I 
112TH CONGRESS 
1ST SESSION H. R. 3485 
To provide certain benefits to domestic partners of Federal employees. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2011 
Ms. BALDWIN (for herself, Ms. ROS-LEHTINEN, Mr. CICILLINE, Mr. POLIS, 
Mr. FRANK of Massachusetts, Mr. SERRANO, Ms. SPEIER, Mr. HINCHEY, 
Mr. HOLT, Mr. CLAY, Mr. JACKSON of Illinois, Ms. LEE of California, 
Mrs. MALONEY, Mr. SMITH of Washington, Mr. GRIJALVA, Mr. GUTIER-
REZ, Mrs. DAVIS of California, Mr. LANGEVIN, Ms. TSONGAS, Ms. PIN-
GREE of Maine, Mrs. CAPPS, Mr. HONDA, Mr. STARK, Mr. NADLER, Mr. 
VAN HOLLEN, Mr. LEWIS of Georgia, Ms. MOORE, Mr. MCDERMOTT, 
Mrs. NAPOLITANO, Mr. CROWLEY, Mr. GEORGE MILLER of California, 
Mr. ACKERMAN, Mr. MORAN, Mr. DOGGETT, Ms. ROYBAL-ALLARD, Mr. 
QUIGLEY, Mr. SARBANES, Mr. BERMAN, Mr. CUMMINGS, Mr. CAPUANO, 
Ms. WOOLSEY, Mr. DINGELL, Mr. YARMUTH, Ms. ZOE LOFGREN of Cali-
fornia, Mr. FILNER, Ms. DEGETTE, Mr. MICHAUD, Ms. MCCOLLUM, Mr. 
COHEN, Mr. FARR, Ms. SCHAKOWSKY, Mr. ELLISON, Mr. WELCH, and 
Mr. MCGOVERN) introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform, and in addition to the 
Committees on Education and the Workforce, House Administration, and 
the Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To provide certain benefits to domestic partners of Federal 
employees. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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Sec. 309. Lump-sum benefits; designation of beneficiary; order of precedence. 
Sec. 310. Annuities: methods of payment; election; purchase. 
Sec. 311. Protections for spouses, domestic partners, former spouses, and 
former domestic partners. 
Sec. 312. Justices and judges. 
Sec. 313. Survivor annuities: definitions. 
Sec. 314. Rights of a widow, widower, or surviving partner. 
Sec. 315. Rights of a former spouse or former domestic partner. 
Sec. 316. Authority of the Office of Personnel Management. 
Sec. 317. Cost-of-living adjustments. 
Sec. 318. Fiduciary responsibilities; liability and penalties. 
TITLE IV—INSURANCE BENEFITS 
Sec. 401. Life insurance. 
Sec. 402. Health insurance. 
Sec. 403. Enhanced dental benefits. 
Sec. 404. Enhanced vision benefits. 
Sec. 405. Long-term care insurance. 
TITLE V—TRAVEL, TRANSPORTATION, AND SUBSISTENCE 
Sec. 501. Reimbursement for taxes incurred on money received for travel ex-
penses. 
Sec. 502. Relocation expenses of employees transferred or reemployed. 
Sec. 503. Taxes on reimbursements for travel, transportation, and relocation 
expenses of employees transferred. 
Sec. 504. Relocation expenses of an employee who is performing an extended 
assignment. 
TITLE VI—COMPENSATION FOR WORK INJURIES 
Sec. 601. Definitions. 
Sec. 602. Death gratuity for injuries incurred in connection with employee’s 
service with an Armed Force. 
Sec. 603. Beneficiaries of awards unpaid at death; order of precedence. 
Sec. 604. Augmented compensation for dependents. 
Sec. 605. Limitations on right to receive compensation. 
Sec. 606. Compensation in case of death. 
Sec. 607. Lump-sum payment. 
Sec. 608. Regulations. 
Sec. 609. Effective date. 
TITLE VII—PROVISIONS RELATING TO EMPLOYMENT OF 
RELATIVES AND OTHER MATTERS 
Sec. 701. Employment of relatives; restrictions. 
Sec. 702. Settlement of accounts. 
Sec. 703. Benefits for captives. 
Sec. 704. Compensation for disability or death. 
Sec. 705. Family and medical leave. 
TITLE VIII—ADDITIONAL PROVISIONS 
Sec. 801. Applicability. 
Sec. 802. Regulations. 
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TITLE IX—AMENDMENT TO THE ETHICS IN GOVERNMENT ACT 
OF 1978 
Sec. 901. Amendment to the Ethics in Government Act of 1978. 
TITLE X—REPORTING REQUIREMENTS 
Sec. 1001. Report of the president. 
Sec. 1002. GAO report. 
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 
regulation 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 attest-
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ing that 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 in-
definitely. 
‘‘(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 do-
mestic partnership referred to in paragraph (4). 
‘‘(7) The 2 individuals share responsibility for 
a significant measure of each other’s common wel-
fare 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 
willful falsification of information set forth in the af-
fidavit or failure to provide appropriate notification 
of the termination of the domestic partnership may 
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lead 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 sec-
tion 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 ac-
cordance with regulations prescribed by the Office, an affi-
davit 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 indi-
vidual or the date as of which the domestic partnership 
is otherwise terminated, as determined under such regula-
tions. 
‘‘(b) DOMESTIC PARTNER.—For purposes of the pro-
visions of law to which this section applies, the term ‘do-
mestic partner’ means an individual who is in a domestic 
partnership, as described in subsection (a). 
‘‘(c) EMPLOYEE DEFINED.—For purposes of this 
section, the term ‘employee’ means an employee as defined 
by section 2105, an employee of a nonappropriated fund 
instrumentality of the Department of Defense or the Coast 
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Guard (as described in section 2105(c)), an employee of 
the United States Postal Service or of the Postal Regu-
latory 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 commis-
sioned corps of the National Oceanic and Atmospheric Ad-
ministration, and any other individual who is employed by 
the Government (as determined under regulations of the 
President or a designee thereof), but does not include a 
technician (within the meaning of section 8337(h) or, not-
withstanding any provision of chapter 43 of title 38, a 
member of the armed forces. 
‘‘(d) ANNUITANT DEFINED.—For purposes of this 
section, 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 in-
dividual who is entitled to benefits (based on the 
service of such individual) under a retirement system 
for employees of the Government. 
‘‘(e) CONFIDENTIALITY.—No individual may— 
‘‘(1) use the information obtained under sub-
section (a) for any purpose other than the adminis-
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tration of any provision of law to which this section 
applies; or 
‘‘(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 partner-
ship to which the information pertains or an 
authorized 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 2011.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 21 is amended by adding at the end the fol-
lowing: 
‘‘2110. Domestic partnerships.’’. 
TITLE II—CIVIL SERVICE 
RETIREMENT SYSTEM 
SEC. 201. DEFINITIONS. 
Section 8331 is amended— 
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(1) in paragraph (30), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (31), by striking the period 
and inserting ‘‘; and’’; and 
(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 in-
serting ‘‘spouse, domestic partner,’’. 
SEC. 203. COMPUTATION OF ANNUITY. 
Section 8339 is amended— 
(1) in subsection (j)— 
(A) in paragraph (1)— 
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(i) by inserting ‘‘(or domestic part-
ner)’’ after ‘‘the spouse’’ each place it ap-
pears; 
(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 
appears; 
(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 
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(II) by striking ‘‘is dissolved,’’ 
and inserting ‘‘is dissolved (or termi-
nated),’’; 
(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, 
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and subject to the same conditions under 
which, an election could be made under 
paragraph (5)(B) for a current spouse (or 
a current domestic partner), subject to the 
provisions of this paragraph relating to 
consent of a current spouse (or of a cur-
rent domestic partner), if the retired em-
ployee 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 
Member 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 
Member, 
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 sur-
vivor annuity under section 8341(h). 
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‘‘(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 
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 ap-
propriate reduction or reductions under paragraph (4) if 
the retired employee or Member has (i) another former 
spouse (or another former domestic partner) who is enti-
tled to a survivor annuity under section 8341(h), (ii) a 
current spouse to whom the employee or Member was mar-
ried (or a current domestic partner with whom the em-
ployee 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 mar-
ried (or a current domestic partner with whom the em-
ployee or Member entered into domestic partnership) after 
retirement and with respect to whom an election has been 
made under subparagraph (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 an-
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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— 
‘‘(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 subse-
quent 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. 
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‘‘(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 the remarriage (or entry into the subsequent domestic 
partnership), and the retired employee or Member shall 
deposit in the Fund an amount determined by the Office 
of Personnel Management, as nearly as may be adminis-
tratively feasible, to reflect the amount by which the annu-
ity 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 employee’s or Member’s annuity was termi-
nated under subparagraph (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 reduc-
tion in the annuity of the employee or Member. The reduc-
tion shall, to the extent practicable, be designed so that 
the present value of the future reduction is actuarially 
equivalent to the deposit required under clause (ii), except 
that total reductions in the annuity of an employee or 
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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 reduction required by this clause, which shall 
be effective on the same date as the election under clause 
(i), shall be permanent and unaffected by any future dis-
solution of the marriage (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 
married to (or if such domestic partner was in a domestic 
partnership with) the employee or Member at the time of 
such employee’s or Member’s retirement, and all rights to 
survivor benefits for such spouse (or domestic partner) 
under this subchapter based on marriage (or domestic 
partnership) 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— 
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(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; 
(B) 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 
(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 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 
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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 
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(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— 
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‘‘(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)— 
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(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-
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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, 
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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. 
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‘‘(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 
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‘‘(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-
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nership) before 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 do-
mestic 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— 
‘‘(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 part-
ner) under section 8339(j)(1) or a similar prior provision 
of law. 
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‘‘(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 
before the employee’s or Member’s death in order to qual-
ify as the widow or widower (or surviving partner) of such 
employee or Member shall be deemed satisfied in any case 
in which the employee or Member dies within the applica-
ble 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-
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nated), and the aggregate time married (or in a do-
mestic partnership) is at least 9 months.’’; and 
(9) by redesignating subsection (k) as sub-
section (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 termi-
nation 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 domes-
tic partner was in a domestic partnership with) the indi-
vidual on whose service the survivor annuity is based for 
at least 30 years. 
‘‘(2) A remarriage (or entry into a subsequent domes-
tic partnership) described in paragraph (1) shall not be 
taken 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 purposes of this subsection.’’. 
SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE-
FICIARY; ORDER OF PRECEDENCE. 
Section 8342 is amended— 
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(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 
domestic 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 
(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 
domestic partners’’. 
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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; 
(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 
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‘‘(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 do-
mestic partner)’’ after ‘‘spouse’’ each place it ap-
pears. 
SEC. 303. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 
OR A CURRENT DOMESTIC PARTNER. 
(a) IN GENERAL.—Section 8416 is amended— 
(1) in the heading, by inserting ‘‘or a cur-
rent domestic partner’’ after ‘‘spouse’’; 
(2) in subsection (a)— 
(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; 
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(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-
mestic partner) of such employee or Member 
who was 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 subse-
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quent 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) sur-
vives 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 
partnership). 
‘‘(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 elec-
tion if appropriate written application is made by 
such employee or Member at the time of making the 
election under this subsection. 
‘‘(4) Any election under this subsection made by an 
employee or Member on behalf of an individual after the 
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retirement of such employee or Member shall not be effec-
tive 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 para-
graph (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 
Member marries (or enters into a domestic partner-
ship), 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 domestic 
partner) of such employee or Member who was 
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entitled to a survivor annuity under section 
8445, 
‘‘(ii) if more than 1, the death or remar-
riage of the last such surviving former spouse 
(or the death of or the entry into a subsequent 
domestic partnership by the last such surviving 
domestic partner), 
a reduction in the current annuity of the retired em-
ployee or Member, in accordance with section 
8419(a).’’; and 
(B) in paragraph (2), by striking ‘‘mar-
riage.’’ and inserting ‘‘marriage (or domestic 
partnership).’’; and 
(5) in subsection (d)(1)— 
(A) by inserting ‘‘(or in a domestic part-
nership)’’ after ‘‘married’’; and 
(B) by inserting ‘‘(or domestic partner)’’ 
after ‘‘spouse’’ each place it appears. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 84, is amended by striking the item relating 
to section 8416 and inserting the following: 
‘‘8416. Survivor reduction for a current spouse or a current domestic partner.’’. 
SEC. 304. SURVIVOR REDUCTION FOR A FORMER SPOUSE 
OR FORMER DOMESTIC PARTNER. 
(a) IN GENERAL.—Section 8417 is amended— 
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‘‘(B) shall not be effective, in the case of an 
employee or Member who is then married (or in a 
domestic 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 
current domestic partner) of a retired employee or Mem-
ber shall be terminated for each full month— 
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‘‘(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 part-
ner’s domestic partnership with) the employee or 
Member, except that an appropriate reduction shall 
be made thereafter if the spouse (or domestic part-
ner) is entitled, as a former spouse (or former do-
mestic 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 subsequent domestic partnership) before reaching 
age 55 or dies. This reduction shall be replaced by appro-
priate reductions under subsection (a) if the retired em-
ployee 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 
with whom the employee or Member was in a domes-
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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 do-
mestic partnership) after retirement and with re-
spect to whom an election has been made under sub-
section (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 
Member’’ 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)— 
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(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 domestic partner)’’; and 
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(ii) in subparagraph (B), by striking 
‘‘spouse or former spouse’’ each place it 
appears 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 
widower’’ and inserting ‘‘widow or widower (or sur-
viving 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 heading, by striking ‘‘spouses and 
former spouses’’ and inserting ‘‘spouses, do-
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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 
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(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 
Member 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 
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(B) in subparagraph (C), by inserting ‘‘(or 
domestic partner’s)’’ after ‘‘spouse’s’’ each 
place it appears; and 
(6) in subsection (g), by inserting ‘‘(or domestic 
partner or former domestic partner)’’ after ‘‘spouse 
or former spouse’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 84 is amended by striking the item relating 
to section 8435 and inserting the following: 
‘‘8435. Protections for spouses, domestic partners, former spouses, and former 
domestic partners.’’. 
SEC. 312. JUSTICES AND JUDGES. 
Section 8440a(b)(6) is amended by inserting ‘‘(or do-
mestic partners)’’ after ‘‘spouses’’. 
SEC. 313. SURVIVOR ANNUITIES: DEFINITIONS. 
Section 8441 is amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively, and by insert-
ing after paragraph (2) the following: 
‘‘(3) the term ‘surviving partner’ means the 
surviving domestic partner of an employee, Member, 
or annuitant, or of a former employee or Member, 
who— 
‘‘(A) was in a domestic partnership with 
such employee, Member, or annuitant, or 
former employee or Member, for at least 9 
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months immediately before the death of such 
employee, Member, or annuitant, or former em-
ployee 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;’’; 
(2) in paragraph (5) (as so redesignated by 
paragraph (1))— 
(A) in subparagraph (A), by inserting ‘‘(or 
surviving partner)’’ after ‘‘widow or widower’’; 
and 
(3) 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 pre-
scribed to carry out section 8901(5)(B) in similar cir-
cumstances shall apply.’’. 
SEC. 314. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING 
PARTNER. 
(a) IN GENERAL.—Section 8442 is amended— 
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(1) in the heading, by striking ‘‘widow or 
widower’’ and inserting ‘‘widow, widower, or 
surviving partner’’; 
(2) in subsection (a)— 
(A) by inserting ‘‘(or surviving partner)’’ 
after ‘‘widow or widower’’ each place it appears; 
(B) in paragraph (1)(B), by inserting ‘‘(or 
entry into a domestic partnership)’’ after ‘‘mar-
riage’’; and 
(C) in paragraph (2), by inserting ‘‘(or do-
mestic partner)’’ after ‘‘spouse’’ each place it 
appears; 
(3) in subsection (b), by inserting ‘‘(or sur-
viving partner)’’ after ‘‘widow or widower’’ each 
place it appears; 
(4) in subsection (c)— 
(A) in paragraph (1), (in the matter before 
subparagraph (A)), by inserting ‘‘(or a sur-
viving partner with whom in a domestic part-
nership)’’ after ‘‘widow or widower to whom 
married’’; and 
(B) by striking ‘‘widow or widower’’ each 
place it appears (other than where amended by 
subparagraph (A)) and inserting ‘‘widow or 
widower (or surviving partner)’’; 
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(5) in subsection (d)— 
(A) by striking ‘‘widow or widower’’ each 
place it appears and inserting ‘‘widow or wid-
ower (or surviving partner)’’; 
(B) in paragraph (1)(B), by inserting ‘‘(or 
enters into a subsequent domestic partnership)’’ 
after ‘‘remarries’’; 
(C) in paragraph (2)— 
(i) by striking ‘‘remarriage before’’ 
and inserting ‘‘remarriage (or entry into a 
subsequent domestic partnership) before’’; 
(ii) by striking ‘‘remarriage is dis-
solved by death, divorce, or annulment,’’ 
and inserting ‘‘remarriage is dissolved by 
death, divorce, annulment (or subsequent 
domestic partnership is terminated),’’; and 
(iii) in subparagraph (A), by striking 
‘‘remarriage;’’ and inserting ‘‘remarriage 
(or entry into a subsequent domestic part-
nership);’’; and 
(D) in paragraph (3)— 
(i) by inserting ‘‘or entry into a subse-
quent domestic partnership’’ after ‘‘remar-
riage’’; and 
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(ii) by inserting ‘‘(or in a domestic 
partnership for at least 30 years with)’’ 
after ‘‘married for at least 30 years to’’; 
(6) in subsection (e)— 
(A) by inserting ‘‘(or surviving partner)’’ 
after ‘‘widow or widower’’ each place it appears; 
(B) by inserting ‘‘(or in a domestic part-
nership with)’’ after ‘‘been married to’’; and 
(C) by amending paragraph (2) to read as 
follows: 
‘‘(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.’’; 
(7) in subsection (g), by striking ‘‘widow or 
widower’’ and inserting ‘‘widow, widower, or sur-
viving partner’’ each place it appears; and 
(8) in subsection (h)— 
(A) by striking ‘‘widow or widower’’ each 
place it appears and inserting ‘‘widow or wid-
ower (or surviving partner)’’; and 
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(B) by inserting ‘‘(or former domestic 
partner)’’ after ‘‘former spouse’’ each place it 
appears. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 84 is amended by striking the item relating 
to section 8442 and inserting the following: 
‘‘8442. Rights of a widow, widower, or surviving partner.’’. 
SEC. 315. RIGHTS OF A FORMER SPOUSE OR FORMER DO-
MESTIC PARTNER. 
(a) IN GENERAL.—Section 8445 is amended— 
(1) in the heading, by striking ‘‘former 
spouse’’ and inserting ‘‘former spouse or 
former domestic partner’’; 
(2) in subsection (a), by inserting ‘‘(or former 
domestic partner)’’ after ‘‘former spouse’’; 
(3) in subsection (b)— 
(A) by inserting ‘‘(or former domestic part-
ner)’’ after ‘‘former spouse’’ each place it ap-
pears; and 
(B) in paragraph (2), by inserting ‘‘(or 
surviving partner)’’ after ‘‘widow or widower’’; 
(4) in subsection (c)(2), by inserting ‘‘(or the 
former domestic partner enters into a subsequent 
domestic partnership)’’ after ‘‘former spouse remar-
ries’’; 
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(5) in subsection (e), by inserting ‘‘(or former 
domestic partner)’’ after ‘‘former spouse’’ each place 
it appears; and 
(6) by amending subsection (h) to read as fol-
lows: 
‘‘(h)(1) Subsection (c)(2), to the extent that it pro-
vides for termination of a survivor annuity because of a 
remarriage (or entry into a subsequent domestic partner-
ship) before age 55, shall not apply if the former spouse 
(or former domestic partner) was married to (or 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 domes-
tic partnership) described in paragraph (1) shall not be 
taken into account for purposes of section 8419(b)(1)(B) 
or any other provision of this chapter which the Director 
may by regulation identify in order to carry out the pur-
poses of this subsection.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 84 is amended by striking the item relating 
to section 8445 and inserting the following: 
‘‘8445. Rights of a former spouse or former domestic partner.’’. 
SEC. 316. AUTHORITY OF THE OFFICE OF PERSONNEL MAN-
AGEMENT. 
Section 8461(j)(1)(D) is amended by striking ‘‘such 
employees, their spouses, their former spouses, and their 
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survivors’’ and inserting ‘‘such employees and their 
spouses, domestic partners, former spouses, former do-
mestic partners, and survivors’’. 
SEC. 317. COST-OF-LIVING ADJUSTMENTS. 
Section 8462(c) is amended— 
(1) in paragraph (2), by striking ‘‘survivor 
(other than a widow or widower whose annuity is 
computed under section 8442(g) or a child under 
section 8443)’’ and inserting the following: ‘‘sur-
vivor, other than a widow or widower (or surviving 
partner) whose annuity is computed under section 
8442(g) or a child under section 8443,’’; 
(2) in paragraph (4) (in the matter before sub-
paragraph (A)), by inserting ‘‘(or surviving part-
ner)’’ after ‘‘widow or widower’’; and 
(3) in paragraph (4)(B)(i), by inserting ‘‘(or 
surviving partner’s)’’ after ‘‘widow’s or widower’s’’. 
SEC. 318. FIDUCIARY RESPONSIBILITIES; LIABILITY AND 
PENALTIES. 
Section 8477(a)(4)(F) is amended to read as follows: 
‘‘(F) a spouse (or domestic partner), sib-
ling, ancestor, lineal descendant, or spouse (or 
domestic partner) of a lineal descendant of a 
person described in subparagraph (A), (B), or 
(D);’’. 
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TITLE IV—INSURANCE BENEFITS 
SEC. 401. LIFE INSURANCE. 
(a) IN GENERAL.—Chapter 87 is amended— 
(1) in section 8701(d)— 
(A) in paragraph (1)(A), by inserting ‘‘or 
domestic partner’’ after ‘‘spouse’’; and 
(B) by adding at the end the following: 
‘‘(3) In the case of an individual whose domestic part-
ner has a child by a previous marriage, domestic partner-
ship (as defined under regulations of the Office of Per-
sonnel Management), or otherwise, such child shall, unless 
adopted by such individual, be treated as a stepchild of 
such individual.’’; 
(2) in section 8705(a), by inserting ‘‘or sur-
viving domestic partner’’ after ‘‘widow or widower’’; 
and 
(3) in section 8714c(b)(1)(A), by striking 
‘‘spouse;’’ and inserting ‘‘spouse or domestic part-
ner;’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to calendar years be-
ginning after the end of the 6-month period beginning on 
the date of the enactment of this Act. 
SEC. 402. HEALTH INSURANCE. 
(a) DEFINITIONS.—Section 8901 is amended— 
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(1) in paragraph (5) (in the matter before sub-
paragraph (A)), by inserting ‘‘or domestic partner’’ 
after ‘‘the spouse’’; 
(2) in paragraph (8)(B), by striking ‘‘or former 
spouses,’’ and inserting ‘‘former spouses, or former 
domestic partners,’’; 
(3) by striking ‘‘and’’ at the end of paragraph 
(10), by redesignating paragraph (11) as paragraph 
(12), and by inserting after paragraph (10) the fol-
lowing: 
‘‘(11) ‘former domestic partner’ means a do-
mestic partner— 
‘‘(A) whose domestic partnership with an 
employee, former employee, or annuitant has 
terminated, 
‘‘(B) who has not entered into another do-
mestic partnership before age 55 after the do-
mestic partnership to the employee, former em-
ployee, or annuitant was terminated, 
‘‘(C) who was enrolled in an approved 
health benefits plan under this chapter as a 
family member at any time during the 18- 
month period before the date of the termination 
of the domestic partnership to the employee, 
former employee, or annuitant, and 
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‘‘(D)(i) who is receiving any portion of a 
survivor annuity under section 8341(h) or 8445 
(or benefits similar to either of the aforemen-
tioned annuity benefits under a retirement sys-
tem for Government employees other than the 
Civil Service Retirement System or the Federal 
Employees’ Retirement System), 
‘‘(ii) for whom an election has been made 
under section 8339(j)(3) or 8417(b) (or similar 
provision of law), or 
‘‘(iii) who is otherwise entitled to an annu-
ity or any portion of an annuity as a former do-
mestic partner under a retirement system for 
Government employees, 
except that such term shall not include any such 
former domestic partner, who has not entered into 
another domestic partnership, of a former employee 
whose domestic partnership was terminated after the 
former employee’s separation from the service (other 
than by retirement); and’’; and 
(4) by adding after paragraph (12) (as so re-
designated by paragraph (3)), as a flush left sen-
tence, the following: 
‘‘For purposes of paragraph (5), in the case of an em-
ployee or annuitant whose domestic partner has a child 
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by a previous marriage, domestic partnership (as defined 
under regulations of the Office of Personnel Manage-
ment), or otherwise, such child shall, unless adopted by 
such individual, be treated as a stepchild of such indi-
vidual.’’. 
(b) CONTRACTING AUTHORITY.—Section 8902 is 
amended in subsections (g), (j), and (k)(1), by inserting 
‘‘former domestic partner,’’ after ‘‘former spouse,’’ each 
place it appears. 
(c) DEBARMENT AND OTHER SANCTIONS.—Section 
8902a(a)(1)(B) is amended by striking ‘‘or former 
spouse’’ and inserting ‘‘former spouse, or former domestic 
partner’’. 
(d) HEALTH BENEFITS PLANS.—Section 8903(1) is 
amended— 
(1) by inserting ‘‘former domestic partners,’’ 
after ‘‘former spouses,’’; and 
(2) by inserting ‘‘former domestic partner,’’ 
after ‘‘former spouse,’’. 
(e) ELECTION
OF
COVERAGE.—Section 8905 is 
amended— 
(1) in subsection (c), by adding at the end the 
following: 
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‘‘(3) The Office shall prescribe regulations to ensure 
that, in the administration of this subsection, parity of 
treatment is afforded— 
‘‘(A) to former spouses and former domestic 
partners; and 
‘‘(B) to the children of a marriage that has 
been dissolved and the children of a domestic part-
nership that has been terminated.’’; 
(2) in subsection (e)— 
(A) by inserting ‘‘or domestic partner’’ 
after ‘‘has a spouse’’; and 
(B) by striking ‘‘either spouse,’’ and in-
serting ‘‘either spouse or domestic partner,’’; 
and 
(3) in subsections (f) and (g), by inserting 
‘‘former domestic partner,’’ after ‘‘former spouse,’’ 
each place it appears. 
(f) CONTINUED
COVERAGE.—Section 8905a is 
amended by adding at the end the following: 
‘‘(g) The Office shall prescribe regulations to ensure 
that, in the administration of this section, parity of treat-
ment is afforded— 
‘‘(1) to former spouses and former domestic 
partners; and 
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‘‘(2) to the children of a marriage that has been 
dissolved and the children of a domestic partnership 
that has been terminated.’’. 
(g) COVERAGE OF RESTORED EMPLOYEES AND SUR-
VIVOR OR DISABILITY ANNUITANTS.—Section 8908(b) is 
amended— 
(1) by inserting ‘‘or surviving domestic part-
ner’’ after ‘‘surviving spouse’’; and 
(2) by inserting ‘‘or a subsequent domestic 
partnership’’ after ‘‘because of remarriage’’. 
(h) REGULATIONS.—Section 8913(c) is amended— 
(1) by striking ‘‘and former spouses’’ and in-
serting ‘‘former spouses, and former domestic part-
ners’’; and 
(2) by striking ‘‘annuitant or former spouse’’ 
and inserting ‘‘annuitant, former spouse, or former 
domestic partner’’. 
(i) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to contract years be-
ginning after the end of the 6-month period beginning on 
the date of the enactment of this Act. 
SEC. 403. ENHANCED DENTAL BENEFITS. 
(a) IN GENERAL.—Chapter 89A is amended— 
(1) in section 8956(a)— 
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(A) by inserting ‘‘or domestic partner’’ 
after ‘‘a spouse’’; and 
(B) by striking ‘‘either spouse,’’ and in-
serting ‘‘either spouse or either domestic part-
ner (as the case may be),’’; and 
(2) in section 8957, by inserting ‘‘surviving do-
mestic partner,’’ after ‘‘surviving spouse,’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to contract years be-
ginning after the end of the 6-month period beginning on 
the date of the enactment of this Act. 
SEC. 404. ENHANCED VISION BENEFITS. 
(a) IN GENERAL.—Chapter 89B is amended— 
(1) in section 8986(a)— 
(A) by inserting ‘‘or domestic partner’’ 
after ‘‘a spouse’’; and 
(B) by striking ‘‘either spouse,’’ and in-
serting ‘‘either spouse or either domestic part-
ner (as the case may be),’’; and 
(2) in section 8987, by inserting ‘‘surviving do-
mestic partner,’’ after ‘‘surviving spouse,’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to contract years be-
ginning after the end of the 6-month period beginning on 
the date of the enactment of this Act. 
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SEC. 405. LONG-TERM CARE INSURANCE. 
(a) IN GENERAL.—Chapter 90 is amended— 
(1) in section 9001(5)— 
(A) in subparagraph (A), by striking ‘‘or 
(4).’’ and inserting ‘‘or (4) (and the domestic 
partner of an individual described in paragraph 
(1), (2), or (4) or of an individual who satisfies 
paragraph (3) by virtue of having been ap-
pointed to a position in the commissioned corps 
of the Public Health Service or the commis-
sioned corps of the National Oceanic and At-
mospheric Administration).’’; and 
(B) in subparagraph (C), by inserting ‘‘or 
of the domestic partner of such an individual,’’ 
after ‘‘(4),’’; and 
(2) in section 9002(e)(2)— 
(A) in the heading, by striking ‘‘SPOUSAL 
PARITY’’ and inserting the following: ‘‘PARITY 
FOR SPOUSE OR DOMESTIC PARTNER’’; and 
(B) by inserting ‘‘or domestic partner’’ 
after ‘‘spouse’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to calendar years be-
ginning after the end of the 6-month period beginning on 
the date of the enactment of this Act. 
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TITLE 
V—TRAVEL, 
TRANSPOR-
TATION, AND SUBSISTENCE 
SEC. 501. REIMBURSEMENT FOR TAXES INCURRED ON 
MONEY RECEIVED FOR TRAVEL EXPENSES. 
(a) IN GENERAL.—Section 5706c is amended— 
(1) in subsection (a), by striking ‘‘by an em-
ployee and such employee’s spouse (if filing joint-
ly),’’ and inserting ‘‘by an employee and such em-
ployee’s spouse (or, where allowable, such employee’s 
domestic partner), if filing jointly,’’; and 
(2) in subsection (b), by striking ‘‘employee and 
spouse, as the case may be,’’ and inserting ‘‘em-
ployee and spouse (or domestic partner), as the case 
may be’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to taxable years begin-
ning after the end of the 6-month period beginning on the 
date of the enactment of this Act. 
SEC. 502. RELOCATION EXPENSES OF EMPLOYEES TRANS-
FERRED OR REEMPLOYED. 
(a) IN GENERAL.—Section 5724a(b)(1)(A) is amend-
ed by striking ‘‘employee’s spouse’’ and inserting ‘‘employ-
ee’s spouse (or domestic partner)’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to expenses incurred 
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after the end of the 6-month period beginning on the date 
of the enactment of this Act. 
SEC. 503. TAXES ON REIMBURSEMENTS FOR TRAVEL, 
TRANSPORTATION, 
AND 
RELOCATION 
EX-
PENSES OF EMPLOYEES TRANSFERRED. 
(a) IN GENERAL.—Section 5724b(a) is amended— 
(1) by striking ‘‘by an employee and such em-
ployee’s spouse (if filing jointly),’’ and inserting ‘‘by 
an employee and such employee’s spouse (or, where 
allowable, such employee’s domestic partner), if fil-
ing jointly,’’; and 
(2) by striking ‘‘employee and spouse, as the 
case may be,’’ and inserting ‘‘employee and spouse 
(or domestic partner), as the case may be,’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to taxable years begin-
ning after the end of the 6-month period beginning on the 
date of the enactment of this Act. 
SEC. 504. RELOCATION EXPENSES OF AN EMPLOYEE WHO 
IS PERFORMING AN EXTENDED ASSIGNMENT. 
(a) IN GENERAL.—Section 5737(a)(4) is amended by 
inserting ‘‘(or domestic partner)’’ after ‘‘employee and 
spouse’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to expenses incurred 
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after the end of the 6-month period beginning on the date 
of the enactment of this Act. 
TITLE VI—COMPENSATION FOR 
WORK INJURIES 
SEC. 601. DEFINITIONS. 
Section 8101 is amended— 
(1) in paragraph (9), by inserting ‘‘children (in-
cluding adopted children) of a domestic partner,’’ 
after ‘‘adopted children,’’; 
(2) in paragraph (19), by striking ‘‘and’’ at the 
end; 
(3) in paragraph (20), by striking the period 
and inserting a semicolon; and 
(4) by adding after paragraph (20) the fol-
lowing: 
‘‘(21) ‘domestic partner’ means an individual 
who is in a domestic partnership with another indi-
vidual of the same sex, as determined by the Sec-
retary of Labor for purposes of this subchapter pur-
suant to regulations issued by the Secretary, in con-
sultation with the Director of the Office of Per-
sonnel Management, consistent with the require-
ments that— 
‘‘(A) both individuals are at least 18 years 
of age and competent to contract; 
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