IB 
Union Calendar No. 239 
111TH CONGRESS 
2D SESSION 
H. R. 2517 
[Report No. 111–400, Part I] 
To provide certain benefits to domestic partners of Federal employees. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2009 
Ms. BALDWIN (for herself, Ms. ROS-LEHTINEN, Mr. BERMAN, Mr. CAPUANO, 
Mr. ELLISON, Mr. ENGEL, Ms. HARMAN, Mr. HOLT, Mr. KENNEDY, Mr. 
LANGEVIN, Mrs. MALONEY, Ms. MATSUI, Ms. MCCOLLUM, Mr. 
MCDERMOTT, Ms. MOORE of Wisconsin, Mr. MORAN of Virginia, Mr. 
NADLER of New York, Ms. NORTON, Ms. SCHAKOWSKY, Mr. SERRANO, 
Mr. SHERMAN, Ms. SUTTON, Mr. TIERNEY, Ms. WASSERMAN SCHULTZ, 
Mr. WU, Mr. CUMMINGS, Mr. KUCINICH, Ms. VELA´ZQUEZ, Mr. WAXMAN, 
Ms. BERKLEY, Mrs. CAPPS, Mr. MOORE of Kansas, Mr. WEINER, Mr. 
CONNOLLY of Virginia, Mr. HASTINGS of Florida, Mr. PASTOR of Ari-
zona, Mr. WELCH, Ms. WOOLSEY, Mr. MCGOVERN, Ms. ZOE LOFGREN 
of California, Mrs. DAVIS of California, Mr. GRIJALVA, Ms. KILPATRICK 
of Michigan, Mr. STARK, Mr. DINGELL, Mr. GEORGE MILLER of Cali-
fornia, Mr. SARBANES, Mr. ROTHMAN of New Jersey, Mr. CROWLEY, Mr. 
WEXLER, Mr. FARR, Ms. LINDA T. SA´NCHEZ of California, Mr. CARSON 
of Indiana, Ms. DEGETTE, Mr. DELAHUNT, Mr. JACKSON of Illinois, Mr. 
MICHAUD, Mrs. LOWEY, Ms. ESHOO, Mr. GUTIERREZ, Mr. POLIS of Col-
orado, Mr. ACKERMAN, Mr. FILNER, Mr. CLYBURN, and Mr. QUIGLEY) 
introduced the following bill; which was referred to the Committee on 
Oversight and Government Reform, and in addition to the Committees 
on House Administration and the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
JANUARY 22, 2010 
Reported from the Committee on Oversight and Government Reform with an 
amendment 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
[Strike out all after the enacting clause and insert the part printed in italic] 
JANUARY 22, 2010 
Referral to the Committees on House Administration and the Judiciary 
extended for a period ending not later than January 29, 2010 
JANUARY 29, 2010 
Additional sponsors: Ms. CLARKE, Mr. HINCHEY, Mr. ISRAEL, Mr. MEEK of 
Florida, Mr. LARSON of Connecticut, Mr. SESTAK, Mr. DEFAZIO, Mr. 
FRANK of Massachusetts, Mr. ABERCROMBIE, Mr. PALLONE, Ms. KIL-
ROY, Mr. JOHNSON
of Georgia, Mr. HARE, Ms. SCHWARTZ, Mr. 
BLUMENAUER, Mr. VAN HOLLEN, Ms. DELAURO, Mr. BAIRD, Mr. 
COHEN, Mr. ADLER of New Jersey, Ms. EDWARDS of Maryland, Mr. 
BISHOP of New York, Mr. GONZALEZ, Mr. DOGGETT, Mr. HODES, Mr. 
LARSEN of Washington, Ms. HIRONO, Mr. INSLEE, Ms. WATSON, Mr. 
HONDA, Mr. YARMUTH, Mr. ANDREWS, Ms. FUDGE, Mr. LEVIN, Mr. 
BECERRA, Ms. LORETTA SANCHEZ of California, Mr. BRALEY of Iowa, 
Mr. LOEBSACK, Mr. WALZ, Mr. MASSA, Mr. SIRES, Ms. LEE of Cali-
fornia, Mr. MCMAHON, Mr. MURPHY of Connecticut, Mr. SCOTT of Vir-
ginia, Mr. MAFFEI, Ms. GIFFORDS, Ms. PINGREE of Maine, Mr. PETERS, 
Ms. TSONGAS, Mr. OLVER, Ms. SPEIER, Mr. LEWIS of Georgia, Mr. 
TONKO, Mr. DOYLE, Ms. CHU, Ms. JACKSON LEE of Texas, Mr. PRICE 
of North Carolina, Mr. RYAN
of Ohio, Mr. COURTNEY, Mrs. 
NAPOLITANO, Mr. CLAY, Mr. PIERLUISI, Mr. BACA, Mr. RUSH, Mr. 
SMITH of Washington, Mr. HALL of New York, Mr. PAYNE, Mr. DAVIS 
of Illinois, Mr. LUJA´N, Ms. TITUS, Ms. WATERS, Mr. SCHIFF, Mr. 
PERLMUTTER, Ms. SHEA-PORTER, and Ms. ROYBAL-ALLARD 
JANUARY 29, 2010 
The Committees on House Administration and the Judiciary discharged; com-
mitted to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on May 20, 2009] 
A BILL 
To provide certain benefits to domestic partners of Federal 
employees. 
VerDate Nov 24 2008 
22:18 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON-
TENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Do-
mestic Partnership Benefits and Obligations Act of 2009’’. 
(b) REFERENCES.—Except as otherwise expressly pro-
vided, whenever in this Act an amendment or repeal is ex-
pressed in terms of an amendment to, or a repeal of, a sec-
tion or other provision, the reference shall be considered to 
be made to a section or other provision of title 5, United 
States Code. 
(c) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; references; table of contents. 
TITLE I—DOMESTIC PARTNERSHIPS 
Sec. 101. Domestic partnerships. 
TITLE II—CIVIL SERVICE RETIREMENT SYSTEM 
Sec. 201. Definitions. 
Sec. 202. Creditable service. 
Sec. 203. Computation of annuity. 
Sec. 204. Cost-of-living adjustment of annuities. 
Sec. 205. Survivor annuities. 
Sec. 206. Lump-sum benefits; designation of beneficiary; order of precedence. 
Sec. 207. Alternative forms of annuities. 
Sec. 208. Administration; regulations. 
Sec. 209. Participation in the Thrift Savings Plan. 
TITLE III—FEDERAL EMPLOYEES’ RETIREMENT SYSTEM 
Sec. 301. Definitions. 
Sec. 302. Creditable service. 
Sec. 303. Survivor reduction for a current spouse or a current domestic partner. 
Sec. 304. Survivor reduction for a former spouse or former domestic partner. 
Sec. 305. Survivor elections; deposit; offsets. 
Sec. 306. Survivor reductions; computation. 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6213
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
Sec. 307. Insurable interest reductions. 
Sec. 308. Alternative forms of annuities. 
Sec. 309. Lump-sum benefits; designation of beneficiary; order of precedence. 
Sec. 310. Annuities: methods of payment; election; purchase. 
Sec. 311. Protections for spouses, domestic partners, former spouses, and former 
domestic partners. 
Sec. 312. Justices and judges. 
Sec. 313. Survivor annuities: definitions. 
Sec. 314. Rights of a widow, widower, or surviving partner. 
Sec. 315. Rights of a former spouse or former domestic partner. 
Sec. 316. Authority of the Office of Personnel Management. 
Sec. 317. Cost-of-living adjustments. 
Sec. 318. Fiduciary responsibilities; liability and penalties. 
TITLE IV—INSURANCE BENEFITS 
Sec. 401. Life insurance. 
Sec. 402. Health insurance. 
Sec. 403. Enhanced dental benefits. 
Sec. 404. Enhanced vision benefits. 
Sec. 405. Long-term care insurance. 
TITLE V—TRAVEL, TRANSPORTATION, AND SUBSISTENCE 
Sec. 501. Reimbursement for taxes incurred on money received for travel expenses. 
Sec. 502. Relocation expenses of employees transferred or reemployed. 
Sec. 503. Taxes on reimbursements for travel, transportation, and relocation ex-
penses of employees transferred. 
Sec. 504. Relocation expenses of an employee who is performing an extended as-
signment. 
TITLE VI—COMPENSATION FOR WORK INJURIES 
Sec. 601. Definitions. 
Sec. 602. Death gratuity for injuries incurred in connection with employee’s serv-
ice with an Armed Force. 
Sec. 603. Beneficiaries of awards unpaid at death; order of precedence. 
Sec. 604. Augmented compensation for dependents. 
Sec. 605. Limitations on right to receive compensation. 
Sec. 606. Compensation in case of death. 
Sec. 607. Lump-sum payment. 
Sec. 608. Regulations. 
Sec. 609. Effective date. 
TITLE VII—PROVISIONS RELATING TO EMPLOYMENT OF RELATIVES 
AND OTHER MATTERS 
Sec. 701. Employment of relatives; restrictions. 
Sec. 702. Settlement of accounts. 
Sec. 703. Benefits for captives. 
Sec. 704. Compensation for disability or death. 
Sec. 705. Family and medical leave. 
TITLE VIII—ADDITIONAL PROVISIONS 
Sec. 801. Applicability. 
Sec. 802. Regulations. 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6213
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
TITLE IX—AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 
1978 
Sec. 901. Amendment to the Ethics in Government Act of 1978. 
TITLE X—REPORTING REQUIREMENTS 
Sec. 1001. Report of the president. 
Sec. 1002. GAO report. 
TITLE I—DOMESTIC 
PARTNERSHIPS 
SEC. 101. DOMESTIC PARTNERSHIPS. 
(a) IN GENERAL.—Chapter 21 is amended by adding 
at the end the following: 
‘‘§ 2110. Domestic partnerships 
‘‘(a) ESTABLISHMENT.—To establish the existence of a 
domestic partnership, between an employee, former em-
ployee, or annuitant and another individual, for purposes 
of the provisions of law to which this section applies, the 
employee, former employee, or annuitant (as the case may 
be) shall be required to file an affidavit, in such form and 
manner as the Office of Personnel Management shall by reg-
ulation prescribe, attesting to the following: 
‘‘(1) Both individuals are members of the same 
sex. 
‘‘(2) Both individuals are at least 18 years of 
age and competent to contract. 
‘‘(3) The filing employee, former employee, or 
annuitant (as the case may be) has notified the other 
individual of the filing of the affidavit attesting that 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
their partnership satisfies the requirements of this 
subsection. 
‘‘(4) Such individuals are in a domestic partner-
ship with one another and intend to remain so indefi-
nitely. 
‘‘(5) Such individuals— 
‘‘(A) have a common residence; or 
‘‘(B) do not have a common residence be-
cause of financial, employment-related, or other 
reasons, as identified in the affidavit. 
‘‘(6) Neither individual is married to or in a do-
mestic partnership with anyone outside of the domes-
tic partnership referred to in paragraph (4). 
‘‘(7) The 2 individuals share responsibility for a 
significant measure of each other’s common welfare 
and financial obligations. 
‘‘(8) The 2 individuals are not related in a way 
that, if they were of the opposite sex, would prohibit 
legal marriage in the jurisdiction in which either in-
dividual resides. 
‘‘(9) The filing employee, former employee, or 
annuitant (as the case may be) understands that will-
ful falsification of information set forth in the affi-
davit or failure to provide appropriate notification of 
the termination of the domestic partnership may lead 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
to the recovery of amounts obtained as a result of 
such falsification or failure (as the case may be), 
criminal or other penalties, and (in appropriate 
cases) disciplinary action. 
An affidavit shall not be effective for purposes of this section 
unless the filing individual is an employee, former em-
ployee, or annuitant as of the time of filing. No 2 individ-
uals shall, for purposes of the provisions of law to which 
this section applies, be treated as being in a domestic part-
nership with one another unless there is in effect, in accord-
ance with regulations prescribed by the Office, an affidavit 
filed in accordance with the preceding provisions of this 
subsection. An affidavit so filed shall remain in effect until 
the earlier of the date of the death of either individual or 
the date as of which the domestic partnership is otherwise 
terminated, as determined under such regulations. 
‘‘(b) DOMESTIC PARTNER.—For purposes of the provi-
sions of law to which this section applies, the term ‘domestic 
partner’ means an individual who is in a domestic partner-
ship, as described in subsection (a). 
‘‘(c) EMPLOYEE DEFINED.—For purposes of this sec-
tion, the term ‘employee’ means an employee as defined by 
section 2105, an employee of a nonappropriated fund in-
strumentality of the Department of Defense or the Coast 
Guard (as described in section 2105(c)), an employee of the 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
United States Postal Service or of the Postal Regulatory 
Commission (as described in section 2105(e)), a Member of 
Congress, a member of the commissioned corps of the Public 
Health Service, a member of the commissioned corps of the 
National Oceanic and Atmospheric Administration, and 
any other individual who is employed by the Government 
(as determined under regulations of the President or a des-
ignee thereof), but does not include a technician (within the 
meaning of section 8337(h) or, notwithstanding any provi-
sion of chapter 43 of title 38, a member of the armed forces. 
‘‘(d) ANNUITANT DEFINED.—For purposes of this sec-
tion, the term ‘annuitant’ means— 
‘‘(1) an annuitant within the meaning of section 
8331 or 8401; and 
‘‘(2) as determined under regulations prescribed 
by the President or a designee thereof, any other indi-
vidual who is entitled to benefits (based on the service 
of such individual) under a retirement system for em-
ployees of the Government. 
‘‘(e) CONFIDENTIALITY.—No individual may— 
‘‘(1) use the information obtained under sub-
section (a) for any purpose other than the adminis-
tration of any provision of law to which this section 
applies; or 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(2) furnish any information obtained under 
subsection (a) to anyone, or permit anyone to exam-
ine or otherwise gain access to any such information, 
except for— 
‘‘(A) an individual who needs such infor-
mation for a purpose that satisfies paragraph 
(1); or 
‘‘(B) a member of the domestic partnership 
to which the information pertains or an author-
ized representative thereof. 
‘‘(f) APPLICABILITY.—This section applies for pur-
poses of the provisions of this title (excluding chapter 81) 
and any provision of law identified in or under title VIII 
of the Domestic Partnership Benefits and Obligations Act 
of 2009.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 21 is amended by adding at the end the following: 
‘‘2110. Domestic partnerships.’’. 
TITLE II—CIVIL SERVICE 
RETIREMENT SYSTEM 
SEC. 201. DEFINITIONS. 
Section 8331 is amended— 
(1) in paragraph (30), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (31), by striking the period 
and inserting ‘‘; and’’; and 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(3) by adding at the end the following: 
‘‘(32) ‘former domestic partner’ means a former 
domestic partner of an individual— 
‘‘(A) if such individual performed at least 
18 months of civilian service as an employee or 
Member; and 
‘‘(B) if the former domestic partner was in 
a domestic partnership with such individual for 
at least 9 months.’’. 
SEC. 202. CREDITABLE SERVICE. 
Section 8332 is amended— 
(1) in subsection (c)(3)(C)(ii), by striking 
‘‘former spouse.’’ and inserting ‘‘former spouse or 
former domestic partner.’’; and 
(2) in paragraphs (4) and (5) of subsection (o), 
by striking ‘‘spouse’’ each place it appears and insert-
ing ‘‘spouse, domestic partner,’’. 
SEC. 203. COMPUTATION OF ANNUITY. 
Section 8339 is amended— 
(1) in subsection (j)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘(or domestic part-
ner)’’ after ‘‘the spouse’’ each place it ap-
pears; 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(ii) by inserting ‘‘(or has a domestic 
partner)’’ after ‘‘is married’’; and 
(iii) by inserting ‘‘(or domestic part-
ner’s)’’ after ‘‘the spouse’s’’ each place it ap-
pears; 
(B) in paragraph (2), by inserting ‘‘(or 
former domestic partner)’’ after ‘‘former spouse’’ 
each place it appears; 
(C) in paragraph (3)— 
(i) in the first sentence— 
(I) by inserting ‘‘(or former do-
mestic partner)’’ after ‘‘former spouse’’ 
each place it appears; and 
(II) by inserting ‘‘(or being in a 
domestic 
partnership 
with)’’ 
after 
‘‘based on marriage to’’; 
(ii) in the second sentence— 
(I) by inserting ‘‘(or the domestic 
partnership of the former domestic 
partner with)’’ after ‘‘the marriage of 
the former spouse to’’; and 
(II) by striking ‘‘is dissolved,’’ 
and inserting ‘‘is dissolved (or termi-
nated),’’; 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(iii) in the sixth sentence, by striking 
‘‘former spouse.’’ and inserting ‘‘former 
spouse (or former domestic partner).’’; 
(iv) in subparagraph (B)— 
(I) by striking ‘‘is then married,’’ 
and inserting ‘‘is then married (or is 
then in a domestic partnership),’’; and 
(II) by striking ‘‘the spouse’s 
written consent.’’ and inserting ‘‘the 
written consent of the spouse (or do-
mestic partner).’’; and 
(v) by amending the next to last sen-
tence to read as follows: ‘‘In the case of a 
retired employee or Member whose annuity 
is being reduced in order to provide a sur-
vivor annuity for a former spouse (or 
former domestic partner), an election to 
provide or increase a survivor annuity for 
any other former spouse (or any other 
former domestic partner), and to continue 
an appropriate reduction for that purpose, 
may be made within the same period that, 
and subject to the same conditions under 
which, an election could be made under 
paragraph (5)(B) for a current spouse (or a 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
current domestic partner), subject to the 
provisions of this paragraph relating to 
consent of a current spouse (or of a current 
domestic partner), if the retired employee or 
Member is then married (or in a domestic 
partnership).’’; and 
(D) by amending paragraph (5) to read as 
follows: 
‘‘(5)(A) Any reduction in an annuity for the purpose 
of providing a survivor annuity for the current spouse (or 
the current domestic partner) of a retired employee or Mem-
ber shall be terminated for each full month— 
‘‘(i) after the death of the spouse (or domestic 
partner), or 
‘‘(ii) after the dissolution of the marriage of the 
spouse (or the termination of the domestic partner-
ship of the domestic partner) to the employee or Mem-
ber, 
except that an appropriate reduction shall be made there-
after if the spouse (or domestic partner) is entitled, as a 
former spouse (or former domestic partner), to a survivor 
annuity under section 8341(h). 
‘‘(B) Any reduction in an annuity for the purpose of 
providing a survivor annuity for a former spouse (or a 
former domestic partner) of a retired employee or Member 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
shall be terminated for each full month after the former 
spouse remarries (or the former domestic partner enters into 
a subsequent domestic partnership) before reaching age 55 
or dies. This reduction shall be replaced by an appropriate 
reduction or reductions under paragraph (4) if the retired 
employee or Member has (i) another former spouse (or an-
other former domestic partner) who is entitled to a survivor 
annuity under section 8341(h), (ii) a current spouse to 
whom the employee or Member was married (or a current 
domestic partner with whom the employee or Member was 
in a domestic partnership) at the time of retirement and 
with respect to whom a survivor annuity was not jointly 
waived under paragraph (1), or (iii) a current spouse 
whom the employee or Member married (or a current do-
mestic partner with whom the employee or Member entered 
into domestic partnership) after retirement and with re-
spect to whom an election has been made under subpara-
graph (C) or subsection (k)(2). 
‘‘(C)(i) 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 annu-
ity was not reduced to provide a survivor annuity for the 
employee’s or Member’s spouse or former spouse (or domes-
tic partner or former domestic partner) as of the time of 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
retirement, may irrevocably elect during such marriage (or 
domestic partnership), in a signed writing received by the 
Office— 
‘‘(I) within 2 years after such remarriage (or 
such subsequent domestic partnership), or 
‘‘(II) if later, within 2 years after— 
‘‘(aa) the death or remarriage of any former 
spouse (or the death of or entry into a subsequent 
domestic partnership by any former domestic 
partner) of such employee or Member who was 
entitled to a survivor annuity under section 
8341(h), or 
‘‘(bb) if there was more than 1, the death or 
remarriage of the last such surviving former 
spouse (or the death of or entry into a subsequent 
domestic partnership by the last such surviving 
former domestic partner), 
a reduction in the employee’s or Member’s annuity under 
paragraph (4) for the purpose of providing an annuity for 
such employee’s or Member’s spouse (or domestic partner) 
in the event such spouse (or domestic partner) survives the 
employee or Member. 
‘‘(ii) Such election and reduction shall be effective the 
first day of the second month after the election is received 
by the Office, but not less than 9 months after the date of 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
the remarriage (or entry into the subsequent domestic part-
nership), and the retired employee or Member shall deposit 
in the Fund an amount determined by the Office of Per-
sonnel Management, as nearly as may be administratively 
feasible, to reflect the amount by which the annuity of such 
retired employee or Member would have been reduced if the 
election had been in effect since the date of retirement or, 
if later, the date the previous reduction in such retired em-
ployee’s or Member’s annuity was terminated under sub-
paragraph (A) or (B), plus interest. For the purposes of 
the preceding sentence, the annual rate of interest for each 
year during which an annuity would have been reduced if 
the election had been in effect on and after the applicable 
date referred to in such sentence shall be 6 percent. 
‘‘(iii) The Office shall, by regulation, provide for pay-
ment of the deposit required under clause (ii) by a reduction 
in the annuity of the employee or Member. The reduction 
shall, to the extent practicable, be designed so that the 
present value of the future reduction is actuarially equiva-
lent to the deposit required under clause (ii), except that 
total reductions in the annuity of an employee or Member 
to pay deposits required by the provisions of this paragraph 
or paragraph (3) shall not exceed 25 percent of the annuity 
computed under subsections (a) through (i), (n), (q), and 
(r), including adjustments under section 8340. The reduc-
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
tion required by this clause, which shall be effective on the 
same date as the election under clause (i), shall be perma-
nent and unaffected by any future dissolution of the mar-
riage (or termination of the domestic partnership). Such 
reduction shall be independent of and in addition to the 
reduction required under clause (i). 
‘‘(iv) Notwithstanding any other provision of this sub-
paragraph, an election under this subparagraph may not 
be made for the purpose of providing an annuity in the 
case of a spouse by remarriage (or a domestic partner by 
a subsequent domestic partnership) if such spouse was mar-
ried to (or if such domestic partner was in a domestic part-
nership with) the employee or Member at the time of such 
employee’s or Member’s retirement, and all rights to sur-
vivor benefits for such spouse (or domestic partner) under 
this subchapter based on marriage (or domestic partner-
ship) to such employee or Member were then waived under 
paragraph (1) or a similar prior provision of law. 
‘‘(v) An election to provide a survivor annuity to a 
person under this subparagraph— 
‘‘(I) shall prospectively void any election made 
by the employee or Member under subsection (k)(1) 
with respect to such person; or 
‘‘(II) shall, if an election was made by the em-
ployee or Member under such subsection (k)(1) with 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
respect to a different person, prospectively void such 
election if appropriate written application is made by 
such employee or Member at the time of making the 
election under this subparagraph. 
‘‘(vi) The deposit provisions of clauses (ii) and (iii) 
shall not apply if— 
‘‘(I) the employee or Member makes an election 
under this subparagraph after having made an elec-
tion under subsection (k)(1); and 
‘‘(II) the election under subsection (k)(1) becomes 
void under clause (v).’’; 
(2) in subsection (k)— 
(A) in paragraph (1)— 
(i) by striking ‘‘a married employee or 
Member’’ and inserting ‘‘an employee or 
Member who is married (or in a domestic 
partnership)’’; and 
(ii) by inserting ‘‘(or domestic part-
ner)’’ after ‘‘spouse’’ each place it appears; 
(B) in paragraph (2)— 
(i) by striking the matter before sub-
paragraph (B) and inserting the following: 
‘‘(2)(A) An employee or Member, who is unmarried 
(and not in a domestic partnership) at the time of retiring 
under a provision of law which permits election of a re-
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
duced annuity with a survivor annuity payable to such em-
ployee’s or Member’s spouse (or domestic partner) and who 
later marries (or enters into a domestic partnership), may 
irrevocably elect, in a signed writing received in the Of-
fice— 
‘‘(i) within 2 years after such employee or Mem-
ber marries (or enters into a domestic partnership), 
or 
‘‘(ii) if later, within 2 years after— 
‘‘(I) the death or remarriage of any former 
spouse (or the death of or entry into a subsequent 
domestic partnership by any former domestic 
partner) of such employee or Member who was 
entitled to a survivor annuity under section 
8341(h), or 
‘‘(II) if there was more than 1, the death (or 
entry into a subsequent domestic partnership) by 
the last such surviving former spouse (or sur-
viving former domestic partner), 
a reduction in the retired employee or Member’s current an-
nuity as provided in subsection (j).’’; 
(ii) in subparagraph (B)(i) (in the 
matter before subclause (I)), by striking 
‘‘marriage.’’ and inserting ‘‘marriage (or 
entry into a domestic partnership).’’; 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(iii) in subparagraph (B)(ii), by in-
serting ‘‘(or in a domestic partnership)’’ 
after ‘‘married’’; and 
(iv) in subparagraph (C), by striking 
‘‘marriage.’’ and inserting ‘‘marriage (or 
domestic partnership).’’; and 
(3) in subsection (o)(1)— 
(A) in subparagraphs (A)(i) and (B)(i), by 
striking ‘‘is married,’’ and inserting ‘‘is married 
(or is in a domestic partnership),’’; and 
(B) in subparagraph (A) (in the matter fol-
lowing clause (ii)), by inserting ‘‘(or domestic 
partner)’’ after ‘‘spouse’’. 
SEC. 204. COST-OF-LIVING ADJUSTMENT OF ANNUITIES. 
Section 8340 is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and’’ at the end of para-
graph (1); 
(B) by striking the period at the end of 
paragraph (2) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) the terms ‘widow’, ‘widower’, and ‘surviving 
partner’ have the respective meanings given them 
under section 8341.’’; and 
(2) in subsection (c)(1)— 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(A) in the matter before subparagraph (A), 
by striking all after ‘‘who retires,’’ and before ‘‘of 
a deceased annuitant’’ and inserting ‘‘to the 
widow, widower, or former spouse (or the sur-
viving partner or former domestic partner) of a 
deceased employee or Member, or to the widow, 
widower, or former spouse (or the surviving 
partner or former domestic partner), or insur-
able interest designee’’; and 
(B) in subparagraph (B)(ii), by striking ‘‘a 
widow, widower, former spouse, or insurable in-
terest designee’’ and inserting ‘‘a widow, wid-
ower, or former spouse (or surviving partner or 
former domestic partner) or insurable interest 
designee’’. 
SEC. 205. SURVIVOR ANNUITIES. 
Section 8341 is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; 
(B) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) ‘surviving partner’ means the surviving do-
mestic partner of an employee or Member who— 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(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 Man-
agement shall by regulation prescribe based on 
the definition of a widow or widower under this 
section;’’; and 
(C) in paragraph (5) (as so redesignated by 
subparagraph (A))— 
(i) in subparagraph (A), by inserting 
‘‘(or surviving domestic partner)’’ after ‘‘the 
surviving spouse’’; and 
(ii) by adding at the end the following: 
‘‘The Office shall prescribe regulations to 
provide that, for purposes of applying the 
provisions of paragraph (5)(A)(ii) (relating 
to the treatment of a stepchild) in the case 
of a domestic partnership, rules similar to 
those prescribed to carry out section 
8901(5)(B) in similar circumstances shall 
apply.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(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 
(iii) in subparagraph (B), by inserting 
‘‘(or enters into a subsequent domestic part-
nership)’’ after ‘‘remarries’’; and 
(D) in paragraph (4)— 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(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 paragraph 
(2) and inserting the following: 
‘‘(e)(1) For the purposes of this subsection— 
‘‘(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 em-
ployee or Member who completed less than 18 months 
of service covered by this subchapter; and 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(B) the term ‘former domestic partner’ includes 
a former domestic partner who was in a domestic 
partnership with an employee or Member for less than 
9 months and a former domestic partner of an em-
ployee 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 appears and 
inserting ‘‘a spouse or former spouse (or a do-
mestic partner or former domestic partner)’’; 
(C) in paragraph (3)— 
(i) in subparagraph (E), by striking 
‘‘dies or marries;’’ and inserting ‘‘dies, mar-
ries, or enters into a domestic partner-
ship;’’; and 
(ii) in the matter following subpara-
graph (E)— 
(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 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(D) in paragraph (4), by striking ‘‘mar-
riage, then, if such marriage’’ and inserting 
‘‘marriage, then, if such marriage (or a domestic 
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 surviving 
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 termi-
nating on the last day of the month before the sur-
viving spouse dies or remarries (or the surviving do-
mestic partner dies or enters into a subsequent domes-
tic partnership); or 
‘‘(2) may elect to receive the lump-sum credit in-
stead of annuity if the spouse (or domestic partner) 
is the individual who would be entitled to the lump- 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
sum credit and files application therefor with the Of-
fice 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 payable 
to any former spouse (or any former domestic part-
ner) 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, an-
nuity at the same rate shall be restored commencing on the 
day the remarriage (or subsequent domestic partnership) 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 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
this subchapter or another retirement system for Gov-
ernment 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 provided 
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 agreement incident 
to such decree. 
‘‘(2)(A) The annuity payable to a former spouse (or 
former domestic partner) under this subsection may not ex-
ceed the difference between— 
‘‘(i) the amount applicable in the case of such 
former spouse (or former domestic partner), as deter-
mined under subparagraph (B), and 
‘‘(ii) the amount of any annuity payable under 
this subsection to any other former spouse (or former 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
domestic partner) of the employee, Member, or annu-
itant, based on an election previously made under sec-
tion 8339(j)(3), or a court order previously issued. 
‘‘(B) The applicable amount, for purposes of subpara-
graph (A)(i) in the case of a former spouse (or former do-
mestic partner), is the amount which would be applicable— 
‘‘(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 re-
tirement; 
‘‘(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 
‘‘(iii) under subparagraph (A) of subsection (f) 
in the case of a surviving spouse (or surviving domes-
tic partner), if the deceased was a Member described 
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 election, 
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 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(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 en-
ters into a subsequent domestic partnership) be-
fore becoming 55 years of age or dies; or 
‘‘(ii) in the case of an annuity computed by 
reference to clause (iii) of such paragraph, no 
later than the last day of the month before the 
former spouse remarries or dies (or the former 
domestic partner enters into a subsequent domes-
tic partnership or dies). 
‘‘(4) For purposes of this subchapter, a modification 
in a decree, order, agreement, or election referred to in 
paragraph (1) shall not be effective— 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(A) if such modification is made after the re-
tirement or death of the employee or Member con-
cerned, and 
‘‘(B) to the extent that such modification in-
volves an annuity under this subsection. 
‘‘(5) For purposes of this subchapter, a decree, order, 
agreement, or election referred to in paragraph (1) shall 
not be effective, in the case of a former spouse (or former 
domestic partner), to the extent that it is inconsistent with 
any joint designation or waiver previously executed with 
respect to such former spouse (or former domestic partner) 
under section 8339(j)(1) or a similar prior provision of law. 
‘‘(6) Any payment under this subsection to a person 
bars recovery by any other person. 
‘‘(7) As used in this subsection, ‘court’ means any 
court of any State, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, the Northern Mariana Is-
lands, or the Virgin Islands, and any Indian court.’’; 
(8) by striking subsection (i) and inserting the 
following: 
‘‘(i) The requirement in subsections (a)(1)(A), 
(a)(2)(A), and (a)(5)(A) that the surviving spouse (or sur-
viving domestic partner) of an employee or Member have 
been married to (or in a domestic partnership with) such 
employee or Member for at least 9 months immediately be-
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
fore the employee’s or Member’s death in order to qualify 
as the widow or widower (or surviving partner) of such em-
ployee or Member shall be deemed satisfied in any case in 
which the employee or Member dies within the applicable 
9-month period, if— 
‘‘(1) the death of the employee or Member was 
accidental; or 
‘‘(2) the surviving spouse (or surviving domestic 
partner) of such individual had been previously mar-
ried to (or in a domestic partnership with) the indi-
vidual that was subsequently dissolved (or termi-
nated), and the aggregate time married (or in a do-
mestic partnership) is at least 9 months.’’; and 
(9) by redesignating subsection (k) as subsection 
(j) and amending such subsection to read as follows: 
‘‘(j)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i), 
to the extent that they provide for termination of a survivor 
annuity because of a remarriage (or entry into a subsequent 
domestic partnership) before age 55, shall not apply if the 
widow, widower or former spouse was married to (or the 
surviving partner or former domestic partner was in a do-
mestic partnership with) the individual on whose service 
the survivor annuity is based for at least 30 years. 
‘‘(2) A remarriage (or entry into a subsequent domestic 
partnership) described in paragraph (1) shall not be taken 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
into account for purposes of subparagraph (B) or (C) of 
section 8339(j)(5) or any other provision of this chapter 
which the Director of the Office of Personnel Management 
may by regulation identify in order to carry out the pur-
poses of this subsection.’’. 
SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE-
FICIARY; ORDER OF PRECEDENCE. 
Section 8342 is amended— 
(1) in subsection (c), by inserting ‘‘(or surviving 
partner)’’ after ‘‘widow or widower’’ ; and 
(2) in subsection (j)— 
(A) in paragraph (1)(A), by inserting ‘‘(or 
the domestic partner, if any, and any former do-
mestic partner)’’ after ‘‘the spouse, if any, and 
any former spouse’’; and 
(B) by inserting ‘‘(or domestic partner or 
former domestic partner)’’ after ‘‘spouse or 
former spouse’’ each place it appears. 
SEC. 207. ALTERNATIVE FORMS OF ANNUITIES. 
Section 8343a is amended— 
(1) in subsection (b)(2), by inserting ‘‘(or in a 
domestic partnership)’’ after ‘‘married’’; 
(2) in subsection (b)(2)(B), by inserting ‘‘(or 
surviving 
domestic 
partner)’’ 
after 
‘‘surviving 
spouse’’; and 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(3) in subsection (e), by inserting ‘‘(or in a do-
mestic partnership)’’ after ‘‘married’’. 
SEC. 208. ADMINISTRATION; REGULATIONS. 
Section 8347(n)(1)(D) is amended by striking ‘‘their 
spouses, and their former spouses’’ and inserting ‘‘their 
spouses, domestic partners, former spouses, and former do-
mestic partners’’. 
SEC. 209. PARTICIPATION IN THE THRIFT SAVINGS PLAN. 
Section 8351(b)(5) is amended— 
(1) in subparagraphs (A), (B), and (C), by in-
serting ‘‘(or domestic partner)’’ after ‘‘spouse’’ each 
place it appears; 
(2) in subparagraph (B), by striking ‘‘a married 
employee or Member’’ and inserting ‘‘an employee or 
Member who is married (or in a domestic partner-
ship)’’; and 
(3) in subparagraph (D), by inserting ‘‘(or do-
mestic partner or former domestic partner)’’ after 
‘‘spouse or former spouse’’. 
TITLE 
III—FEDERAL 
EMPLOY-
EES’ RETIREMENT SYSTEM 
SEC. 301. DEFINITIONS. 
Section 8401 is amended— 
(1) in paragraph (35), by striking ‘‘and’’ at the 
end; 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(2) in paragraph (36), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(37) ‘former domestic partner’ means a former 
domestic partner of an individual— 
‘‘(A) if such individual performed at least 
18 months of civilian service creditable under 
section 8411 as an employee or Member; and 
‘‘(B) if the former domestic partner was in 
a domestic partnership with such individual for 
at least 9 months.’’. 
SEC. 302. CREDITABLE SERVICE. 
Section 8411 is amended— 
(1) in subsection (c)(4)(C)(ii), by inserting ‘‘(or 
former domestic partner)’’ after ‘‘former spouse’’; 
(2) in subsection (l)(4)(B)(i), by inserting ‘‘(or 
domestic partner)’’ after ‘‘spouse’’; and 
(3) in subsection (l)(5), by inserting ‘‘(or domes-
tic partner)’’ after ‘‘spouse’’ each place it appears. 
SEC. 303. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 
OR A CURRENT DOMESTIC PARTNER. 
(a) IN GENERAL.— Section 8416 is amended— 
(1) in the catchline, by inserting ‘‘or a cur-
rent domestic partner’’ after ‘‘spouse’’; 
(2) in subsection (a)— 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(A) by inserting ‘‘(or in a domestic partner-
ship)’’ after ‘‘married’’ each place it appears; 
(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 annu-
ity was not reduced to provide a survivor annuity for the 
employee’s or Member’s spouse or former spouse (or domes-
tic partner or former domestic partner) as of the time of 
retirement, may irrevocably elect during such marriage (or 
domestic partnership), in a signed writing received 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 subsequent 
domestic partnership by any former domestic 
partner) of such employee or Member who was 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
entitled to a survivor annuity under section 
8445, or 
‘‘(ii) if there was more than 1, the death or 
remarriage of the last such surviving former 
spouse (or the death of or entry into a subsequent 
domestic partnership by the last such surviving 
former domestic partner), 
a reduction in the employee’s or Member’s annuity under 
section 8419(a) for the purpose of providing an annuity 
for such employee’s or Member’s spouse (or domestic part-
ner) in the event such spouse (or domestic partner) survives 
the employee or Member. 
‘‘(2) The election and reduction shall be effective the 
first day of the second month after the election is received 
by the Office, but not less than 9 months after the date of 
the remarriage (or entry into the subsequent domestic part-
nership). 
‘‘(3) An election to provide a survivor annuity to an 
individual under this subsection— 
‘‘(A) shall prospectively void any election made 
by the employee or Member under section 8420 with 
respect to such individual; or 
‘‘(B) shall, if an election was made by the em-
ployee or Member under section 8420 with respect to 
a different individual, prospectively void such election 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
if appropriate written application is made by such 
employee or Member at the time of making the elec-
tion under this subsection. 
‘‘(4) Any election under this subsection made by an 
employee or Member on behalf of an individual after the 
retirement of such employee or Member shall not be effective 
if— 
‘‘(A) the employee or Member was married to (or 
in a domestic partnership with) such individual at 
the time of retirement; and 
‘‘(B) the annuity rights of such individual based 
on the service of such employee or Member were then 
waived under subsection (a).’’. 
(4) in subsection (c)— 
(A) by striking the matter before paragraph 
(2) and inserting the following: 
‘‘(c)(1) An employee or Member who is unmarried 
(and not in a domestic partnership) at the time of retiring 
under this chapter and who later marries (or enters into 
a domestic partnership) may irrevocably elect, in a signed 
writing received by the Office— 
‘‘(A) within 2 years after such employee or Mem-
ber marries (or enters into a domestic partnership), 
or 
‘‘(B) if later, within 2 years after— 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) shall not be effective, in the case of an em-
ployee or Member who is then married (or in a do-
mestic partnership), unless it is made with the 
spouse’s (or domestic partner’s) written consent.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 84 of title 5, United States Code, is amended by 
striking the item relating to section 8417 and inserting the 
following: 
‘‘8417. Survivor reduction for a former spouse or a former domestic partner.’’. 
SEC. 305. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS. 
Section 8418(b) is amended— 
(1) by inserting ‘‘(or domestic partnership)’’ 
after ‘‘marriage’’; and 
(2) by striking ‘‘former spouse.’’ and inserting 
‘‘former spouse (or former domestic partner).’’. 
SEC. 306. SURVIVOR REDUCTIONS; COMPUTATION. 
Section 8419 is amended— 
(1) in subsection (a), by inserting ‘‘(or domestic 
partner)’’ after ‘‘spouse’’ each place it appears; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b)(1) Any reduction in an annuity for the purpose 
of providing a survivor annuity for the current spouse (or 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
current domestic partner) of a retired employee or Member 
shall be terminated for each full month— 
‘‘(A) after the death of the spouse (or domestic 
partner); or 
‘‘(B) after the dissolution of the spouse’s mar-
riage to (or the termination of the domestic partner’s 
domestic partnership with) the employee or Member, 
except that an appropriate reduction shall be made 
thereafter if the spouse (or domestic partner) is enti-
tled, as a former spouse (or former domestic partner), 
to a survivor annuity under section 8445. 
‘‘(2) Any reduction in an annuity for the purpose of 
providing a survivor annuity for a former spouse (or former 
domestic partner) of a retired employee or Member shall 
be terminated for each full month after the former spouse 
remarries (or the former domestic partner enters into a sub-
sequent domestic partnership) before reaching age 55 or 
dies. This reduction shall be replaced by appropriate reduc-
tions under subsection (a) if the retired employee or Member 
has— 
‘‘(A) another former spouse (or former domestic 
partner) who is entitled to a survivor annuity under 
section 8445; 
‘‘(B) a current spouse to whom the employee or 
Member was married (or a current domestic partner 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
with whom the employee or Member was in a domes-
tic partnership) at the time of retirement and with 
respect to whom a survivor annuity was not waived 
under section 8416(a) or, if waived, with respect to 
whom an election under section 8416(d) has been 
made; or 
‘‘(C) a current spouse whom the employee or 
Member married (or current domestic partner with 
whom the employee or Member entered into a domes-
tic partnership) after retirement and with respect to 
whom an election has been made under subsection (b) 
or (c) of section 8416.’’. 
SEC. 307. INSURABLE INTEREST REDUCTIONS. 
Section 8420 is amended— 
(1) in subsection (b)(1)— 
(A) by striking ‘‘married employee or Mem-
ber’’ and inserting ‘‘employee or Member who is 
married (or in a domestic partnership)’’; and 
(B) by inserting ‘‘(or domestic partner)’’ 
after ‘‘spouse’’ each place it appears; and 
(2) in subsection (b)(2), by inserting ‘‘(or former 
domestic partner)’’ after ‘‘former spouse’’. 
SEC. 308. ALTERNATIVE FORMS OF ANNUITIES. 
Section 8420a is amended— 
(1) in subsection (b)(2)— 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(A) in the matter before subparagraph (A), 
by inserting ‘‘(or in a domestic partnership)’’ 
after ‘‘married’’; and 
(B) in subparagraph (B), by striking ‘‘sur-
viving spouse.’’ and inserting ‘‘surviving spouse 
(or surviving domestic partner).’’; 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘mar-
ried,’’ and inserting ‘‘married (or in a domestic 
partnership),’’ and 
(B) in paragraph (2), by inserting ‘‘(or 
former domestic partner)’’ after ‘‘former spouse’’ 
each place it appears; and 
(3) in subsection (e), by inserting ‘‘(or in a do-
mestic partnership)’’ after ‘‘married’’. 
SEC. 309. LUMP-SUM BENEFITS; DESIGNATION OF BENE-
FICIARY; ORDER OF PRECEDENCE. 
Section 8424 is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘the spouse, if any, and any former spouse’’ 
and inserting ‘‘any spouse or former spouse 
(and any domestic partner or former do-
mestic partner)’’; and 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(ii) in subparagraph (B), by striking 
‘‘spouse or former spouse’’ each place it ap-
pears and inserting ‘‘spouse or former 
spouse (or domestic partner or former do-
mestic partner)’’; and 
(B) in paragraph (2), by striking ‘‘spouse 
or former spouse’’ each place it appears and in-
serting ‘‘spouse or former spouse (or domestic 
partner or former domestic partner)’’; and 
(2) in subsection (d), by striking ‘‘widow or wid-
ower’’ and inserting ‘‘widow or widower (or surviving 
partner)’’. 
SEC. 310. ANNUITIES: METHODS OF PAYMENT; ELECTION; 
PURCHASE. 
Section 8434(a)(2) is amended— 
(1) in subparagraph (B), by inserting ‘‘(or do-
mestic partner)’’ after ‘‘spouse’’; and 
(2) in subparagraph (E)(i), by inserting ‘‘(or 
former domestic partner)’’ after ‘‘former spouse’’. 
SEC. 311. PROTECTIONS FOR SPOUSES, DOMESTIC PART-
NERS, FORMER SPOUSES, AND FORMER DO-
MESTIC PARTNERS. 
(a) IN GENERAL.— Section 8435 is amended— 
(1) in the catchline, by striking ‘‘spouses and 
former spouses’’ and inserting ‘‘spouses, do-
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
mestic 
partners, 
former 
spouses, 
and 
former domestic partners’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘A married employee or Member (or former 
employee or Member)’’ each place it appears 
and inserting ‘‘An employee or Member, or 
former employee or former Member, who is 
married (or in a domestic partnership)’’; 
and 
(ii) in subparagraph (B), by inserting 
‘‘or domestic partner’’ after ‘‘spouse’’ each 
place it appears; and 
(B) in paragraph (2), by inserting ‘‘(or do-
mestic partner’s)’’ after ‘‘spouse’s’’ each place it 
appears; 
(3) in subsection (b)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘(or surviving domes-
tic partner)’’ after ‘‘surviving spouse’’ each 
place it appears; and 
(ii) by inserting ‘‘(or in a domestic 
partnership)’’ after ‘‘married’’; and 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS
(B) in paragraph (2)(A), by inserting ‘‘(or 
domestic partner)’’ after ‘‘spouse’’; 
(4) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘(or 
former domestic partner)’’ after ‘‘former spouse’’ 
the first 2 places it appears; 
(B) in paragraphs (3) through (6), by in-
serting ‘‘(or former domestic partner)’’ after 
‘‘former spouse’’ each place it appears; 
(C) in paragraph (3)(B), by inserting ‘‘(or 
former 
domestic 
partners)’’ 
after 
‘‘former 
spouses’’; and 
(D) in paragraph (3)(A), by inserting ‘‘(or 
surviving domestic partner)’’ after ‘‘surviving 
spouse’’; 
(5) in subsection (e)(1)— 
(A) by striking the matter before subpara-
graph (B) and inserting the following: 
‘‘(e)(1)(A) A loan or withdrawal under subsection (g) 
or (h) of section 8433 may be made to an employee or Mem-
ber who is married (or in a domestic partnership) only if 
the employee’s or Member’s spouse (or domestic partner) 
consents to such loan or withdrawal in writing.’’; and 
VerDate Nov 24 2008 
21:28 Jan 29, 2010
Jkt 089200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6203
E:\BILLS\H2517.RH
H2517
jlentini on DSKJ8SOYB1PROD with BILLS