2 partner) and a dependent child, the surviving 

3 spouse (or surviving domestic partner)’’; and 

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

5 surviving domestic partner)’’ after‘‘surviving 

6 spouse’’; 

7 (2) in subsection (d), by inserting ‘‘(or surviving 

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

9 (3) in subsection (e)— 

10 (A) by inserting ‘‘(or surviving domestic 

11 partner’s)’’ after ‘‘A surviving spouse’s’’; 

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

13 partner’s)’’ after ‘‘a surviving spouse’s’’; and 

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

15 after ‘‘unless the spouse’’. 

16 (d) REFUNDS.—Section 775 of title 31, United States 

17 Code, is amended— 

18 (1) in subsection (d)(2), by inserting ‘‘(or sur19 viving domestic partner)’’ after ‘‘surviving spouse’’; 

20 and 

21 (2) in subsection (e), by inserting ‘‘(or surviving 

22 domestic partner)’’ after ‘‘surviving spouse’’. 

23 (e) PAYMENT OF SURVIVOR BENEFITS.—Section 

24 776(b) of title 31, United States Code, is amended— 

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

2 spouse’s annuity ends when the spouse remarries’’ 

3 and inserting ‘‘A surviving spouse’s (or surviving do4 mestic partner’s) annuity ends when the spouse re5 marries (or enters into a domestic partnership) (or 

6 when the surviving domestic partner enters into an7 other domestic partnership or marries)’’; 

8 (2) in paragraph (2), by striking ‘‘marries, or 

9 dies, whichever is earliest. However, if a child is not 

10 self-supporting because of a physical or mental dis11 ability, an annuity ends when the child recovers, 

12 marries’’ and inserting ‘‘marries (or enters into a do13 mestic partnership), or dies, whichever is earliest. 

14 However, if a child is not self-supporting because of 

15 a physical or mental disability, an annuity ends 

16 when the child recovers, marries (or enters into a do17 mestic partnership)’’; and 

18 (3) in paragraph (3), by inserting ‘‘(or surviving 

19 domestic partner)’’ after ‘‘a surviving spouse’’. 

20 (f) ANNUITY INCREASES.—Section 777(b) of title 31, 

21 United States Code, is amended by inserting ‘‘(or surviving 

22 domestic partner’s)’’ after ‘‘A surviving spouse’s’’. 

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1 TITLE VIII—ETHICS IN GOVERN2 MENT, CONFLICTS OF INTER3 EST, EMPLOYMENT OF REL4 ATIVES, GIFTS, AND EM5 PLOYEE CONDUCT 

6 SEC. 801. ETHICS IN GOVERNMENT ACT OF 1978. 

7 (a) CONTENTS OF REPORTS.—Section 102 of the Eth8 ics in Government Act of 1978 (5 U.S.C. App.) is amend9 ed— 

10 (1) in subsection (a)— 

11 (A) in paragraph (2)(A), by inserting ‘‘(or 

12 the domestic partner or a parent, child, or sib13 ling of the domestic partner)’’ after ‘‘relative’’; 

14 (B) in paragraph (3), by striking ‘‘spouse, 

15 or by a parent, brother, sister, or child of the re16 porting individual or of the reporting individ17 ual’s spouse,’’ and inserting ‘‘spouse (or domestic 

18 partner), or by a parent, brother, sister, or child 

19 of the reporting individual or of the reporting 

20 individual’s spouse (or of the reporting individ21 ual’s domestic partner),’’; 

22 (C) in paragraph (4)— 

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘spouse, or a parent, 

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1 dividual or of the reporting individual’s 

2 spouse,’’ and inserting ‘‘spouse (or domestic 

3 partner), or a parent, brother, sister, or 

4 child of the reporting individual or of the 

5 reporting individual’s spouse (or of the re6 porting individual’s domestic partner),’’; 

7 and 

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

9 ‘‘(or domestic partner)’’ after ‘‘spouse’’; and 

10 (D) in paragraph (5), by inserting ‘‘(or do11 mestic partner)’’ after ‘‘spouse’’ each place that 

12 term appears; 

13 (2) in subsection (e)— 

14 (A) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A) and subparagraphs (A), (B), (C), 

17 and (D) by inserting ‘‘(or domestic part18 ner)’’ after ‘‘spouse’’ each place that term 

19 appears; 

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

21 ‘‘(or domestic partner’s)’’ after ‘‘spouse’s’’; 

22 (iii) in subparagraph (F)— 

23 (I) by inserting ‘‘(and domestic 

24 partners)’’ after ‘‘spouses’’; and 

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1 (II) by inserting ‘‘(or domestic 

2 partner)’’ after ‘‘spouse’’; and 

3 (iv) in the matter following subpara4 graph (F), by inserting ‘‘(or domestic part5 ner)’’ after ‘‘spouse’’; and 

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

7 termination of the reporting individual’s domes8 tic partnership)’’ after ‘‘his spouse’’; and 

9 (3) in subsection (f), by inserting ‘‘(or domestic 

10 partner)’’ after ‘‘spouse’’ each place that term ap11 pears. 

12 (b) DEFINITIONS RELATING TO FINANCIAL DISCLO13 SURE.— 

14 (1) IN GENERAL.—Section 109 of the Ethics in 

15 Government Act of 1978 (5 U.S.C. App.) is amend16 ed— 

17 (A) in paragraph (2)— 

18 (i) in the matter preceding subpara19 graph (A), by inserting ‘‘(or who is a son 

20 or daughter of the reporting individual’s do21 mestic partner)’’ after ‘‘stepdaughter’’; 

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

23 ‘‘unmarried’’ and inserting ‘‘not married 

24 (and not in a domestic partnership)’’; and 

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

2 ‘‘(or, in the case of a son or daughter of the 

3 reporting individual’s domestic partner, 

4 would be a dependent within the meaning of 

5 such section if the requirements of sub6 sections (c)(1)(A) and (d)(1)(A) of such sec7 tion were disregarded)’’ before the semi8 colon; 

9 (B) by redesignating paragraphs (4) 

10 through (19) as paragraphs (5) through (20), re11 spectively; and 

12 (C) by inserting after paragraph (3) the fol13 lowing: 

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

16 title 5, United States Code.’’. 

17 (2) TECHNICAL AND CONFORMING AMEND18 MENTS.— 

19 (A) ETHICS IN GOVERNMENT ACT OF 1978.— 

20 The Ethics in Government Act of 1978 (5 U.S.C. 

21 App.) is amended— 

22 (i) in section 101(f)— 

23 (I) in paragraph (9), by striking 

24 ‘‘section 109(12)’’ and inserting ‘‘sec25 tion 109(13)’’; 

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1 (II) in paragraph (10), by strik2 ing ‘‘section 109(13)’’ and inserting 

3 ‘‘section 109(14)’’; 

4 (III) in paragraph (11), by strik5 ing ‘‘section 109(10)’’ and inserting 

6 ‘‘section 109(11)’’; and 

7 (IV) in paragraph (12), by strik8 ing ‘‘section 109(8)’’ and inserting 

9 ‘‘section 109(9)’’; and 

10 (ii) in section 105(b)(3)(A), by striking 

11 ‘‘section 109(8) or 109(10)’’ and inserting 

12 ‘‘section 109(9) or (11)’’. 

13 (B) OTHER PROVISIONS.— 

14 (i) LOBBYING DISCLOSURE ACT OF

15 1995.—Section 3(4)(D) of the Lobbying Dis16 closure Act of 1995 (2 U.S.C. 1602(4)(D)) is 

17 amended by striking ‘‘section 109(13)’’ and 

18 inserting ‘‘section 109(14)’’. 

19 (ii) PUBLIC HEALTH SERVICE ACT.— 

20 Section 499(j)(2) of the Public Health Serv21 ice Act (42 U.S.C. 290b(j)(2)) is amended 

22 by striking ‘‘section 109(16)’’ and inserting 

23 ‘‘section 109(17)’’. 

24 (c) OUTSIDE EARNED INCOME LIMITATION.—Section 

25 501(c) of the Ethics in Government Act of 1978 (5 U.S.C. 

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1 App.) is amended by striking ‘‘spouse, child, or dependent 

2 relative of such individual’’ and inserting ‘‘spouse (or do3 mestic partner), child, or dependent relative of such indi4 vidual (or child, sibling, or parent of such individual’s do5 mestic partner, which child, sibling, or parent is a depend6 ent of such individual)’’. 

7 (d) DEFINITIONS RELATING TO OUTSIDE EARNED IN8 COME AND EMPLOYMENT.—Section 505 of the Ethics in 

9 Government Act of 1978 (5 U.S.C. App.) is amended— 

10 (1) in paragraph (3), by inserting ‘‘(or the indi11 vidual’s domestic partner, or a parent, child, or sib12 ling of the individual’s domestic partner)’’ after ‘‘rel13 ative’’; and 

14 (2) in paragraph (4), by inserting ‘‘(or the do15 mestic partner, or a parent, child, or sibling of the 

16 domestic partner)’’ after ‘‘relative’’. 

17 SEC. 802. CONFLICTS OF INTEREST. 

18 (a) COMPENSATION TO MEMBERS OF CONGRESS, OFFI19 CERS, AND OTHERS IN MATTERS AFFECTING THE GOVERN20 MENT.—Section 203(d) of title 18, United States Code, is 

21 amended in the matter preceding paragraph (1) by insert22 ing ‘‘(or domestic partner, as that term is defined in section 

23 2501 of title 5)’’ after ‘‘spouse’’. 

24 (b) ACTIVITIES OF OFFICERS AND EMPLOYEES IN

25 CLAIMS AGAINST AND OTHER MATTERS AFFECTING THE

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1 GOVERNMENT.—Section 205(e) of title 18, United States 

2 Code, is amended in the matter preceding paragraph (1) 

3 by inserting ‘‘(or domestic partner, as that term is defined 

4 in section 2501 of title 5)’’ after ‘‘spouse’’. 

5 (c) ACTS AFFECTING A PERSONAL FINANCIAL INTER6 EST.—Section 208(a) of title 18, United States Code, is 

7 amended by inserting ‘‘(or domestic partner, as that term 

8 is defined in section 2501 of title 5)’’ after ‘‘spouse’’. 

9 SEC. 803. EMPLOYMENT OF RELATIVES, RESTRICTIONS. 

10 Section 3110 is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (2), by striking ‘‘and’’ at 

13 the end; 

14 (B) in paragraph (3), by striking the period 

15 and inserting ‘‘; and’’; and 

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

17 ‘‘(4) ‘domestic partner’ has the meaning given 

18 under section 2501.’’; and 

19 (2) in subsection (b), by inserting ‘‘The restric20 tions in this subsection shall apply also to a public 

21 official with respect to any individual, and to any in22 dividual with respect to a public official, if the indi23 vidual is the public official’s domestic partner; is a 

24 parent, child, or sibling of the public official’s domesmstockstill on DSKH9S0YB1PROD with BILLS

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1 tic partner; or is the domestic partner of a child, par2 ent, or sibling of the public official.’’ at the end. 

3 SEC. 804. RECEIPT AND DISPOSITION OF FOREIGN GIFTS 

4 AND DECORATIONS. 

5 Section 7342(a)(1) is amended— 

6 (1) in paragraph (1)(G), by inserting ‘‘(or do7 mestic partner)’’ after ‘‘spouse’’ each place it appears; 

8 (2) in paragraph (5), by striking ‘‘and’’ at the 

9 end; 

10 (3) in paragraph (6), by striking the period at 

11 the end and inserting ‘‘; and’’; and 

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

13 ‘‘(7) ‘domestic partner’ has the same meaning 

14 given under section 2501.’’. 

15 SEC. 805. REGULATION OF CONDUCT; GIFTS. 

16 (a) IN GENERAL.—Regulations under section 7301 of 

17 title 5, United States Code, shall be modified by the Presi18 dent, and regulations under sections 7351 and 7353 of that 

19 title shall be modified by the Office of Government Ethics, 

20 so as to provide that any benefits and obligations applicable 

21 to married employees and their spouses shall also apply to 

22 employees in domestic partnerships and their domestic 

23 partners. 

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1 (b) DEFINITION.—In this section, the term ‘‘domestic 

2 partner’’ has the meaning given under section 2501 of title 

3 5, United States Code. 

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Calendar No. 704 

111TH CONGRESS 

2D SESSION S. 1102 

[Report No. 111–376] 

A BILL 

To provide benefits to domestic partners of Federal 

employees. 

DECEMBER 17, 2010 

Reported with an amendment 

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