Domestic Partnership Benefits and Obligations Act of 2009

Bill: 111-hr-2517
Sponsor: Rep. Baldwin, Tammy [D-WI-2]
Introduced: 2009-05-20 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Government employee pay, benefits, personnel management
Marriage and family status
Office of Personnel Management (OPM)
Sex, gender, sexual orientation discrimination

Summary:
action_date: 2009-05-20
text: 
Domestic Partnership Benefits and Obligations Act of 2009 - Provides that a federal employee and his or her domestic partner shall be entitled to benefits available to, and shall be subject to obligations imposed upon, a married federal employee and his or her spouse.
 
Defines &quot;domestic partner&quot; to mean an adult unmarried person living with another adult unmarried person of the same sex in a committed, intimate relationship. Defines &quot;benefits&quot; to include federal health insurance and enhanced dental and vision benefits, retirement and disability benefits, family, medical, and emergency leave, group life insurance, long-term care insurance, compensation for work injuries, and benefits for disability, death, or captivity. Excludes members of the uniformed services from the definition of &quot;employee.&quot;

Sets forth requirements for filing: (1) an affidavit of eligibility as such a domestic partner, which shall include a certification that the employee and the domestic partner are each other's sole domestic partners and intend to remain so indefinitely; and (2) a statement upon dissolution of such a domestic partnership.

action_date: 2010-01-22
text: 
Domestic Partnership Benefits and Obligations Act of 2009 - Extends specified federal employee benefits to domestic partners of federal employees.
 

Title I: Domestic Partnerships
 - (Sec. 101) Amends federal civil service law to provide that, in order to establish a domestic partnership with an individual for purposes of receiving federal employment benefits, an employee, former employee, or annuitant (employee) must file an affidavit attesting that: (1) both individuals are members of the same sex, at least age 18, and competent to contract; (2) the filing employee has notified the other individual of the filing of the affidavit attesting that their partnership satisfies the requirements of this section; (3) such individuals are in a domestic partnership with one another and intend to remain so indefinitely; (4) such individuals have a common residence or that such individuals do not have a common residence because of financial, employment-related, or other reasons identified in the affidavit; (5) neither individual is married to or in a domestic partnership with anyone outside the domestic partnership; (6) the two individuals share responsibility for a significant measure of each other's common welfare and financial obligations and are not related in any way that would prohibit legal marriage in the jurisdiction in which either individual resides if they were of the opposite sex; and (7) the employee understands that willful falsification of information set forth in the affidavit or failure to provide appropriate notification of the termination of the domestic partnership may lead to the recovery of amounts obtained as a result of such falsification or failure, criminal or other penalties, and (in appropriate cases) disciplinary action.
 
Prohibits any individual from using or having access to information obtained under this title for any purpose other than the administration of law to which this title applies.
 

Title II: Civil Service Retirement System - 
(Sec. 201) Defines "former domestic partner" for purposes of Civil Service Retirement System provisions to mean a former domestic partner of an individual if: (1) such individual performed at least 18 months of civilian service as an employee or Member; and (2) the former domestic partner was in a domestic partnership with such individual for at least nine months.
 
(Sec. 202) Requires the Office of Personnel Management (OPM) to prescribe regulations to provide that domestic partners and former domestic partners shall be considered as spouses or former spouses for purposes of creditable service determinations and related payments.
 
(Sec. 203) Requires that a domestic partner, former domestic partner, or surviving partner be considered as a spouse, former spouse, or surviving spouse for purposes of the election, computation, and termination of, or entitlement to, a survivor annuity.
 
(Sec. 204) Makes a surviving partner or former domestic partner eligible for a cost-of-living adjustment for an annuity.
 
(Sec. 205) Sets forth definitions of "surviving partner" and "former domestic partner" for purposes of provisions governing survivor annuities. Requires: (1) OPM to prescribe regulations for the treatment of children of a domestic partner in a manner consistent with the rules for stepchildren; and (2) a domestic partner, former domestic partner, surviving partner, or surviving domestic partner to be considered for purposes of entitlement to and computation, commencement, termination, and restoration of a survivor annuity in a manner consistent with existing provisions regarding such annuities
 
(Sec. 206) Adds "surviving partner" as the primary beneficiary for any payable lump-sum benefits in the event the employee or Member has not designated a different beneficiary or beneficiaries. Requires a domestic partner or former domestic partner to be notified or to consent to any payment in a manner consistent with existing provisions.
 
(Sec. 207) Applies provisions governing alternative forms of annuity benefits available for any employee or Member who has a life-threatening affliction or other critical medical condition at the time of retiring to individuals in domestic partnerships.
 
(Sec. 208) Requires the Director of Central Intelligence (DCI) to collect deposits made by domestic partners and former domestic partners in a manner consistent with existing provisions.
 
(Sec. 209) Provides for notifications of a domestic partner or former domestic partner under the Thrift Savings Plan.
 

Title III: Federal Employees' Retirement System - 
(Sec. 301) Defines "former domestic partner" to mean a former domestic partner of an individual if: (1) such individual performed at least 18 months of civilian service as an employee or Member; and (2) the former domestic partner was in a domestic partnership with such individual for at least nine months.
 
(Sec. 302) Requires OPM to provide that domestic partners and former domestic partners be considered as spouses or former spouses for purposes of creditable service determinations and payments.
 
(Sec. 303) Requires that a domestic partner, former domestic partner, or surviving domestic partner be considered as a spouse, former spouse, or surviving spouse for purposes of entitlement to, or reduction of, a survivor annuity.
 
(Sec. 304) Requires that a former domestic partner be considered as a former spouse for purposes of: (1) entitlement to a survivor annuity and a corresponding election and reduction to an employee or Member's annuity; and (2) any reduction in an annuity in a manner consistent with existing provisions.
 
(Sec. 306) Requires that a domestic partner or former domestic partner be considered as a spouse or former spouse for purposes of a reduction in an annuity or a termination of any such reduction in a manner consistent with existing provisions.
 
(Sec. 307) Requires that a domestic partner be considered as a spouse for purposes of the availability of an insurable interest reduction to an annuity.
 
(Sec. 308) Requires a domestic partner, surviving domestic partner, or former domestic partner to be considered for purposes of the availability of an alternative form of annuity.
 
(Sec. 309) Directs that a domestic partner or former domestic partner be considered as a spouse or former spouse for purposes of notification regarding a payable lump-sum benefit in a manner consistent with existing provisions. Requires any such benefit to be payable to a surviving partner in the event there is no beneficiary designated by the employee or Member.
 
(Sec. 310) Requires a domestic partner or former domestic partner to be considered as a spouse or former spouse for purposes of payment of an annuity.
 
(Sec. 311) Requires that domestic partners, former domestic partners, and surviving domestic partners be considered as spouses, former spouses, or surviving spouses for purposes of notification and other protections regarding withdrawals and elections by an employee or Member and for purposes of entitlement to and calculation of a survivor annuity. 
 
(Sec. 312) Directs that domestic partners of justices or judges be considered as spouses for purposes of rights relating to contributions to the Thrift Savings Fund. 
 
(Sec. 313) Defines "surviving partner" for purposes of Federal Employees' Retirement System provisions. Requires OPM to prescribe regulations for the treatment of children of a domestic partner in a manner consistent with the rules for stepchildren.
 
(Sec. 314) Requires that domestic partners or surviving partners be considered as spouses and surviving spouses for purposes of entitlement to and computation, commencement, termination, and payment of a survivor annuity or lump sum credit in a manner consistent with existing provisions.
 
(Sec. 315) Requires former domestic partners to be considered as former spouses for purposes of entitlement to and calculation, commencement, and termination of an annuity.
 
(Sec. 316) Requires the DCI to collect deposits made by domestic partners and former domestic partners in a manner consistent with existing provisions.
 
(Sec. 317) Requires that surviving partners be considered as surviving spouses for purposes of annuity cost-of-living increases.
 
(Sec. 318) Provides that a party of interest includes a domestic partner or domestic partner of a lineal descendant for purposes of provisions regarding fiduciary responsibilities, liability, and penalties.
 

Title IV: Insurance Benefits
 - (Sec. 401) Provides that a family member of an eligible individual includes a domestic partner, for purposes of federal employee life insurance benefits provisions. Requires that children of a domestic partner be treated as stepchildren. Requires a claim to be paid to a surviving domestic partner in the event an employee has not designated a different beneficiary. Requires a domestic partner to be considered as a spouse for purposes of optional life insurance plans.
 
(Sec. 402) Amends the definition of "family member" to include the domestic partner of an eligible enrollee for purposes of federal employee health insurance provisions (which allows a domestic partner of an employee, former employee, or annuitant to be enrolled in a Federal Employee Health Benefits plan under family coverage). Defines "former domestic partner" for such purposes. Requires that children of a domestic partner be treated as stepchildren. Adds "former domestic partner" to a list of individuals who must be covered by a plan in order for that plan to contract with OPM. 
 
Entitles a former domestic partner to direct access to care and to have payment or reimbursement in a manner consistent with existing provisions concerning a spouse. Provides that a former domestic partner may be considered as a former spouse for purposes of provisions governing debarment or other sanctions imposed on a carrier.
 
Authorizes OPM to contract for a service benefit plan that includes former domestic partners. Requires OPM to prescribe regulations to ensure parity of treatment in the election of health coverage to: (1) former spouses and former domestic partners; and (2) children of a marriage that has been dissolved and the children of a domestic partnership that has been terminated.
 
Makes a surviving domestic partner eligible to re-enroll in a health benefits plan under conditions consistent with existing provisions. Provides that domestic partners and former domestic partners be considered as spouses and former spouses for purposes of regulations issued by OPM regarding the beginning and ending dates of coverage under a health benefit plan.
 
(Sec. 403) Allows a domestic partner who is eligible to enroll in a federal employee dental or vision benefits plan both as an individual and as a family member to enroll as an employee, annuitant, or other eligible individual or as a family member, but not both. Makes a surviving domestic partner eligible to continue enrollment.
 
(Sec. 405) Makes a domestic partner a qualified relative for purposes of eligibility to obtain federal employee long-term care insurance coverage.
 

Title V: Travel, Transportation, and Subsistence
 - (Sec. 501) Grants the head of an agency authority to reimburse an employee for taxes incurred by an employee's domestic partner (where joint filing by the employee and a domestic partner is allowable) for: (1) travel or transportation reimbursement received; and (2) moving or storage expenses for which reimbursement is provided.
 
(Sec. 502) Grants an agency authority to pay the transportation expenses of the employee's domestic partner: (1) when the employee is transferred in the interest of the government; and (2) to seek a new residence at the employee's assignment location if the employee is assigned from the employee's official station to a duty station for a period of not less than 6 months and not greater than 30 months.
 

Title VI: Compensation for Work Injuries
 - (Sec. 601) Modifies the definition of "children" to include children and adopted children of a domestic partner, and defines "domestic partner" and "surviving partner," for purposes of federal employees' workers' compensation provisions.
 
(Sec. 602) Requires a death gratuity to be paid to the surviving partner of an employee who dies in connection with the employee's service with an armed force in a contingency operation. Provides that the children of a domestic partner may also be considered for purposes of the death gratuity.
 
(Sec. 603) Modifies the order of precedence to account for the surviving partner of an individual for purposes of any unpaid compensation at the time of death of an individual.
 
(Sec. 604) Adds "domestic partner" to the definition of "dependent" for purposes of augmented compensation.
 
(Sec. 605) Limits a domestic partner of an employee to exclusive remedies provided in the case of the death or injury of the employee if: (1) he or she is a member of the same household as the employee; (2) he or she is receiving regular contributions from the employee for his or her support; or (3) the employee has been ordered by a court to contribute to his or her support.
 
(Sec. 606) Modifies the order of precedence to account for the surviving partner of an individual for purposes of any compensation payable upon the death of an employee if the death results from an injury sustained in the performance of duty. 
 
(Sec. 607) Requires a surviving partner to be considered as a surviving spouse for purposes of a lump sum payment.
 
(Sec. 608) Grants the Secretary of Labor authority to issue regulations to carry out this title. Requires the Secretary to consult with the Director of OPM and the heads of other affected agencies to standardize the process for establishing the existence of a domestic partnership.
 
(Sec. 609) Makes this title generally effective on enactment of this Act and applicable to any injury or death occurring before, on, or after that date. Makes compensation payable, retroactive to the date of enactment, only with respect to any period commencing on or after the date of enactment. Provides that no recovery shall be made of compensation paid to an individual whose entitlement to compensation is terminated or reduced as a result of this title's enactment.
 

Title VII: Provisions Relating to Employment of Relatives and Other Matters 
 - (Sec. 701) Adds "domestic partner" to the list of relatives that full under restrictions on federal employment of relatives and related prohibitions. 
 
(Sec. 702) Provides that a surviving partner shall be considered as a surviving spouse for purposes of the order of precedence with respect to settlement of accounts of deceased federal employees.
 
(Sec. 703) Requires regulations regarding benefits for captives to ensure that a domestic partner is afforded the same status as a spouse.
 
(Sec. 704) Requires that regulations regarding compensation for disability or death ensure parity of treatment between a domestic partner and a spouse.
 
(Sec. 705) Includes a biological, adopted, or foster child of a domestic partner as a "son or daughter" for purposes of federal employee family and medical leave provisions. Allows an employee a total of 12 administrative workweeks of leave during any 12-month period to care for a domestic partner.
 

Title VIII: Additional Provisions
 - (Sec. 801) Requires the President to prescribe regulations necessary to ensure that specified provisions relating to the following are administered in a manner consistent with the purposes of this Act: (1) the Family and Medical Leave Act of 1993; (2) travel, transportation, and related payments and benefits under the Foreign Service Act of 1980 and for civilian employees of the Department of Defense (DOD); (3) certain benefits for members of the commissioned officer corps of the National Oceanic and Atmospheric Administration (NOAA); and (4) benefits related to federal employees or annuitants and benefits necessary to carry out the purposes of this Act.
 
 

Title IX: Amendment to the Ethics in Government Act of 1978 
 - (Sec. 901) Amends the Ethics in Government Act of 1978 to make an employee, former employee, or annuitant and the domestic partner of such employee, former employee, or annuitantsubject to specified legal provisions to the same extent as a married employee and his or her spouse, including provisions relating to financial disclosure requirements of federal personnel, government-wide limitations on outside earned income and employment, regulations for the conduct of executive branch employees, gifts to superiors and to federal employees, bribery, acceptance of travel expenses from nonfederal sources, taxes on self-dealing, and disqualification of a justice, judge, or magistrate judge.
 

Title X: Reporting Requirements
 - (Sec. 1001) Directs the President to transmit to specified congressional committees a report on this Act's implementation and a a description of any further measures that should be taken to carry out this Act, including recommended legislative or administrative action.
 
(Sec. 1002) Requires the Government Accountability Office (GAO) to report to such committees on: (1) the effects of this Act on premiums or other periodic charges under the Federal Employees Health Benefits Program; and (2) the impact of extending benefits to domestic partners on federal employee retention and recruitment efforts.


Legislative actions:
action_date: 2010-01-29
text: Placed on the Union Calendar, Calendar No. 239.
action_date: 2010-01-29
text: Committee on Judiciary discharged.
action_date: 2010-01-29
text: Committee on Judiciary discharged.
action_date: 2010-01-29
text: Committee on House Administration discharged.
action_date: 2010-01-29
text: Committee on House Administration discharged.
action_date: 2010-01-22
text: House Committee on Judiciary Granted an extension for further consideration ending not later than Jan. 29, 2010.
action_date: 2010-01-22
text: House Committee on House Administration Granted an extension for further consideration ending not later than Jan. 29, 2010.
action_date: 2010-01-22
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 111-400, Part I.
action_date: 2010-01-22
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 111-400, Part I.
action_date: 2009-11-18
text: Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 12.
action_date: 2009-11-18
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-07-30
text: Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 5 - 3 .
action_date: 2009-07-30
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2009-06-26
text: Referred to the Subcommittee on Federal Workforce, Post Office, and the District of Columbia.
action_date: 2009-06-12
text: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
action_date: 2009-05-20
text: Referred to House Judiciary
action_date: 2009-05-20
text: Referred to House Administration
action_date: 2009-05-20
text: 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 subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2009-05-20
text: Referred to House Oversight and Government Reform
action_date: 2009-05-20
text: Introduced in House
action_date: 2009-05-20
text: Introduced in House