nership with such employee or Member imme-
diately before the marriage to such employee or 
Member, and the combined duration of the do-
mestic partnership and marriage was at least 9 
months; or 
‘‘(C) is the mother of issue by the mar-
riage referred to in subparagraph (A) or (B), as 
the case may be; 
‘‘(2) ‘widower’ means the surviving husband of 
an employee or Member who— 
‘‘(A) was married to such employee or 
Member for at least 9 months immediately be-
fore the death of such employee or Member; 
‘‘(B) was married to such employee or 
Member immediately before the death of such 
employee or Member, was in a domestic part-
nership with such employee or Member imme-
diately before the marriage to such employee or 
Member, and the combined duration of the do-
mestic partnership and marriage was at least 9 
months; or 
‘‘(C) is the father of issue by the marriage 
referred to in subparagraph (A) or (B), as the 
case may be;’’; 
VerDate Mar 15 2010 
04:35 Sep 26, 2013
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3135.IH
H3135
emcdonald on DSK67QTVN1PROD with BILLS
(B) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; 
(C) by inserting after paragraph (2) the 
following: 
‘‘(3) ‘surviving partner’ means the surviving do-
mestic partner of an employee or Member who— 
‘‘(A) was in a domestic partnership with 
such employee or Member for at least 9 months 
immediately before the death of such employee 
or Member; or 
‘‘(B) satisfies such other requirement, 
based on parenthood, as the Office of Personnel 
Management shall by regulation prescribe based 
on the definition of a widow or widower under 
this section;’’; and 
(D) in paragraph (5) (as so redesignated 
by subparagraph (B))— 
(i) in subparagraph (A), by inserting 
‘‘(or surviving domestic partner)’’ after 
‘‘the surviving spouse’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘The Office shall prescribe regula-
tions to provide that, for purposes of ap-
plying 
the 
provisions 
of 
paragraph 
(5)(A)(ii) (relating to the treatment of a 
VerDate Mar 15 2010 
23:16 Sep 24, 2013
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3135.IH
H3135
emcdonald on DSK67QTVN1PROD with BILLS
stepchild) in the case of a domestic part-
nership, rules similar to those prescribed to 
carry out section 8901(5)(B) in similar cir-
cumstances shall apply.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘widow or widower’’ 
each place it appears and inserting ‘‘widow 
or widower (or surviving partner)’’; and 
(ii) by striking ‘‘remarriage,’’ and in-
serting ‘‘remarriage (or entry into a subse-
quent domestic partnership)’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘widow or widower’’ 
each place it appears and inserting ‘‘widow 
or widower (or surviving partner)’’; and 
(ii) by inserting ‘‘(or in a domestic 
partnership with)’’ after ‘‘married to’’; 
(C) in paragraph (3)— 
(i) in the matter before subparagraph 
(A), by inserting ‘‘(or domestic partner)’’ 
after ‘‘spouse’’; 
(ii) by striking ‘‘widow or widower’’ 
each place it appears and inserting ‘‘widow 
or widower (or surviving partner)’’; and 
VerDate Mar 15 2010 
23:16 Sep 24, 2013
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3135.IH
H3135
emcdonald on DSK67QTVN1PROD with BILLS
(iii) in subparagraph (B), by inserting 
‘‘(or enters into a subsequent domestic 
partnership)’’ after ‘‘remarries’’; and 
(D) in paragraph (4)— 
(i) by striking ‘‘widow or widower’’ 
each place it appears and inserting ‘‘widow 
or widower (or surviving partner)’’; and 
(ii) in subparagraph (B), by inserting 
‘‘(or former domestic partner)’’ after 
‘‘former spouse’’; 
(3) in subsection (d)— 
(A) by striking ‘‘widow or widower’’ each 
place it appears and inserting ‘‘widow or wid-
ower (or surviving partner)’’; 
(B) in subparagraph (B), by inserting ‘‘(or 
former 
domestic 
partner)’’ 
after 
‘‘former 
spouse’’; and 
(C) in clause (ii), by inserting ‘‘(or enters 
into a subsequent domestic partnership)’’ after 
‘‘remarries’’; 
(4) in subsection (e)— 
(A) by striking the matter before para-
graph (2) and inserting the following: 
‘‘(e)(1) For the purposes of this subsection— 
VerDate Mar 15 2010 
23:16 Sep 24, 2013
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3135.IH
H3135
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(A) the term ‘former spouse’ includes a former 
spouse who was married to an employee or Member 
for less than 9 months and a former spouse of an 
employee or Member who completed less than 18 
months of service covered by this subchapter; and 
‘‘(B) the term ‘former domestic partner’ in-
cludes a former domestic partner who was in a do-
mestic partnership with an employee or Member for 
less than 9 months and a former domestic partner 
of an employee or Member who completed less than 
18 months of service covered by this subchapter.’’; 
(B) in paragraph (2), by striking ‘‘a 
spouse or a former spouse’’ each place it ap-
pears and inserting ‘‘a spouse or former spouse 
(or a domestic partner or former domestic part-
ner)’’; 
(C) in paragraph (3)— 
(i) in subparagraph (E), by striking 
‘‘dies or marries;’’ and inserting ‘‘dies, 
marries, or enters into a domestic partner-
ship;’’; and 
(ii) in the matter following subpara-
graph (E)— 
VerDate Mar 15 2010 
23:16 Sep 24, 2013
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3135.IH
H3135
emcdonald on DSK67QTVN1PROD with BILLS
(I) by inserting ‘‘(or domestic 
partner or former domestic partner)’’ 
after ‘‘spouse or former spouse’’; and 
(II) by striking ‘‘spouse, former 
spouse, 
or 
child’’ 
and 
inserting 
‘‘spouse or former spouse (or domestic 
partner or former domestic partner) 
or child,’’; and 
(D) in paragraph (4), by striking ‘‘mar-
riage, then, if such marriage’’ and inserting 
‘‘marriage, then, if such marriage (or a domes-
tic partnership, then, if such domestic partner-
ship)’’; 
(5) by striking subsection (f) and inserting the 
following: 
‘‘(f) If a Member heretofore or hereafter separated 
from the service with title to deferred annuity from the 
Fund hereafter dies before having established a valid claim 
for annuity and is survived by a spouse to whom married 
(or a domestic partner to whom in a domestic partnership) 
at the date of separation, the surviving spouse (or sur-
viving partner)— 
‘‘(1) is entitled to an annuity equal to 55 per-
cent of the deferred annuity of the Member com-
mencing on the day after the Member dies and ter-
VerDate Mar 15 2010 
23:16 Sep 24, 2013
Jkt 029200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3135.IH
H3135
emcdonald on DSK67QTVN1PROD with BILLS
minating on the last day of the month before the 
surviving spouse dies or remarries (or the surviving 
domestic partner dies or enters into a subsequent 
domestic partnership); or 
‘‘(2) may elect to receive the lump-sum credit 
instead of annuity if the spouse (or domestic part-
ner) is the individual who would be entitled to the 
lump-sum credit and files application therefor with 
the Office before the award of the annuity. 
Notwithstanding the preceding sentence, an annuity pay-
able under this subsection to the surviving spouse (or sur-
viving domestic partner) of a Member may not exceed the 
difference between— 
‘‘(A) the annuity which would otherwise be pay-
able to such surviving spouse (or such surviving do-
mestic partner) under this subsection, and 
‘‘(B) the amount of the survivor annuity pay-
able to any former spouse (or any former domestic 
partner) of such Member under subsection (h).’’; 
(6) by striking subsection (g) and inserting the 
following: 
‘‘(g) In the case of a surviving spouse (or surviving 
domestic partner) whose annuity under this section is ter-
minated because of remarriage (or entry into a subsequent 
domestic partnership) before becoming 55 years of age, 
VerDate Mar 15 2010 
04:35 Sep 26, 2013
Jkt 029200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3135.IH
H3135
emcdonald on DSK67QTVN1PROD with BILLS
annuity at the same rate shall be restored commencing 
on the day the remarriage (or subsequent domestic part-
nership) is dissolved by death, annulment, or divorce (or 
terminated), if— 
‘‘(1) the surviving spouse (or surviving domestic 
partner) elects to receive this annuity instead of a 
survivor benefit to which he may be entitled, under 
this subchapter or another retirement system for 
Government employees, by reason of the remarriage 
(or subsequent domestic partnership); and 
‘‘(2) any lump sum paid on termination of the 
annuity is returned to the Fund.’’; 
(7) by striking subsection (h) and inserting the 
following: 
‘‘(h)(1) Subject to paragraphs (2) through (5), a 
former spouse (or former domestic partner) of a deceased 
employee, Member, annuitant, or former Member who was 
separated from the service with title to a deferred annuity 
under section 8338(b) is entitled to a survivor annuity 
under this subsection, if and to the extent expressly pro-
vided for in an election under section 8339(j)(3), or in 
the terms of any decree of divorce or annulment or any 
court order or court-approved property settlement agree-
ment incident to such decree. 
VerDate Mar 15 2010 
04:35 Sep 26, 2013
Jkt 029200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3135.IH
H3135
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(2)(A) The annuity payable to a former spouse (or 
former domestic partner) under this subsection may not 
exceed the difference between— 
‘‘(i) the amount applicable in the case of such 
former spouse (or former domestic partner), as de-
termined under subparagraph (B), and 
‘‘(ii) the amount of any annuity payable under 
this subsection to any other former spouse (or 
former domestic partner) of the employee, Member, 
or annuitant, based on an election previously made 
under section 8339(j)(3), or a court order previously 
issued. 
‘‘(B) The applicable amount, for purposes of sub-
paragraph (A)(i) in the case of a former spouse (or former 
domestic partner), is the amount which would be applica-
ble— 
‘‘(i) under subsection (b)(4)(A) in the case of a 
widow or widower (or surviving partner), if the de-
ceased was an employee or Member who died after 
retirement; 
‘‘(ii) under subparagraph (A) of subsection (d) 
in the case of a widow or widower (or surviving part-
ner), if the deceased was an employee or Member de-
scribed in the first sentence of such subsection; or 
VerDate Mar 15 2010 
04:35 Sep 26, 2013
Jkt 029200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3135.IH
H3135
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(iii) under subparagraph (A) of subsection (f) 
in the case of a surviving spouse (or surviving do-
mestic partner), if the deceased was a Member de-
scribed in the first sentence of such subsection. 
‘‘(3) The commencement and termination of an annu-
ity payable under this subsection shall be governed by the 
terms of the applicable order, decree, agreement, or elec-
tion, as the case may be, except that any such annuity— 
‘‘(A) shall not commence before— 
‘‘(i) the day after the employee, Member, 
or annuitant dies, or 
‘‘(ii) the first day of the second month be-
ginning after the date on which the Office re-
ceives written notice of the order, decree, agree-
ment, or election, as the case may be, together 
with such additional information or documenta-
tion as the Office may prescribe, 
whichever is later, and 
‘‘(B) shall terminate— 
‘‘(i) except as provided in subsection (k), 
in the case of an annuity computed by reference 
to clause (i) or (ii) of paragraph (2)(B), no 
later than the last day of the month before the 
former spouse remarries (or former domestic 
partner enters into a subsequent domestic part-
VerDate Mar 15 2010 
04:35 Sep 26, 2013
Jkt 029200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3135.IH
H3135
emcdonald on DSK67QTVN1PROD with BILLS
(A) by inserting ‘‘(or in a domestic part-
nership)’’ after ‘‘married’’ each place it ap-
pears; 
(B) by inserting ‘‘(or domestic partner)’’ 
after ‘‘spouse’’ each place it appears; and 
(C) by inserting ‘‘(or domestic partner’s)’’ 
after ‘‘spouse’s’’ each place it appears; 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b)(1) Upon remarriage (or entry into a subsequent 
domestic partnership), a retired employee or Member who 
was married (or in a domestic partnership) at the time 
of retirement, including an employee or Member whose an-
nuity was not reduced to provide a survivor annuity for 
the employee’s or Member’s spouse or former spouse (or 
domestic partner or former domestic partner) as of the 
time of retirement, may irrevocably elect during such mar-
riage (or domestic partnership), in a signed writing re-
ceived by the Office— 
‘‘(A) within 2 years after such remarriage (or 
entry into a subsequent domestic partnership), or 
‘‘(B) if later, within 2 years after— 
‘‘(i) the death or remarriage of any former 
spouse (or the death of or entry into a subse-
quent domestic partnership by any former do-
VerDate Mar 15 2010 
04:35 Sep 26, 2013
Jkt 029200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3135.IH
H3135
emcdonald on DSK67QTVN1PROD with BILLS