[House Report 111-400]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-400
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
DOMESTIC PARTNERSHIP BENEFITS AND OBLIGATIONS ACT OF 2009
_______
January 22, 2010.--Ordered to be printed
_______
Mr. Towns, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2517]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 2517) to provide certain benefits
to domestic partners of Federal employees, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 23
Background and Need for Legislation.............................. 24
Legislative History.............................................. 25
Section-by-Section............................................... 26
Explanation of Amendments........................................ 37
Committee Consideration.......................................... 38
Roll Call Votes.................................................. 38
Application of Law to the Legislative Branch..................... 44
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 44
Statement of General Performance Goals and Objectives............ 44
Constitutional Authority Statement............................... 44
Federal Advisory Committee Act................................... 44
Unfunded Mandates Statement...................................... 44
Earmark Identification........................................... 45
Committee Estimate............................................... 45
Budget Authority and Congressional Budget Office Cost Estimate... 45
Changes in Existing Law Made by the Bill, as Reported............ 50
Minority Views................................................... 109
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Domestic Partnership
Benefits and Obligations Act of 2009''.
(b) References.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or a repeal of, a section 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.
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 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.
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:
``Sec. 2110. Domestic partnerships
``(a) Establishment.--To establish the existence of a domestic
partnership, between an employee, former employee, 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 attesting that their partnership
satisfies the requirements of this subsection.
``(4) Such individuals are in a domestic partnership with one
another and intend to remain so indefinitely.
``(5) Such individuals--
``(A) have a common residence; or
``(B) do not have a common residence because of
financial, employment-related, or other reasons, as
identified in the affidavit.
``(6) Neither individual is married to or in a domestic
partnership with anyone outside of the domestic 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 individual resides.
``(9) The filing employee, former employee, or annuitant (as
the case may be) 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 (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 employee, or
annuitant as of the time of filing. No 2 individuals shall, for
purposes of the provisions of law to which this section applies, be
treated as being in a domestic partnership with one another unless
there is in effect, in accordance 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 provisions of law to
which this section applies, the term `domestic 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 Guard (as described in section 2105(c)), an employee of the
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
designee thereof), but does not include a technician (within the
meaning of section 8337(h) or, notwithstanding 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 individual 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 subsection (a) for
any purpose other than the administration 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 examine or otherwise gain access
to any such information, except for--
``(A) an individual who needs such information for a
purpose that satisfies paragraph (1); or
``(B) a member of the domestic partnership to which
the information pertains or an authorized
representative thereof.
``(f) Applicability.--This section applies for purposes 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
(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 inserting ``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 partner)''
after ``the spouse'' each place it appears;
(ii) by inserting ``(or has a domestic
partner)'' after ``is married''; and
(iii) by inserting ``(or domestic
partner'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
domestic 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
terminated),'';
(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
domestic partner).''; and
(v) by amending the next to last sentence to
read as follows: ``In the case of a retired
employee or Member whose annuity is being
reduced in order to provide a survivor 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
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 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 partnership of the domestic
partner) to the employee or Member,
except that an appropriate reduction shall be made thereafter 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 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 another 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
domestic partner with whom the employee 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 annuity 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 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 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 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 employee's or Member's annuity was terminated 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 payment 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 equivalent 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 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 dissolution 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 subparagraph, 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--
``(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 employee or
Member under such subsection (k)(1) with 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 election 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 partner)''
after ``spouse'' each place it appears;
(B) in paragraph (2)--
(i) by striking the matter before
subparagraph (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 reduced annuity with a survivor annuity
payable to such employee'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 Office--
``(i) within 2 years after such employee or Member 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 surviving former
domestic partner),
a reduction in the retired employee or Member's current annuity 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).'';
(iii) in subparagraph (B)(ii), by inserting
``(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 following
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 paragraph (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)--
(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 surviving 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
insurable interest designee''; and
(B) in subparagraph (B)(ii), by striking ``a widow,
widower, former spouse, or insurable interest
designee'' and inserting ``a widow, widower, 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 following:
``(3) `surviving partner' means the surviving domestic
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 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)--
(i) by striking ``widow or widower'' each
place it appears and inserting ``widow or
widower (or surviving partner)''; and
(ii) by striking ``remarriage,'' and
inserting ``remarriage (or entry into a
subsequent 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
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 widower (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 employee or Member who completed less
than 18 months of service covered by this subchapter; and
``(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 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 appears and inserting ``a
spouse or former spouse (or a domestic partner or
former domestic partner)'';
(C) in paragraph (3)--
(i) in subparagraph (E), by striking ``dies
or marries;'' and inserting ``dies, marries, or
enters into a domestic partnership;''; and
(ii) in the matter following subparagraph
(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
(D) in paragraph (4), by striking ``marriage, then,
if such marriage'' and inserting ``marriage, then, if
such marriage (or a domestic partnership, then, if such
domestic partnership)'';
(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 percent of the
deferred annuity of the Member commencing on the day after the
Member dies and terminating 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 partner) 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 payable under this
subsection to the surviving spouse (or surviving domestic partner) of a
Member may not exceed the difference between--
``(A) the annuity which would otherwise be payable to such
surviving spouse (or such surviving domestic partner) under
this subsection, and
``(B) the amount of the survivor annuity payable 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 terminated because of
remarriage (or entry into a subsequent domestic partnership) before
becoming 55 years of age, annuity 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 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 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 exceed the difference between--
``(i) the amount applicable in the case of such former spouse
(or former domestic partner), as determined 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 subparagraph (A)(i) in
the case of a former spouse (or former domestic 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 deceased 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 partner), if the deceased
was an employee or Member described in the first sentence of
such subsection; or
``(iii) under subparagraph (A) of subsection (f) in the case
of a surviving spouse (or surviving domestic partner), if the
deceased was a Member described in the first sentence of such
subsection.
``(3) The commencement and termination of an annuity 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
``(ii) the first day of the second month beginning
after the date on which the Office receives written
notice of the order, decree, agreement, or election, as
the case may be, together with such additional
information or documentation 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 partnership) 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 domestic 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 retirement or
death of the employee or Member concerned, and
``(B) to the extent that such modification involves 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 Commonwealth of Puerto Rico, Guam,
the Northern Mariana Islands, 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 surviving 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 qualify
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 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 married to (or in a
domestic partnership with) the individual that was subsequently
dissolved (or terminated), and the aggregate time married (or
in a domestic 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 domestic 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 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 BENEFICIARY; 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 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 domestic
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''.
SEC. 209. PARTICIPATION IN THE THRIFT SAVINGS PLAN.
Section 8351(b)(5) is amended--
(1) in subparagraphs (A), (B), and (C), by inserting ``(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 partnership)''; and
(3) in subparagraph (D), by inserting ``(or domestic partner
or former domestic partner)'' after ``spouse or former
spouse''.
TITLE III--FEDERAL EMPLOYEES' 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
``(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 domestic
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 current domestic
partner'' after ``spouse'';
(2) in subsection (a)--
(A) by inserting ``(or in a domestic partnership)''
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 follows:
``(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 annuity 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 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 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 partner) 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 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 employee or
Member under section 8420 with respect to a different
individual, prospectively void such election 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 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 Member marries
(or enters into a 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 domestic partner) of such employee
or Member who was entitled to a survivor annuity under
section 8445,
``(ii) if more than 1, the death or remarriage 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 employee or
Member, in accordance with section 8419(a).''; and
(B) in paragraph (2), by striking ``marriage.'' and
inserting ``marriage (or domestic partnership).''; and
(5) in subsection (d)(1)--
(A) by inserting ``(or in a domestic partnership)''
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--
(1) in the catchline, by inserting ``or a former domestic
partner'' after ``former spouse'' ;
(2) in subsection (a), by inserting ``(or a former domestic
partner)'' after ``former spouse'';
(3) in subsection (b)--
(A) in paragraph (1), by inserting ``(or former
domestic partner)'' after ``former spouse'' each place
it appears;
(B) by amending paragraph (2) to read as follows:
``(2) An election under this subsection shall be made at the time of
retirement or, if the marriage is dissolved (or the domestic
partnership is terminated) after the date of retirement, within 2 years
after the date on which the marriage of the former spouse to the
employee or Member is so dissolved (or the domestic partnership of the
former domestic partner with the employee or Member is so
terminated).''; and
(C) in paragraph (3)--
(i) in subparagraph (A)(ii), by inserting
``(or a surviving partner)'' after ``a widow or
widower''; and
(ii) by amending subparagraph (B) to read as
follows:
``(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 follows:
``(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 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 marriage 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 entitled, 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 subsequent domestic partnership) before reaching age 55
or dies. This reduction shall be replaced by appropriate reductions
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 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
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 domestic 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 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)--
(A) in the matter before subparagraph (A), by
inserting ``(or in a domestic partnership)'' after
``married''; and
(B) in subparagraph (B), by striking ``surviving
spouse.'' and inserting ``surviving spouse (or
surviving domestic partner).'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``married,'' 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 domestic
partnership)'' after ``married''.
SEC. 309. LUMP-SUM BENEFITS; DESIGNATION OF BENEFICIARY; 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
(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 domestic
partner)''; and
(B) in paragraph (2), by striking ``spouse or former
spouse'' each place it appears and inserting ``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 surviving partner)''.
SEC. 310. ANNUITIES: METHODS OF PAYMENT; ELECTION; PURCHASE.
Section 8434(a)(2) is amended--
(1) in subparagraph (B), by inserting ``(or domestic
partner)'' after ``spouse''; and
(2) in subparagraph (E)(i), by inserting ``(or former
domestic partner)'' after ``former spouse''.
SEC. 311. PROTECTIONS FOR SPOUSES, DOMESTIC PARTNERS, FORMER SPOUSES,
AND FORMER DOMESTIC PARTNERS.
(a) In General.-- Section 8435 is amended--
(1) in the catchline, by striking ``spouses and former
spouses'' and inserting ``spouses, domestic 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 domestic
partner's)'' after ``spouse's'' each place it appears;
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``(or surviving domestic
partner)'' after ``surviving spouse'' each
place it appears; and
(ii) by inserting ``(or in a domestic
partnership)'' after ``married''; and
(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 inserting ``(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 subparagraph (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
(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 domestic
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 inserting 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 months immediately before the
death of such employee, Member, or annuitant, or former
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;'';
(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 prescribed to carry out section 8901(5)(B) in similar
circumstances shall apply.''.
SEC. 314. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING PARTNER.
(a) In General.--Section 8442 is amended--
(1) in the catchline, 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 ``marriage''; and
(C) in paragraph (2), by inserting ``(or domestic
partner)'' after ``spouse'' each place it appears;
(3) in subsection (b), by inserting ``(or surviving
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 surviving
partner with whom in a domestic partnership)'' 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)'';
(5) in subsection (d)--
(A) by striking ``widow or widower'' each place it
appears and inserting ``widow or widower (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 dissolved by
death, divorce, or annulment,'' and inserting
``remarriage is dissolved by death, divorce,
annulment (or subsequent domestic partnership
is terminated),'';
(iii) in subparagraph (A), by striking
``remarriage;'' and inserting ``remarriage (or
entry into a subsequent domestic
partnership);''; and
(D) in paragraph (3)--
(i) by inserting ``or entry into a subsequent
domestic partnership'' after ``remarriage'';
and
(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 partnership
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 married to (or in a
domestic partnership with) the individual that was subsequently
dissolved (or terminated), and the aggregate time married (or
in a domestic partnership) is at least 9 months.'';
(7) in subsection (g), by striking ``widow or widower'' and
inserting ``widow, widower, or surviving partner'' each place
it appears; and
(8) in subsection (h)--
(A) by striking ``widow or widower'' each place it
appears and inserting ``widow or widower (or surviving
partner)''; and
(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 DOMESTIC PARTNER.
(a) In General.--Section 8445 is amended--
(1) in the catchline, 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 partner)''
after ``former spouse'' each place it appears; 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 remarries'';
(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 follows:
``(h)(1) Subsection (c)(2), to the extent that it provides 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 former spouse (or former domestic partner) was married to (or in
a domestic 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 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
purposes 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 MANAGEMENT.
Section 8461(j)(1)(D) is amended by striking ``such employees, their
spouses, their former spouses, and their survivors'' and inserting
``such employees and their spouses, domestic partners, former spouses,
former domestic 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: ``survivor, 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 subparagraph (A)),
by inserting ``(or surviving partner)'' 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), sibling,
ancestor, lineal descendant, or spouse (or domestic
partner) of a lineal descendant of a person described
in subparagraph (A), (B), or (D);''.
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 partner has a child
by a previous marriage, domestic partnership (as defined under
regulations of the Office of Personnel 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 surviving domestic
partner'' after ``widow or widower''; and
(3) in section 8714c(b)(1)(A), by striking ``spouse;'' and
inserting ``spouse or domestic partner;''.
(b) Effective Date.--The amendments made by this section shall apply
with respect to calendar years beginning 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--
(1) in paragraph (5) (in the matter before subparagraph (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 following:
``(11) `former domestic partner' means a domestic partner--
``(A) whose domestic partnership with an employee,
former employee, or annuitant has terminated,
``(B) who has not entered into another domestic
partnership before age 55 after the domestic
partnership to the employee, former employee, 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
``(D)(i) who is receiving any portion of a survivor
annuity under section 8341(h) or 8445 (or benefits
similar to either of the aforementioned annuity
benefits under a retirement system 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 annuity or
any portion of an annuity as a former domestic 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 redesignated by
paragraph (3)), as a flush left sentence, the following:
``For purposes of paragraph (5), in the case of an employee or
annuitant whose domestic partner has a child by a previous marriage,
domestic partnership (as defined under regulations of the Office of
Personnel Management), or otherwise, such child shall, unless adopted
by such individual, be treated as a stepchild of such individual.''.
(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:
``(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 partnership 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 inserting
``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 treatment is afforded--
``(1) to former spouses and former domestic partners; and
``(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 Survivor or Disability
Annuitants.--Section 8908(b) is amended--
(1) by inserting ``or surviving domestic partner'' 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 inserting ``former
spouses, and former domestic partners''; 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 beginning 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)--
(A) by inserting ``or domestic partner'' after ``a
spouse''; and
(B) by striking ``either spouse,'' and inserting
``either spouse or either domestic partner (as the case
may be),''; and
(2) in section 8957, by inserting ``surviving domestic
partner,'' after ``surviving spouse,''.
(b) Effective Date.--The amendments made by this section shall apply
with respect to contract years beginning 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 inserting
``either spouse or either domestic partner (as the case
may be),''; and
(2) in section 8987, by inserting ``surviving domestic
partner,'' after ``surviving spouse,''.
(b) Effective Date.--The amendments made by this section shall apply
with respect to contract years beginning after the end of the 6-month
period beginning on the date of the enactment of this Act.
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 appointed to a position in the
commissioned corps of the Public Health Service or the
commissioned corps of the National Oceanic and
Atmospheric 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 beginning after the end of the 6-month
period beginning on the date of the enactment of this Act.
TITLE V--TRAVEL, TRANSPORTATION, 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 employee and such
employee's spouse (if filing jointly),'' and inserting ``by an
employee and such employee'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 ``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 beginning after the end of the 6-month
period beginning on the date of the enactment of this Act.
SEC. 502. RELOCATION EXPENSES OF EMPLOYEES TRANSFERRED OR REEMPLOYED.
(a) In General.--Section 5724a(b)(1)(A) is amended by striking
``employee's spouse'' and inserting ``employee's spouse (or domestic
partner)''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to expenses incurred 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 EXPENSES OF EMPLOYEES TRANSFERRED.
(a) In General.--Section 5724b(a) is amended--
(1) by striking ``by an employee and such employee's spouse
(if filing jointly),'' and inserting ``by an employee and such
employee's spouse (or, where allowable, such employee's
domestic partner), if filing 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 beginning 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 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 (including
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 following:
``(21) `domestic partner' means an individual who is in a
domestic partnership with another individual of the same sex,
as determined by the Secretary of Labor for purposes of this
subchapter pursuant to regulations issued by the Secretary, in
consultation with the Director of the Office of Personnel
Management, consistent with the requirements that--
``(A) both individuals are at least 18 years of age
and competent to contract;
``(B) both individuals intend to remain in the
domestic partnership indefinitely;
``(C) such individuals--
``(i) have a common residence; or
``(ii) do not have a common residence because
of financial, employment-related, or other
reasons;
``(D) neither individual is married to or in a
domestic partnership with anyone outside of the
domestic partnership referred to in subparagraph (B);
``(E) the 2 individuals share responsibility for a
significant measure of each other's common welfare and
financial obligations;
``(F) 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 of
them resides;
``(G) at least 1 of them is an employee or an
individual otherwise eligible for coverage under this
subchapter based on such individual's employment or
other service; and
``(H) both individuals understand that willful
falsification of information within the affidavit or
failure to provide appropriate notification of the
termination of the domestic partnership may lead to the
recovery of the amounts obtained as a result of such
falsification or failure (as the case may be), criminal
or other penalties, and (in appropriate circumstances)
disciplinary action; and
``(22) `surviving partner' means the domestic partner living
with or dependent for support on the decedent at the time of
his or her death, or living apart for reasonable cause or
because of his or her desertion.''.
SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION WITH
EMPLOYEE'S SERVICE WITH AN ARMED FORCE.
Section 8102a(d) is amended--
(1) in paragraph (1)(A), by striking ``surviving spouse.''
and inserting ``surviving spouse (or surviving partner).''; and
(2) in paragraph (2)(C), by inserting ``(including children
of a domestic partner)'' after ``stepchildren''.
SEC. 603. BENEFICIARIES OF AWARDS UNPAID AT DEATH; ORDER OF PRECEDENCE.
Section 8109(a)(D) is amended--
(1) in clause (i), by striking ``the widow or widower.'' and
inserting ``the widow or widower (or the surviving partner).'';
(2) in clause (ii)--
(A) by inserting ``(or a surviving partner)'' after
``a widow or widower''; and
(B) by inserting ``(or the surviving partner)'' after
``the widow or widower''; and
(3) in clause (iii), by striking ``no widow or widower,'' and
inserting ``no widow or widower (and no surviving partner),''.
SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS.
Section 8110(a) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (4) the following:
``(5) a domestic partner, if--
``(A) he or she is a member of the same household as
the employee;
``(B) he or she is receiving regular contributions
from the employee for his or her support; or
``(C) the employee has been ordered by a court to
contribute to his or her support.''.
SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSATION.
Section 8116(c) is amended by striking ``spouse,'' and inserting
``spouse (or domestic partner),''.
SEC. 606. COMPENSATION IN CASE OF DEATH.
Section 8133 is amended--
(1) in subsection (a)--
(A) in paragraphs (1) and (2), by striking ``the
widow or widower,'' and inserting ``the widow or
widower (or the surviving partner),''; and
(B) in paragraph (2), by inserting ``(or the
surviving partner)'' after ``for the widow or
widower'';
(C) in paragraph (3), by striking ``no widow or
widower,'' and inserting ``no widow or widower (and no
surviving partner),''; and
(D) in paragraphs (4) and (5), by inserting
``surviving partner,'' after ``widow, widower,'' each
place it appears; and
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) a widow or widower dies or remarries (or a surviving
partner dies or enters into a subsequent domestic partnership)
before reaching age 55;''; and
(B) in the last sentence--
(i) by inserting ``(or surviving partner)''
after ``widow or widower''; and
(ii) by inserting ``(or more than one
domestic partner)'' after ``husband or wife''.
SEC. 607. LUMP-SUM PAYMENT.
Section 8135(b) is amended to read as follows:
``(b) On remarriage (or entry into a subsequent domestic partnership)
before reaching age 55 a widow or widower (or surviving partner)
entitled to compensation under section 8133 of this title, shall be
paid a lump sum equal to twenty-four times the monthly compensation
payment (excluding compensation on account of another individual) to
which that individual was entitled immediately before the remarriage
(or subsequent domestic partnership).''.
SEC. 608. REGULATIONS.
(a) In General.--The Secretary of Labor may prescribe regulations to
carry out this title and the amendments made by this title.
(b) Consultation.--The Secretary of Labor shall consult with the
Director of the Office of Personnel Management and the heads of any
other agencies whose programs are affected by this Act in order to
standardize, to the extent possible, the process for establishing the
existence of a domestic partnership under each such program.
SEC. 609. EFFECTIVE DATE.
(a) In General.--Subject to succeeding provisions of this section,
this title and the amendments made by this title--
(1) shall take effect on the date of enactment of this Act;
and
(2) shall apply with respect to any injury or death occurring
before, on, or after such date of enactment.
(b) Timely Claim Required; Limitation on Payments.--No compensation
shall be payable, by virtue of the enactment of this title--
(1) unless timely claim therefor is filed in accordance with
the provisions of sections 8122 or 8193 of title 5, United
States Code (as applicable), and subsection (c); or
(2) with respect to any period commencing before the date of
enactment of this Act.
(c) Allowability of Claims.--In the case of an original claim for
compensation for a disability or death that occurred before the date of
enactment of this Act (and which would not otherwise be payable, but
for the enactment of the amendments made by this title)--
(1) such claim shall not be allowed if, as of such date of
enactment, a claim based on such disability or death would no
longer be timely (determined in accordance with such section
8122 or 8193 (as applicable), before the application of
paragraph (2)); and
(2) the timeliness of any such claim, if not precluded by
paragraph (1), shall be determined--
(A) by applying the provisions of such section 8122
or 8193 (as applicable); and
(B) as if the time limitations of such section 8122
or 8193 (as applicable) did not begin to run until the
date on which implementing regulations under section
608 become effective.
(d) Payments for Prior Periods Not Affected.--No recovery shall be
made of compensation paid to any individual whose entitlement to
compensation is terminated or reduced as a result of the enactment of
this title.
TITLE VII--PROVISIONS RELATING TO EMPLOYMENT OF RELATIVES AND OTHER
MATTERS
SEC. 701. EMPLOYMENT OF RELATIVES; RESTRICTIONS.
Section 3110(a)(3) is amended by inserting ``domestic partner,''
after ``husband, wife,''.
SEC. 702. SETTLEMENT OF ACCOUNTS.
(a) Definition.--Section 5581 is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking ``by Federal statute.'' at
the end and inserting ``by Federal statute; and''; and
(3) by adding at the end the following:
``(3) `surviving partner' has the meaning given it by
sections 8341 and 8441, respectively.''.
(b) Order of Precedence.--Section 5582(b) is amended by inserting
``(or surviving partner)'' after ``widow or widower''.
SEC. 703. BENEFITS FOR CAPTIVES.
Section 5569(j) is amended by adding at the end the following: ``Such
regulations shall include provisions to ensure that, in the
administration of this section, a domestic partner shall be afforded
the same status as a spouse.''.
SEC. 704. COMPENSATION FOR DISABILITY OR DEATH.
Section 5570 is amended by adding at the end the following:
``(h) Regulations to carry out this section shall include provisions
to ensure that, in the administration of this section, a domestic
partner shall be afforded the same status as a spouse.''.
SEC. 705. FAMILY AND MEDICAL LEAVE.
(a) Definition.--Section 6381(6) is amended (in the matter before
subparagraph (A)), by inserting ``or a biological, adopted, or foster
child of the domestic partner of the employee,'' before ``who is''.
(b) Leave Requirement.--Section 6382 is amended in subsections
(a)(1)(C) and (e)(2)(A) by striking ``spouse,'' and inserting ``spouse
(or domestic partner),''.
(c) Certification.--Section 6383 is amended in subsections (a) and
(b)(4)(A) by striking ``spouse,'' each place it appears and inserting
``spouse (or domestic partner),''.
TITLE VIII--ADDITIONAL PROVISIONS
SEC. 801. APPLICABILITY.
This title applies with respect to--
(1) benefits in the nature of family, medical, and emergency
leave, as provided for under--
(A) the Family and Medical Leave Act of 1993 (29
U.S.C. 2601 et seq.), insofar as that Act applies to
the Government Accountability Office and the Library of
Congress;
(B) section 202 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1312); or
(C) section 412 of title 3, United States Code;
(2) travel, transportation, and related payments and
benefits, as provided for under--
(A) chapter 9 of title I of the Foreign Service Act
of 1980 (22 U.S.C. 4081 et seq.); or
(B) section 1599b of title 10, United States Code;
(3) benefits for members of the commissioned officer corps of
the National Oceanic and Atmospheric Administration, as
provided for under--
(A) section 261 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
Act of 2002 (33 U.S.C. 3071); or
(B) any other provisions of title 10, United States
Code (apart from those made applicable by the provision
of law cited in subparagraph (A)); and
(4) benefits, provided for under any other provisions of law,
which (as determined by the President or a designee)--
(A) relate to employees or annuitants (as those terms
are defined by section 2110 of title 5, United States
Code); and
(B) are necessary to carry out the purposes of this
Act with respect to benefits.
SEC. 802. REGULATIONS.
The President (or designee) shall prescribe any regulations necessary
to ensure that the provisions of law identified in or under section 801
are administered in a manner consistent with the purposes of this Act.
TITLE IX--AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978
SEC. 901. AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978.
The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by
adding at the end of title I the following:
``domestic partners
``Sec. 112. (a) An employee, former employee, or annuitant and the
domestic partner of such employee, former employee, or annuitant (as
the case may be) shall be subject to the provisions of law cited in
subsection (b) to the same extent and in the same manner as in the case
of a married employee, former employee, or annuitant and the spouse of
such employee, former employee, or annuitant (as the case may be).
``(b) The provisions of law cited in this subsection are as follows:
``(1) The preceding provisions of this title (relating to
financial disclosure requirements of Federal personnel) and the
provisions of title V (relating to Government-wide limitations
on outside earned income and employment).
``(2) Regulations prescribed under section 7301 of title 5,
United States Code (relating to regulations for the conduct of
employees in the executive branch).
``(3) Section 7351 of title 5, United States Code (relating
to gifts to superiors).
``(4) Section 7353 of title 5, United States Code (relating
to gifts to Federal employees).
``(5) Chapter 11 of title 18, United States Code (relating to
bribery, graft, and conflicts of interest).
``(6) Section 7342 of title 5, United States Code (relating
to receipt and disposition of foreign gifts and decorations).
``(7) Section 1353 of title 31, United States Code (relating
to acceptance of travel and related expenses from non-Federal
sources).
``(8) Sections 4941 and 4946 of the Internal Revenue Code of
1986 (relating to taxes on self-dealing and definitions and
special rules).
``(9) Section 455 of title 28, United States Code (relating
to disqualification of justice, judge, or magistrate judge).
``(c) For purposes of this section, the term `domestic partner' has
the meaning given such term by section 2110 of title 5, United States
Code.''.
TITLE X--REPORTING REQUIREMENTS
SEC. 1001. REPORT OF THE PRESIDENT.
Not later than 6 months after the date of the enactment of this Act,
the President shall transmit to the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate--
(1) a report on the implementation of this Act, including the
amendments made by this Act; and
(2) a description of any further measures that should be
taken in order to carry out the purposes of this Act, including
recommendations for any legislation or administrative action
that may be necessary.
SEC. 1002. GAO REPORT.
Not later than 2 years after the date of the enactment of this Act,
the Government Accountability Office shall transmit to the Committee on
Oversight and Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report on the effect that this Act and any amendments made by this Act
have had on premiums or any other periodic charges payable by enrollees
under chapter 89 of title 5, United States Code (relating to the
Federal employees health benefits program), and the impact of extending
benefits to domestic partners on the employee retention and recruitment
efforts by the Federal government.
Purpose and Summary
H.R. 2517, the ``Domestic Partnership Benefits and
Obligations Act'', was introduced on May 20, 2009, by
Representatives Tammy Baldwin (D-WI) and Ileana Ros-Lehtinen
(R-FL). The legislation would make available certain employment
benefits to federal employees, former employees, and annuitants
in same sex domestic partnerships.
In order to receive benefits, the legislation would require
a federal employee, former employee, or annuitant with a same
sex domestic partner to certify that the relationship satisfies
certain criteria for establishing a domestic partnership under
the Act. Once a domestic partnership is established, the
employee and the domestic partner of the employee would be
eligible to receive employment benefits, including health care
insurance under the Federal Employee Health Benefits Plan. The
employee and the domestic partner of the employee would also be
subject to the same ethical and financial obligations that
apply to a married federal employee and his or her spouse. As
amended, H.R. 2517 would also require the administration within
6 months to report to Congress on the implementation of the
Act, and provide recommendations for additional measures that
may be necessary in order to carry out the purposes of the Act.
Background and Need for Legislation
H.R. 2517 would make employment benefits available to
federal employees, former employees, and annuitants in same sex
domestic partnerships. Many federal benefits that are currently
available to married federal employees, such as health
insurance or survivor retirement benefits, among others, are
not offered to gay and lesbian federal employees and their
domestic partners. On June 17, 2009, President Obama issued a
memorandum to all government agencies instructing them to
identify and report back to the Office of Personnel Management
on any benefits that may be made available, under existing
statutory authority, to federal employees with same sex
domestic partners. The President noted, however, that extending
many important employment benefits, such as health care, would
require legislative action, and endorsed passage of H.R. 2517
to ensure equal treatment of all federal employees in health
care coverage and other important benefit areas.\1\
---------------------------------------------------------------------------
\1\See Statement by the President on the Presidential Memorandum on
Federal Benefits and Non-Discrimination, and Support of the Lieberman-
Baldwin Benefits Legislation. (June 17, 2009) http://
www.whitehouse.gov/the_press_office/Statement-by-the-President-on-the-
Presidential-Memorandum-on-Federal-Benefits-and-Non-Discrimination-and-
Support-of-the-Lieberman-Baldwin-Benefits-Legislation/ (last viewed
Nov. 23, 2009).
---------------------------------------------------------------------------
In extending these benefits to employees in same sex
domestic partnerships, H.R. 2517 is intended to provide for the
equitable treatment of all employees in the civil service. The
legislation will allow the federal government to uphold the
merit system principle that equal pay be provided for equal
work. It will ensure that the federal government is able to
maintain its role as a model employer in the United States, and
it will help the government attract the best and brightest
Americans to Federal service.
According to the Bureau of Labor Statistics, nearly 13% of
an employee's compensation comes in the form of insurance and
retirement benefits. When these benefits are made available to
members of an employee's family or household, it significantly
increases the overall compensation received by the employee.
Accordingly, a gay or lesbian civilian employee performing the
same job, with identical duties, at the same pay grade,
ultimately receives tens of thousands of dollars less in
compensation than his or her married counterpart over the
course of a career. It is difficult to square this reality with
the merit system principle that requires ``equal pay for equal
work.''\2\
---------------------------------------------------------------------------
\2\See 5 U.S.C. Sec. 2301(b)(3).
---------------------------------------------------------------------------
Moreover, as the nation's largest civilian employer, the
federal government has historically been a leader in offering
benefits to its employees and fostering an equitable workplace.
However, when it comes to offering domestic partner benefits,
the federal government is clearly lagging behind other public
and private sector employers. For example, the number of
Fortune 500 companies that extend benefits to employees with
same-sex partners has grown significantly from forty-six
companies (9%) in 1997 to two hundred and eighty-six companies
(57%) in 2009.\3\ Furthermore, almost 10,000 employers
nationally offer benefits to domestic partners. Over five
hundred of these employers are in the public sector. These
employers include 23 State governments and the District of
Columbia, over 150 local governments, and hundreds of
educational institutions and non-profit entities.
---------------------------------------------------------------------------
\3\Human Rights Campaign Foundation, The State of the Workplace for
Gay, Lesbian, Bi-sexual, and Transgender Americans, 2009.
---------------------------------------------------------------------------
As these statistics indicate, providing domestic partner
benefits not only fosters a more equitable work environment,
but makes good business sense. As the federal government
prepares for a wave of upcoming retirements and competes for
talent in the private sector, its recruitment and retention
efforts similarly will be enhanced by taking this step toward a
more progressive, equitable work environment.
H.R. 2517 will provide federal employees with same-sex
domestic partners access to the major federal employee benefit
programs, including health insurance, retirement and
disability, dental and vision, group life insurance, long-term
care insurance, compensation for work injuries, family and
medical leave, travel and transportation, benefits for
disability, death, and captivity, and other family benefits. In
addition, employees and their domestic partners would assume
the same obligations as those that apply to married employees
and their spouses, such as financial disclosure requirements,
conflict of interest, and anti-nepotism rules.\4\
---------------------------------------------------------------------------
\4\As Rep. Baldwin noted in testimony before the Federal Workforce
Subcommittee, she is not required to disclose the financial interests
of her partner, as is required of married Members of Congress and other
government officials. ``Surely, the public interest requires that
[financial disclosure and conflict of interest] obligations apply also
to partners of gay and lesbian office holders.''
---------------------------------------------------------------------------
Legislative History
The Subcommittee on Federal Workforce, Postal Service, and
the District of Columbia held a hearing on the legislation on
July 8, 2009.\5\ At the hearing, the Office of Personnel
Management testified that a number of technical changes and
corrections were needed in order to guarantee the general
applicability of the bill's provisions across all categories of
personnel benefits, and to provide for practical administration
of the benefits. Moreover, the hearing revealed that the bill,
as introduced, would not extend domestic partnership benefits
to current annuitants, and that there was ambiguity as to
whether the bill would permit current employees to carry the
same benefits into retirement.
---------------------------------------------------------------------------
\5\The Subcommittee heard testimony from the Honorable Tammy
Baldwin; Office of Personnel Management Director John Berry; M. V. Lee
Badgett, Research Director of the Williams Institute on Sexual
Orientation Law and Public Policy at the UCLA School of Law; Gregory A.
Franklin, Assistant Executive Officer, Health Benefit Services,
California Public Employees' Retirement System; Ambassador Michael
Guest, former career Foreign Service officer; Rev. Lorilyn (Candy)
Holmes; Frank S. Page, Ph.D., and; Carolyn E. Wright, Vice President,
Corporate Human Resources, American Airlines.
---------------------------------------------------------------------------
On July 24, 2009, the Federal Workforce Subcommittee
ordered that H.R. 2517 be reported to the full Committee by a
5-3 vote. At the business meeting, the Subcommittee adopted an
amendment, offered by Chairman Lynch, providing for these
technical changes to the bill and clarifying the applicability
of its provisions with regard to future and current retirees.
The Subcommittee did not adopt an amendment that would have
made the bill's provisions applicable to employees with
opposite sex domestic partners.\6\
---------------------------------------------------------------------------
\6\The Committee believes that providing domestic partner benefits
to same sex couples takes an important first step toward a more
inclusive federal workplace, is manageable from a cost perspective, and
addresses the inequality currently facing employees in committed, same
sex relationships. In addition, federal employees living with opposite
sex domestic partners have the option of marriage, which would entitle
the employee and his or her spouse to the receipt of these benefits.
Same sex partners may only get married in a handful of states. Even in
these cases, the federal government does not recognize the marriage
because of the Defense of Marriage Act (DOMA). H.R. 2517 does not
affect DOMA. Therefore, under current OPM guidelines, same sex
partners, even where married, are ineligible to receive these benefits
as spousal benefits.
---------------------------------------------------------------------------
The Senate Committee on Homeland Security and Governmental
Affairs held a hearing on companion legislation, S. 1102, on
October 15, 2009.
The Oversight and Government Reform Committee held a markup
of the bill on November 18, 2009. The Committee ordered the
bill, as amended, to be reported favorably by a 23-12 vote.
Section-by-Section
Sec.1. Short title; references; table of contents
The short title of the bill is the Domestic Partnership
Benefits and Obligations Act of 2009.
This section states that any changes to existing law shall
be considered to be made to a section or other provision of
title 5, United States Code, unless otherwise specified.
The section includes a table of contents.
Title I--Domestic Partnerships
Sec.101. Domestic partnerships
This section would amend chapter 21 of title 5, United
States Code, by adding a new section 2110, which sets forth the
process for establishing a ``domestic partnership'' under the
Act.
In order to establish a domestic partnership, for the
purposes of receiving federal employment benefits, subsection
2110(a) requires an employee, former employee, or annuitant to
file an affidavit in such form and manner as the Office of
Personnel Management prescribes through regulation. The
employee, former employee, or annuitant will be required to
attest that his or her domestic partnership meets the criteria
for establishing a domestic partnership as specified in
paragraphs (1) through (9) of this section.
An affidavit will not be effective for purposes of this
section unless the filing individual is an employee, former
employee, or annuitant as of the time of filing.
An affidavit will 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 regulations issued by the Office of Personnel Management.
The new section 2110(b) provides a definition of ``domestic
partner'' for the purposes of this section and the provisions
of law to which it applies.
The new section 2110(c) defines the term ``employee'' for
the purposes of this section and the provisions of law to which
it applies. It further provides authority to the President or
designee to determine through regulation that any other
individual who is employed by the Government is an ``employee''
for the purposes of this section. A technician (within the
meaning of section 8337(h) of title 5) and, notwithstanding any
provision of chapter 43 of title 38, a member of the armed
forces are not considered employees for the purposes of this
section.
The new section 2110(d) provides a definition of the term
``annuitant'' for the purposes of this section and the
provisions of law to which it applies.
The new section 2110(e), concerning ``confidentiality,''
prohibits any individual from using the information obtained
under subsection (a) for any purpose other than the
administration of any provision of law to which this section
applies. An individual is further prohibited from furnishing
the information to anyone, or allowing anyone to gain access to
the information, except for an individual who needs the
information to administer a provision of law to which this
section applies or to a member of the domestic partnership.
The new section 2110(f) states that this section applies
for purposes of the provisions of this title (excluding chapter
81) and any provision of law identified in or under title VIII
of this Act.
Title II--Civil Service Retirement System
Sec. 201. Definitions
This section amends section 8331 of title 5 by providing a
definition of ``former domestic partner.''
Sec. 202. Creditable service
This section amends section 8332 of title 5 by requiring
the Office of Personnel Management to provide that domestic
partners and former domestic partners (as applicable) be
considered for the purposes of creditable service
determinations and payments (based on such determinations) in a
manner consistent with existing provisions of section 8332.
Sec. 203. Computation of annuity
This section amends section 8339 of title 5 by providing
that a domestic partner, former domestic partner, or surviving
partner (as applicable) be considered for the purposes of
election, waiver, computation, and termination of, or
entitlement to, a survivor annuity in a manner consistent with
existing provisions of section 8339.
Sec. 204. Cost-of-living adjustment of annuities
This section amends section 8340 of title 5 to provide that
a surviving partner or former domestic partner (as applicable)
be eligible for an annuity increase in a manner consistent with
the existing provisions of section 8340.
Sec. 205. Survivor annuities
This section amends section 8341 of title 5 by providing a
definition of ``surviving partner'' and ``former domestic
partner.'' The section further requires the Office of Personnel
Management to prescribe regulations for the treatment of
children of a domestic partner in a manner consistent with the
rules for stepchildren under such section. The section further
amends section 8341 by providing that a domestic partner,
former domestic partner, surviving partner, or surviving
domestic partner (as applicable) be considered for the purposes
of entitlement to and computation, commencement, termination
and/or restoration of a survivor annuity in a manner consistent
with the existing provisions of section 8341.
Sec. 206. Lump-sum benefits; designation of beneficiary; order of
preference
This section amends section 8342 of title 5 by adding
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. The
section is further amended by providing that a domestic partner
or former domestic partner (as applicable) be notified or
consent to any payment made under such section in a manner
consistent with the existing provisions of section 8342.
Sec. 207. Alternative forms of annuities
This section amends section 8343a of title 5 by providing
that an individual in a domestic partnership be provided with
an alternative form of annuity in a manner and under such
circumstances as would be consistent with existing provisions
of section 8343a.
Sec. 208. Administration; regulations
This section amends section 8347 of title 5 by requiring
the Director of Central Intelligence to collect deposits made
by domestic partners and former domestic partners in a manner
consistent with the existing provisions of section 8347.
Sec. 209. Participation in the Thrift Savings Plan
This section amends section 8351 of title 5 by providing
for notification of a domestic partner or former domestic
partner (as applicable) in a manner consistent with the
existing provisions of section 8351.
Title III--Federal Employees' Retirement System
Sec. 301. Definitions
This section amends section 8401 of title 5 by providing a
definition of ``former domestic partner.''
Sec. 302. Creditable service
This section amends section 8411 of title 5 by requiring
the Office of Personnel Management to provide that domestic
partners and former domestic partners (as applicable) be
considered for the purposes of creditable service
determinations and payments (based on such determinations) in a
manner consistent with existing provisions of section 8411.
Sec. 303. Survivor reduction for a current spouse or a current domestic
partner
This section amends section 8416 of title 5 by providing
that a domestic partner, former domestic partner, or surviving
domestic partner (as applicable) be considered for the purposes
of entitlement to or waiver of a survivor annuity, or a
reduction in a current annuity in a manner consistent with
existing provisions of section 8416. This section also amends
the catchline of section 8416 and makes clerical amendments to
reflect such changes.
Sec. 304. Survivor reduction for a former spouse or former domestic
partner
This section amends section 8417 of title 5 by providing
that a former domestic partner be considered for the purposes
of entitlement to a survivor annuity and a corresponding
election and reduction to an employee or Member's annuity in a
manner consistent with existing provisions of section 8417.
Sec. 305. Survivor elections; deposit; offsets
This section amends section 8418 of title 5 by providing
that a former domestic partner be considered for the purposes
of any reduction in an annuity in a manner consistent with
existing provisions of section 8418.
Sec. 306. Survivor reductions; computation
This section amends section 8419 of title 5 by providing
that a domestic partner or former domestic partner (as
applicable) be considered for the purposes of a reduction in an
annuity or a termination of any such reduction in a manner
consistent with existing provisions of section 8419.
Sec. 307. Insurable interest reductions
This section amends section 8420 of title 5 by providing
that a domestic partner be considered for the purposes of the
availability of an insurable interest reduction to an annuity
in a manner consistent with existing provisions of section
8420.
Sec. 308. Alternative forms of annuities
This section amends section 8420a of title 5 by providing
that a domestic partner, surviving domestic partner, or former
domestic partner (as applicable) be considered for the purposes
of the availability of an alternative form of annuity in a
manner and under such circumstances as would be consistent with
existing provisions of section 8420a.
Sec. 309. Lump-Sum benefits; designation of beneficiary; order of
precedence
This section amends section 8424 of title 5 by providing
that a domestic partner or former domestic partner (as
applicable) be considered for the purposes of notification
regarding a payable lump-sum benefit in a manner consistent
with existing provisions of section 8424. This section further
amends section 8424 by providing that any lump sum benefit be
payable to a surviving partner in the event there is no
beneficiary designated by the employee or Member.
Sec. 310. Annuities: methods of payment; election; purchase
This section amends section 8434 of title 5 by providing
that a domestic partner or former domestic partner (as
applicable) be considered for the purposes of payment of an
annuity in a manner consistent with existing provisions of
section 8434.
Sec. 311. Protections for spouses, domestic partners, former spouses,
and former domestic partners
This section amends section 8435 of title 5 by providing
that domestic partners, former domestic partners, and surviving
domestic partners (as applicable) be considered for the
purposes of notification and other protections regarding
withdrawals and elections by an employee or Member, and for the
purposes of entitlement to and calculation of a survivor
annuity under this section in a manner consistent with existing
provisions of section 8435. This section also amends the
catchline of section 8435 and makes clerical amendments to
reflect such changes.
Sec. 312. Justices and judges
This section amends section 8440a of title 5 by providing
that domestic partners of justices or judges be considered for
the purposes of rights relating to contributions to the Thrift
Savings Fund in a manner consistent with existing provisions of
section 8440a.
Sec. 313. Survivor annuities; definitions
This section amends section 8441 of title 5 by providing a
definition of ``surviving partner.'' The section further
requires the Office of Personnel Management to prescribe
regulations for the treatment of children of a domestic partner
in a manner consistent with the rules for stepchildren under
such section.
Sec. 314. Rights of a widow, widower, or surviving partner
This section amends section 8442 of title 5 by providing
that domestic partners or surviving partners (as applicable) be
considered for the 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
of section 8442. This section also amends the catchline of
section 8442 and makes clerical amendments to reflect such
changes.
Sec. 315. Rights of a former spouse or former domestic partner
This section amends section 8445 of title 5 by providing
that former domestic partners be considered for the purposes of
entitlement to and calculation, commencement, and termination
of an annuity in a manner consistent with existing provisions
of section 8445. This section also amends the catchline of
section 8445 and makes clerical amendments to reflect such
changes.
Sec. 316. Authority of the Office of Personnel Management
This section amends section 8461 of title 5 by requiring
the Director of Central Intelligence to collect deposits made
by domestic partners and former domestic partners in a manner
consistent with the existing provisions of section 8461.
Sec. 317. Cost-of-living adjustments
This section amends section 8462 of title 5 by providing
that surviving partners be considered for the purposes of
annuity increases in a manner consistent with existing
provisions of section 8462.
Sec. 318. Fiduciary responsibilities; liability and penalties
This section amends section 8477 of title 5 by providing
that a party of interest includes a domestic partner or
domestic partner of a lineal descendant for the purposes of
section 8477.
Title IV--Insurance Benefits
Sec. 401. Life insurance
This section amends Chapter 87 of title 5 by providing that
a family member of an eligible individual includes a domestic
partner for the purposes of such Chapter. The section also
requires that children of a domestic partner be treated as
stepchildren for the purposes of such Chapter. The section
further requires that a claim be paid to a surviving domestic
partner in the event an employee has not designated a different
beneficiary. This section amends section 8714c by providing
that a domestic partner be considered for the purposes of
optional life insurance plans in a manner consistent with
existing provisions of section 8714c. The effective date for
the amendments made by this section is the calendar year
beginning after the end of the 6-month period beginning on the
date of enactment of this Act.
Sec. 402. Health insurance
This section amends Chapter 89 of title 5 by amending the
definition of family member to include the domestic partner of
an eligible enrollee for the purposes of such Chapter. This
change will allow a domestic partner of an employee, former
employee, or annuitant to be enrolled in a Federal Employee
Health Benefits plan under family coverage in a manner
consistent with existing provisions of such Chapter.
The section also provides a definition of former domestic
partner for the purposes of Chapter 89. The section also
requires that children of a domestic partner be treated as
stepchildren for the purposes of this Chapter.
This section amends section 8902 of title 5 by adding
former domestic partner to a list of individuals who must be
covered by a plan in order for that plan to contract with the
Office of Personnel Management. The amended definition of
``family member,'' which includes a domestic partner, would
also apply to this requirement. In addition, a family member or
former domestic partner will be entitled to direct access to
care and to have payment or reimbursement in a manner
consistent with existing provisions of such section.
This section also amends section 8902a of title 5 by
providing that a family member or former domestic partner be
considered for the purposes of debarment or other sanctions
imposed on a carrier in a manner consistent with existing
provisions and requirements in section 8902a.
This section amends section 8903 of title 5 by authorizing
the Office of Personnel Management to contract for a Service
Benefit Plan that includes members of an employee's family and
former domestic partners in a manner consistent with existing
provisions of section 8903.
This section amends section 8905 of title 5 by requiring
the Office of Personnel Management to prescribe regulations to
ensure parity of treatment in the election of health coverage
as to former spouses and former domestic partners. Such
regulations will also be required to ensure parity of treatment
in the election of health coverage as to children of a marriage
that has been dissolved and children of a domestic partnership
that has terminated. This section also allows a domestic
partner who is otherwise eligible to enroll in a health
benefits plan to enroll either as an individual or as a family
member, but the individual may not enroll both as an employee,
annuitant, or other eligible individual and as a member of the
family. This section further allows a former domestic partner
to elect to change coverage in a manner consistent with
existing provisions of section 8905.
This section also amends section 8905a of title 5 by
requiring the Office of Personnel Management to prescribe
regulations to ensure parity of treatment in the continuation
of health coverage as to former spouses and former domestic
partners. Such regulations will also be required to ensure
parity of treatment in the continuation of health coverage as
to children of a marriage that has been dissolved and children
of a domestic partnership that has terminated.
This section also amends section 8908 of title 5 by
providing that a surviving domestic partner be eligible to re-
enroll in a health benefits plan under such conditions as would
be consistent with existing provisions of section 8908.
The section amends section 8913 of title 5 by providing
that domestic partners and former domestic partners be
considered for the purposes of regulations issued by the Office
of Personnel Management regarding the beginning and ending
dates of coverage under a health benefit plan in a manner
consistent with existing provisions of section 8913.
The amendments made by this section will apply with respect
to contract years beginning after the end of the 6-month period
beginning on the date of enactment of this Act.
Sec. 403. Enhanced dental benefits
This section amends Chapter 89A of title 5 by providing
that a domestic partner, who is eligible to enroll in a dental
benefits plan both as an individual and as a member of family,
may enroll as an employee, annuitant, or other eligible
individual or as a member of the family, but not as both.
This section amends section 8957 of title 5 by providing
that a surviving domestic partner be eligible to continue
enrollment in a dental benefits plan in a manner consistent
with existing provisions of section 8957.
The amendments made by this section will apply with respect
to contract years beginning after the end of the 6-month period
beginning on the date of the enactment of this Act.
Sec. 404. Enhanced vision benefits
This section amends Chapter 89B of title 5 by providing
that a domestic partner, who is eligible to enroll in a vision
benefits plan both as an individual and as a member of family,
may enroll as an employee, annuitant, or other eligible
individual or as a member of the family, but not as both.
This section amends section 8987 of title 5 by providing
that a surviving domestic partner be eligible to continue
enrollment in a vision benefits plan in a manner consistent
with existing provisions of section 8987.
The amendments made by this section will apply with respect
to contract years beginning after the end of the 6-month period
beginning on the date of the enactment of this Act.
Sec. 405. Long-term care insurance
This section amends section 9001 of title 5 by providing
that a domestic partner be a qualified relative for the
purposes of eligibility to obtain long-term care insurance
coverage under Chapter 90 of title 5.
This section also amends section 9002 of title 5 by
providing that a domestic partner of an individual, for the
purposes of underwriting, be treated as nearly as practicable
as an individual is treated.
The amendments made by this section will apply with respect
to calendar years beginning after the end of the 6-month period
beginning on the date of enactment of this Act.
Title V--Travel, Transportation, and Subsistence
Sec. 501. Reimbursement for taxes incurred on money received for travel
expenses
This section amends section 5706c by providing the head of
an agency or department with the authority to reimburse an
employee for taxes incurred by an employee and the employee's
domestic partner (where joint filing by the employee and
domestic partner is allowable) on account of any travel or
transportation reimbursement received.
Sec. 502. Relocation expenses of employees transferred or reemployed
This section amends section 5724a by providing an agency
with the authority to pay the transportation expenses of an
employee and the employee's domestic partner when the employee
is transferred in the interest of the Government.
Sec. 503. Taxes on reimbursements for travel, transportation, and
relocation expenses of employees transferred
This section amends section 5724b by providing an agency
with the authority to reimburse an employee for taxes incurred
by an employee and the employee's domestic partner (where joint
filing by the employee and domestic partner is allowable) on
account of any moving or storage expenses for which
reimbursement is provided.
Sec. 504. Relocation expenses of an employee who is performing an
extended assignment
This section amends section 5737 of title 5 by providing an
agency with the authority to pay the travel and transportation
expenses of an employee and the employee's domestic partner 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. Definitions
This section amends section 8101 of title 5 by amending the
definition of children to include children (and adopted
children) of a domestic partner. This section further provides
a definition of ``domestic partner'' and ``surviving partner''
for the purposes of Subchapter I of Chapter 81.
Sec. 602. Death gratuity for injuries incurred in connection with
employee's service with an armed force
This section amends section 8102a by providing that a death
gratuity 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, in a manner consistent with
existing provisions of section 8102a. Subject to the order of
precedence in this section, the children of a domestic partner
may also be considered for the purposes of the death gratuity
authorized by this section.
Sec. 603. Beneficiaries of awards unpaid at death; order of precedence
This section amends section 8109 of title 5 and the order
of precedence in such section to account for the surviving
partner of an individual for the purposes of any compensation
that is unpaid at the time of death of the individual.
Sec. 604. Augmented compensation for dependents
This section amends section 8110 of title 5 by adding a
``domestic partner'' to the definition of ``dependent'' for the
purposes of augmented compensation under section 8110.
Sec. 605. Limitations on right to receive compensation
This section amends section 8116 of title 5 by providing
that a domestic partner of an employee is limited to the
exclusive remedies provided by Subchapter I in the case of the
death or injury of an employee in accordance with existing
provisions of section 8116.
Sec. 606. Compensation in the case of death
This section amends section 8133 of title 5 and the order
of precedence in such section to account for the surviving
partner of an individual for the purposes of any compensation
payable upon the death of an employee if the death results from
an injury sustained in the performance of duty and in
accordance with the existing provisions of section 8133.
Sec. 607. Lump-sum payment
This section amends section 8135 of title 5 by providing
that a surviving partner be considered for the purposes of a
lump sum payment in a manner consistent with the existing
provisions of section 8135.
Sec. 608. Regulations
This section provides the Secretary of Labor with authority
to issue regulations to carry out this title and the amendments
made by this title. The Secretary of Labor is required to
consult with the Director of the Office of Personnel Management
and the heads of any other agencies whose programs are affected
by this Act in order to standardize, to the extent possible,
the process for establishing a domestic partnership under each
such program.
Sec. 609. Effective date
This title and the amendments made by this title shall take
effect on the date of enactment of this act.
This title and the amendments to Chapter 81 made by this
title are intended to apply with respect to any injury or death
occurring before, on, or after the date of enactment of this
Act, subject to the following conditions. Compensation shall be
payable, retroactive to the date of enactment, but only with
respect to any period commencing on or after the date of
enactment. Any claim shall be considered timely if it has not
expired (pursuant to the provisions of section 8122 and 8193)
as of the date of enactment, and the period for filing any such
claim that remains unexpired on the date of enactment shall be
extended as if the time limitations in section 8122 or 8193
started on the day of enactment. No recovery shall be made of
compensation paid to any individual whose entitlement to
compensation is terminated or reduced as a result of the
enactment of this title.
Title VII--Provisions Relating to Employment of Relatives and Other
Matters
Sec. 701. Employment of relatives; restrictions
This section amends section 3110 of title 5 by adding a
domestic partner to the list of relatives that fall under the
restrictions on appointment and related prohibitions in section
3110.
Sec. 702. Settlement of accounts
This section amends section 5581 and 5582 of title 5 by
providing that a surviving partner be considered for the
purposes of the order of precedence established in section 5582
with respect to settlement of accounts of deceased employees.
Sec. 703. Benefits for captives
This section amends section 5569 of title 5 by providing
that regulations issued under such section ensure parity of
treatment between a domestic partner and a spouse for the
purposes of benefits provided under such section.
Sec. 704. Compensation for disability or death
This section amends section 5570 of title 5 by providing
that regulations issued under such section ensure parity of
treatment between a domestic partner and a spouse for the
purposes of benefits provided under such section.
Sec. 705. Family and medical leave
This section amends section 6381 of title 5 by providing
that a biological, adopted, or foster child of a domestic
partner be considered for the purposes of family and medical
leave provided under Chapter 63, Subchapter V of title 5.
Section 6382 of title 5 is amended to allow an employee a total
of 12 administrative workweeks of leave to care for a domestic
partner in a manner consistent with the existing provisions of
this section, and subject to the requirements of section 6383.
Title VIII--Additional Provisions
Sec. 801. Applicability
This section sets forth additional provisions of law to
which this Act applies. The Committee intends for the
additional provisions in paragraphs (1) through (4) of this
section to be administered in a manner consistent with the
other Titles and the purposes of this Act. To this end,
benefits under these provisions of law should be made available
to employees, annuitants, and the domestic partners of
employees and annuitants (as applicable) in a manner consistent
with any existing eligibility rules or requirements governing
the receipt of such benefits. In addition, the President (or
designee) is to determine any other benefits that relate to
employees or annuitants and which are necessary to carry out
the purposes of this Act. This Act shall apply to any
provisions of law identified by the President (or designee)
under this section. Such provisions shall be made available to
employees and annuitants and to the domestic partners of
employees and annuitants (as applicable) in a manner consistent
with any existing eligibility rules or requirements governing
the receipt of such benefits.
Sec. 802. Regulations
The President (or designee) shall prescribe any regulations
necessary to ensure that the provisions of law identified in or
under section 801 are administered in a manner consistent with
the purposes of this Act.
Title IX--Amendment to the Ethics in Government Act of 1978
Sec. 901. Amendment to the Ethics in Government Act of 1978
This section amends the Ethics in Government Act of 1978 (5
U.S.C. App.) by adding a new section relating to domestic
partners. The section provides that an employee, former
employee, or annuitant, and the domestic partner of such
employee, former employee, or annuitant shall be subject to the
provisions of certain laws and regulations (relating to
financial disclosure, conflicts of interest, receipt of gifts,
and other ethical obligations and criminal penalties) to the
same extent and in the same manner as in the case of a married
employee, former employee, or annuitant and the spouse of such
employee, former employee, or annuitant (as the case may be).
Title X--Reporting Requirements
Sec. 1001. Report of the President
This section provides that not later than 6 months after
the date of the enactment of this Act, the President shall
transmit a report on the implementation of this Act and a
description of any further measures or legislative
recommendations that should be taken in order to carry out the
purposes of this Act.
Sec. 1002. GAO report
This section requires the Government Accountability Office
to provide a report 2 years after enactment describing the
Act's impact, if any, on premiums under chapter 89 of title 5,
United States Code (relating to the Federal employees health
benefits program). This section would additionally require the
GAO to study the impact of extending benefits to domestic
partners on the employee retention and recruitment efforts by
the Federal Government.
Explanation of Amendments
The following amendments were offered in Committee:
Chairman Towns offered an amendment in the nature of a
substitute, which was considered and adopted by the Committee
by a voice vote. The amendment was modeled on the changes
adopted by the Federal Workforce Subcommittee. It further
clarifies the process for establishing a domestic partnership
under the Act. The amendments to title 5 in the substitute
reflect technical suggestions provided by several government
agencies, including the Office of Personnel Management, the
Departments of Labor and Defense, the General Services
Administration, and the Office of Government Ethics. The
changes, described in detail in the section-by-section summary
in the preceding section of this report, are intended to ensure
uniform and practical administration of the benefits provided
under the Act. The amendment additionally requires the
Administration to report to Congress on the implementation of
the Act, and provide recommendations for additional measures
that may be necessary in order to carry out the purposes of the
Act.
An amendment to the Towns amendment in the nature of a
substitute, offered by Mr. Chaffetz, was defeated by a yea-nay
vote of 11-21. The amendment would have postponed any
implementation of the Act, subject to a determination by the
Office of Personnel Management, in consultation with the
Secretary of Health and Human Services and the Comptroller
General, that the Act would not cause any increase in the
premiums or any other periodic charges payable by enrollees
under the Federal employees' health benefits program.
An amendment to the Towns amendment in the nature of a
substitute, offered by Mr. Chaffetz, was adopted, amended, by
voice vote. The amendment requires the Government
Accountability Office to provide a report two years after
enactment describing the Act's impact on premiums under chapter
89 of title 5, United States Code (relating to the Federal
employees health benefits program). An amendment to the
Chaffetz amendment, offered by Mr. Quigley, was adopted by a
voice vote. The amendment would additionally require the GAO to
study the impact of extending benefits to domestic partners on
the employee retention and recruitment efforts by the Federal
government.
An amendment to the Towns amendment in the nature of a
substitute, offered by Mr. Jordan, was defeated by a yea-nay
vote of 12-22. The amendment would have stated that nothing in
the Act or in any amendment made by this Act shall be
considered to modify, supersede, or otherwise affect the
Defense of Marriage Act or any amendment made by the Defense of
Marriage Act, including providing benefits to any person other
than a person defined pursuant to section of the Defense of
Marriage Act.
An amendment to the Towns amendment in the nature of a
substitute, offered by Mr. Issa, was defeated by a yea-nay vote
of 15-20. The amendment was identical to the Jordan amendment,
but would have omitted the clause beginning ``including
providing benefits'' from the Jordan amendment.
An amendment to the Towns amendment in the nature of a
substitute, offered by Mr. Bilbray, was defeated by a yea-nay
vote of 15-20. The amendment would have required domestic
partners to be processed by E-Verify prior to the receipt of
employment benefits.
An amendment to the Towns amendment in the nature of a
substitute, offered by Mr. Issa, was defeated by a voice vote.
The amendment would have removed the requirement that a
domestic partner be of the same sex as the employee, former
employee, or annuitant, and made other changes to the criteria
for establishing a domestic partnership. The amendment further
would have required an employee to pay the full cost of
enrolling a domestic partner in a Federal Employees' Health
Benefits Plan.
An amendment to the Towns amendment in the nature of a
substitute, offered by Mr. Chaffetz, was withdrawn by Mr.
Chaffetz. The amendment would have limited any explanation
provided by an employee for not having a common residence with
his or her domestic partner to financial or employment-related
considerations.
Committee Consideration
On Wednesday, November 18, 2009, the Committee met in open
session and favorably ordered H.R. 2517, as amended, to be
reported to the House by a 23-12 vote.
Roll Call Votes
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to terms and conditions of
employment or access to public services and accommodations.
The definition of ``employee'' in H.R. 2517 would apply to
congressional and legislative branch employees, allowing
individual employees in Congress and the legislative branch to
establish a domestic partnership and to provide benefits to
which they are otherwise eligible to same sex domestic
partners.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report, including the need for the Federal government to
maintain its role as a model employer and to comply with merit
system principles requiring equal pay for equal work.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report, including strengthening the Federal civil
service by fostering a more inclusive environment that complies
with merit system principles requiring equal pay for equal
work.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 2517. Article I, Section 8, Clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement on
whether the provisions of the report include unfunded mandates.
In compliance with this requirement the Committee has received
a letter from the Congressional Budget Office included herein.
Earmark Identification
H.R. 2517 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(e), 9(f), or 9(g) of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 2517. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 2517 from the Director of
the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 17, 2009.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2517, the Domestic
Partnership Benefits and Obligations Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Amber
Marcellino.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
H.R. 2517--Domestic Partnership Benefits and Obligations Act of 2009
Summary: H.R. 2517 would make same-sex domestic partners of
certain federal employees (both current and retired) eligible
to receive the same employment benefits as married spouses of
federal employees. Those benefits include health insurance,
survivor annuities, compensation for work-related injuries and
travel and relocation benefits that affect the federal budget,
as well as other benefits that do not have an impact on the
budget, such as life insurance and vision and dental benefits.
CBO estimates that enacting H.R. 2517 would increase direct
spending by $596 million through 2019, and that enacting the
bill would not have any direct impact on federal revenues. Over
the same period, CBO estimates that discretionary spending
would also increase, by $302 million, assuming appropriation of
the necessary funds. Providing additional health insurance
benefits through the Federal Employee Health Benefits (FEHB)
program causes the largest increase in both mandatory and
discretionary spending--$590 million and $266 million,
respectively.
Some of the costs of H.R. 2517 would derive from providing
health benefits to the domestic partners of active workers and
retirees of the U.S. Postal Service (USPS); cash flows of the
USPS are classified as ``off-budget.'' CBO's estimate of direct
spending includes such off-budget costs totaling $242 million
between 2010 and 2019.
H.R. 2517 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2517 is shown in the following table.
The direct spending and discretionary impacts of the bill fall
within budget functions 550 (health) and 600 (income security).
------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2010-2014 2010-2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING (OUTLAYS)
Federal Employees Health Benefits (FEHB) Program:
On-Budget (non-postal)........................ 0 18 27 31 34 38 42 47 52 58 110 348
Off-Budget (postal)........................... 0 14 20 22 24 27 29 32 35 38 80 242
Federal Employment Compensation Act (FECA) 1 3 3 3 4 4 4 4 4 4 15 35
Benefits
Survivor Annuities................................ -3 -11 -9 -7 -5 -3 -1 1 3 6 -35 -27
-----------------------------------------------------------------------------------------------------
Total Changes in Direct Spending.................. -3 24 41 49 58 66 75 85 95 106 169 596
On-Budget..................................... -3 10 21 27 34 40 46 53 60 67 89 354
Off-Budget.................................... 0 14 20 22 24 27 29 32 35 38 80 242
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
FEHB Program Costs for Active Employees:
Estimated Authorization Level................. 0 17 24 26 28 30 32 34 36 39 95 266
Estimated Outlays............................. 0 17 24 26 28 30 32 34 36 39 95 266
FECA Agency Costs:
Estimated Authorization Level................. * 2 3 3 4 4 4 4 4 4 12 32
Estimated Outlays............................. * 1 2 3 3 4 4 4 4 4 10 30
Travel and Relocation Benefits:
Estimated Authorization Level................. * 1 1 1 1 1 1 1 1 1 6 6
Estimated Outlays............................. * 1 1 1 1 1 1 1 1 1 6 6
Total Changes in Spending Subject to
Appropriation:
Estimated Authorization Level................. * 20 28 30 32 34 36 39 41 44 110 304
Estimated Outlays............................. * 26 29 32 34 37 39 41 44 47 108 302
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office.
Notes: Components may not sum to totals because of rounding. *= costs of less than $500,000.
Basis of estimate: For this estimate, CBO assumes that that
H.R. 2517 will be enacted in the second half of 2010 and that
the necessary amounts will be appropriated for each year. CBO
assumes that about 0.33 percent of federal employees would
choose to register a same-sex domestic partnership if given the
opportunity. That figure is based on information previously
gathered from state and local governments as well as recent
research on organizations that have adopted similar policies.
CBO estimates that approximately 80 percent of individuals
eligible under the proposal would move from single to family
health coverage and that 85 percent would elect a survivor
benefit for a domestic partner. H.R. 2517 applies to eligible
current federal employees, as well as current and future
retirees, other than members of the armed services.
DIRECT SPENDING
Federal Employees Health Benefits Program. H.R. 2517 would
extend eligibility for health benefits to the same-sex domestic
partners of current and future federal retirees. Unlike
premiums for current workers, the government's share of health
care premiums for retirees is classified as direct spending.
For each year over the 2011-2019 period, CBO projects that
approximately 5,200 additional family coverage policies would
be added to the FEHB program by current and future non-Postal
Service retirees choosing to cover same-sex domestic partners.
As a result, direct spending would increase by $348 million
from 2011 to 2019.
Postal Service employees also would be eligible for same-
sex domestic partner coverage under H.R. 2517. CBO estimates
that providing health benefits to the domestic partners of
active postal workers would result in about 2,000 Postal
Service employees moving from individual to family coverage
plans. Additionally, CBO anticipates that approximately 1,100
current and future retirees from the Postal Service would move
to family coverage for their same-sex domestic partners.
The cash flows of the Postal Service are classified as off-
budget, although the total federal budget records the agency's
net spending (gross outlays less offsetting collections). CBO
estimates that extending FEHB benefits to the same-sex domestic
partners of Postal Service workers would increase off-budget
costs by $242 million through 2019.
Federal Employment Compensation Act (FECA) Benefits. FECA
provides compensation to federal civilian employees for
disability due to personal injury sustained while in the
performance of duty. Married workers currently receive slightly
higher FECA benefits for wage replacement than do single
workers. Additionally, if an employee dies of an employment-
related injury or disease, his or her spouse receives a death
benefit. CBO projects that H.R. 2517, if enacted, would extend
additional FECA benefits to roughly 1,000 federal employees
each year. Over the 2010-2019 period, those additional benefits
would total $35 million.
Survivor Annuities. Under current law, federal employees
who are eligible to receive retirement benefits may elect to
provide their spouses with a survivor annuity by reducing the
value of their own retirement benefit. The required annuity
reductions and survivor benefit levels vary between the Federal
Employees' Retirement System (FERS) and the Civil Service
Retirement System; a federal employee who elects survivor
benefits reduces his retirement annuity between 5 percent and
10 percent in order to provide a survivor benefit ranging from
25 percent to 55 percent of the employee's annuity.
Under H.R. 2517, eligible federal employees with a
registered same-sex domestic partner would become eligible for
a survivor benefit for their partner at retirement, following
the same rules and regulations as for married spouses. CBO
estimates that 85 percent of federal employees who register a
domestic partner would elect survivor benefits if given the
opportunity. On that basis, CBO projects that an average of
1,500 new federal retirees per year (through 2019) would add
survivor benefits for their domestic partners and that
approximately 2,000 current retirees would also elect survivor
benefits for a domestic partner. Accordingly, those individuals
would collect smaller retirement annuities, thereby lowering
direct spending. A portion of those savings would be offset by
payments of survivor benefits to surviving partners as some
retirees die over the next 10 years. However, in the near term,
the estimated annuity reductions outweigh the additional
survivor benefits. On net, CBO estimates that direct spending
would decrease by $27 million over the 2010-2019 period.
SPENDING SUBJECT TO APPROPRIATION
In total, CBO estimates that implementing H.R. 2517 would
increase discretionary spending by $302 million over the 2010-
2019 period, assuming the appropriation of the necessary
amounts.
FEHB Program Costs for Active Federal Employees. H.R. 2517
would allow federal employees to add same-sex domestic partners
to their health insurance policies. Federal agencies pay about
70 percent of health-care premiums for active employees; thus,
as premiums rise, so do agency contributions. In 2010, family
coverage policies for active workers are projected to cost the
federal government approximately $5,200 more than individual
coverage policies. CBO estimates that providing additional
family coverage policies to approximately 4,000 non-Postal
Service employees who would elect coverage for same-sex
domestic partners would increase agency spending subject to
appropriation by $266 million over the 2010-2019 period,
assuming the appropriation of the necessary funds.
FECA Agency Costs. As discussed under the direct spending
section, this bill would result in increased spending for
federal workers' compensation. The additional benefits that
would be paid to workers are considered mandatory spending.
However, employing agencies reimburse the Department of Labor
for the provision of those benefits using funds from their
discretionary appropriations. CBO estimates that enactment of
H.R. 2517 thus would increase the need for appropriations to
agencies' salaries and expense accounts, with increased outlays
totaling $30 million through 2019.
Travel and Relocation Benefits. H.R. 2517 would provide the
same benefits to same-sex domestic partners as to married
spouses for travel and relocation expenses. In general, such
benefits include the transport of household goods,
reimbursement for taxes incurred during relocation, and
expenses incurred during a real estate transaction (such as
closing costs or purchase assistance). CBO estimates that
including domestic partners in travel and relocation benefits
would total about $6 million over the 2010-2019 period.
Intergovernmental and private-sector impact: H.R. 2517
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no cost on state, local, or
tribal governments.
Estimate prepared by: Federal spending: Retirement--Amber
G. Marcellino, FEHB--Kirstin Nelson, FECA--Christi Hawley
Anthony; Impact on State, local, and tribal governments:
Elizabeth Cove Delisle; Impact on the private sector: Paige
Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART A--GENERAL PROVISIONS
* * * * * * *
CHAPTER 21--DEFINITIONS
Sec.
2101. Civil service; armed forces; uniformed services.
* * * * * * *
2110. Domestic partnerships.
* * * * * * *
Sec. 2110. Domestic partnerships
(a) Establishment.--To establish the existence of a domestic
partnership, between an employee, former employee, 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 attesting
that their partnership satisfies the requirements of
this subsection.
(4) Such individuals are in a domestic partnership
with one another and intend to remain so indefinitely.
(5) Such individuals--
(A) have a common residence; or
(B) do not have a common residence because of
financial, employment-related, or other
reasons, as identified in the affidavit.
(6) Neither individual is married to or in a domestic
partnership with anyone outside of the domestic
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 individual
resides.
(9) The filing employee, former employee, or
annuitant (as the case may be) 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 (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
employee, or annuitant as of the time of filing. No 2
individuals shall, for purposes of the provisions of law to
which this section applies, be treated as being in a domestic
partnership with one another unless there is in effect, in
accordance 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 provisions of law
to which this section applies, the term ``domestic 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 Guard (as described in
section 2105(c)), an employee of the 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 designee thereof), but does not include a technician (within
the meaning of section 8337(h) or, notwithstanding 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 individual
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 subsection (a)
for any purpose other than the administration 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 examine or otherwise
gain access to any such information, except for--
(A) an individual who needs such information
for a purpose that satisfies paragraph (1); or
(B) a member of the domestic partnership to
which the information pertains or an authorized
representative thereof.
(f) Applicability.--This section applies for purposes 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.
* * * * * * *
SUBPART B--EMPLOYMENT AND RETENTION
* * * * * * *
CHAPTER 31--AUTHORITY FOR EMPLOYMENT
SUBCHAPTER I--EMPLOYMENT AUTHORITIES
* * * * * * *
Sec. 3110. Employment of relatives; restrictions
(a) For the purpose of this section--
(1) * * *
* * * * * * *
(3) ``relative'' means, with respect to a public
official, an individual who is related to the public
official as father, mother, son, daughter, brother,
sister, uncle, aunt, first cousin, nephew, niece,
husband, wife, domestic partner, father-in-law, mother-
in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, or
half sister.
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 55--PAY ADMINISTRATION
* * * * * * *
SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES
* * * * * * *
Sec. 5569. Benefits for captives
(a) * * *
* * * * * * *
(j) The President may prescribe regulations necessary to
administer this section. Such regulations shall include
provisions to ensure that, in the administration of this
section, a domestic partner shall be afforded the same status
as a spouse.
* * * * * * *
Sec. 5570. Compensation for disability or death
(a) * * *
* * * * * * *
(h) Regulations to carry out this section shall include
provisions to ensure that, in the administration of this
section, a domestic partner shall be afforded the same status
as a spouse.
SUBCHAPTER VIII--SETTLEMENT OF ACCOUNTS
Sec. 5581. Definitions
For the purpose of this subchapter--
(1) ``employee'' means--
(A) * * *
(B) an individual employed by the government
of the District of Columbia;
but does not include the employee of--
(i) * * *
* * * * * * *
(iv) the Senate within the purview of section
36a of title 2; [and]
(2) ``money due'' means the pay and allowances due on
account of the services of a deceased employee for the
Government of the United States or the government of
the District of Columbia. It includes, but is not
limited to--
(A) * * *
* * * * * * *
It does not include benefits, refunds, or interest
payable under subchapter III of chapter 83 of this
title applicable to the service of the deceased
employee, or amounts the disposition of which is
otherwise expressly prescribed [by Federal statute.] by
Federal statute; and
(3) ``surviving partner'' has the meaning given it by
sections 8341 and 8441, respectively.
Sec. 5582. Designation of beneficiary; order of precedence
(a) * * *
(b) In order to facilitate the settlement of the accounts of
deceased employees, money due an employee at the time of his
death shall be paid to the person or persons surviving at the
date of death, in the following order of precedence, and the
payment bars recovery by another person of amounts so paid:
First, to the beneficiary or beneficiaries designated
by the employee in a writing received in the employing
agency before his death.
Second, if there is no designated beneficiary, to the
widow or widower (or surviving partner) of the
employee.
Third, if none of the above, to the child or children
of the employee and descendants of deceased children by
representation.
Fourth, if none of the above, to the parents of the
employee or the survivor of them.
Fifth, if none of the above, to the duly appointed
legal representative of the estate of the employee.
Sixth, if none of the above, to the person or persons
entitled under the laws of the domicile of the employee
at the time of his death.
* * * * * * *
CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
* * * * * * *
Sec. 5706c. Reimbursement for taxes incurred on money received for
travel expenses
(a) Under regulations prescribed pursuant to section 5707 of
this title, the head of an agency or department, or his or her
designee, may use appropriations or other funds available to
the agency for administrative expenses, for the reimbursement
of Federal, State, and local income taxes incurred by an
employee of the agency or [by an employee and such employee's
spouse (if filing jointly),] by an employee and such employee's
spouse (or, where allowable, such employee's domestic partner),
if filing jointly, for any travel or transportation
reimbursement made to an employee for which reimbursement or an
allowance is provided.
(b) Reimbursements under this section shall include an amount
equal to all income taxes for which the [employee and spouse,
as the case may be,] employee and spouse (or domestic partner),
as the case may be would be liable due to the reimbursement for
the taxes referred to in subsection (a). In addition,
reimbursements under this section shall include penalties and
interest, for the tax years 1993 and 1994 only, as a result of
agencies failing to withhold the appropriate amounts for tax
liabilities of employees affected by the change in the
deductibility of travel expenses made by Public Law 102-486.
* * * * * * *
SUBCHAPTER II--TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,
STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES
* * * * * * *
Sec. 5724a. Relocation expenses of employees transferred or reemployed
(a) * * *
(b)(1) Under regulations prescribed under section 5738, an
agency may pay to or on behalf of an employee who transfers in
the interest of the Government between official stations
located within the United States--
(A) the expenses of transportation of the employee
and the [employee's spouse] employee's spouse (or
domestic partner) for travel to seek permanent
residence quarters at a new official station; and
* * * * * * *
Sec. 5724b. Taxes on reimbursements for travel, transportation, and
relocation expenses of employees transferred
(a) Under regulations prescribed under section 5738 of this
title and to the extent considered necessary and appropriate,
as provided therein, appropriations or other funds available to
an agency for administrative expenses are available for the
reimbursement of substantially all of the Federal, State, and
local income taxes incurred by an employee, or [by an employee
and such employee's spouse (if filing jointly),] by an employee
and such employee's spouse (or, where allowable, such
employee's domestic partner), if filing jointly, for any moving
or storage expenses furnished in kind, or for which
reimbursement or an allowance is provided (but only to the
extent of the expenses paid or incurred). Reimbursements under
this subsection shall also include an amount equal to all
income taxes for which the [employee and spouse, as the case
may be,] employee and spouse (or domestic partner), as the case
may be, would be liable due to the reimbursement for the taxes
referred to in the first sentence of this subsection.
* * * * * * *
Sec. 5737. Relocation expenses of an employee who is performing an
extended assignment
(a) Under regulations prescribed under section 5738 of this
title, an agency may pay to or on behalf of an employee
assigned from the employee's official station to a duty station
for a period of not less than six months and not greater than
30 months, the following expenses in lieu of payment of
expenses authorized under subchapter I of this chapter:
(1) * * *
* * * * * * *
(4) Travel and transportation expenses of the
employee and spouse (or domestic partner) to seek new
residence quarters at the assignment location in
accordance with section 5724a(b) of this title.
* * * * * * *
SUBPART E--ATTENDANCE AND LEAVE
* * * * * * *
CHAPTER 63--LEAVE
* * * * * * *
SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
Sec. 6381. Definitions
For the purpose of this subchapter--
(1) * * *
* * * * * * *
(6) the term ``son or daughter'' means a biological,
adopted, or foster child, a stepchild, a legal ward, or
a child of a person standing in loco parentis, or a
biological, adopted, or foster child of the domestic
partner of the employee, who is--
(A) * * *
* * * * * * *
Sec. 6382. Leave requirement
(a)(1) Subject to section 6383, an employee shall be entitled
to a total of 12 administrative workweeks of leave during any
12-month period for one or more of the following:
(A) * * *
* * * * * * *
(C) In order to care for the [spouse,] spouse (or
domestic partner), or a son, daughter, or parent, of
the employee, if such spouse, son, daughter, or parent
has a serious health condition.
* * * * * * *
(e)(1) * * *
(2) In any case in which the necessity for leave under
subparagraph (C) or (D) of subsection (a)(1) or under
subsection (a)(3) is foreseeable based on planned medical
treatment, the employee--
(A) shall make a reasonable effort to schedule the
treatment so as not to disrupt unduly the operations of
the employing agency, subject to the approval of the
health care provider of the employee or the health care
provider of the son, daughter, [spouse,] spouse (or
domestic partner), parent, or covered servicemember of
the employee, as appropriate; and
* * * * * * *
Sec. 6383. Certification
(a) An employing agency may require that a request for leave
under subparagraph (C) or (D) of section 6382(a)(1) be
supported by certification issued by the health care provider
of the employee or of the son, daughter, [spouse,] spouse (or
domestic partner), or parent of the employee, as appropriate.
The employee shall provide, in a timely manner, a copy of such
certification to the employing agency.
(b) A certification provided under subsection (a) shall be
sufficient if it states--
(1) * * *
* * * * * * *
(4)(A) for purposes of leave under section
6382(a)(1)(C), a statement that the employee is needed
to care for the son, daughter, [spouse,] spouse (or
domestic partner), or parent, and an estimate of the
amount of time that such employee is needed to care for
such son, daughter, [spouse,] spouse (or domestic
partner), or parent; and
* * * * * * *
SUBPART G--INSURANCE AND ANNUITIES
* * * * * * *
CHAPTER 81--COMPENSATION FOR WORK INJURIES
SUBCHAPTER I--GENERALLY
Sec. 8101. Definitions
For the purpose of this subchapter--
(1) * * *
* * * * * * *
(9) ``child'' means one who at the time of the death
of the employee is under 18 years of age or over that
age and incapable of self-support, and includes
stepchildren, adopted children, children (including
adopted children) of a domestic partner, and posthumous
children, but does not include married children;
* * * * * * *
(19) ``organ'' means a part of the body that performs
a special function, and for purposes of this subchapter
excludes the brain, heart, and back; [and]
(20) ``United States medical officers and hospitals''
includes medical officers and hospitals of the Army,
Navy, Air Force, Department of Veterans Affairs, and
United States Public Health Service, and any other
medical officer or hospital designated as a United
States medical officer or hospital by the Secretary of
Labor [.];
(21) ``domestic partner'' means an individual who is
in a domestic partnership with another individual of
the same sex, as determined by the Secretary of Labor
for purposes of this subchapter pursuant to regulations
issued by the Secretary, in consultation with the
Director of the Office of Personnel Management,
consistent with the requirements that--
(A) both individuals are at least 18 years of
age and competent to contract;
(B) both individuals intend to remain in the
domestic partnership indefinitely;
(C) such individuals--
(i) have a common residence; or
(ii) do not have a common residence
because of financial, employment-
related, or other reasons;
(D) neither individual is married to or in a
domestic partnership with anyone outside of the
domestic partnership referred to in
subparagraph (B);
(E) the 2 individuals share responsibility
for a significant measure of each other's
common welfare and financial obligations;
(F) 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 of them resides;
(G) at least 1 of them is an employee or an
individual otherwise eligible for coverage
under this subchapter based on such
individual's employment or other service; and
(H) both individuals understand that willful
falsification of information within the
affidavit or failure to provide appropriate
notification of the termination of the domestic
partnership may lead to the recovery of the
amounts obtained as a result of such
falsification or failure (as the case may be),
criminal or other penalties, and (in
appropriate circumstances) disciplinary action;
and
(22) ``surviving partner'' means the domestic partner
living with or dependent for support on the decedent at
the time of his or her death, or living apart for
reasonable cause or because of his or her desertion.
* * * * * * *
Sec. 8102a. Death gratuity for injuries incurred in connection with
employee's service with an Armed Force
(a) * * *
* * * * * * *
(d) Eligible Survivors.--
(1) Subject to paragraph (5), a death gratuity
payable upon the death of a person covered by
subsection (a) shall be paid to or for the living
survivor highest on the following list:
(A) The employee's [surviving spouse.]
surviving spouse (or surviving partner).
* * * * * * *
(2) Paragraph (1)(B) applies, without regard to age
or marital status, to--
(A) * * *
* * * * * * *
(C) stepchildren (including children of a
domestic partner) who were a part of the
decedent's household at the time of death;
* * * * * * *
Sec. 8109. Beneficiaries of awards unpaid at death; order of precedence
(a) If an individual--
(1) * * *
* * * * * * *
the compensation specified by the schedule that is unpaid at
his death, whether or not accrued or due at his death, shall be
paid--
(A) * * *
* * * * * * *
(D) in the following order of precedence:
(i) If there is no child, to [the widow or
widower.] the widow or widower (or the
surviving partner).
(ii) If there are both a widow or widower (or
a surviving partner) and a child or children,
one-half to the widow or widower (or the
surviving partner) and one-half to the child or
children.
(iii) If there is [no widow or widower,] no
widow or widower (and no surviving partner), to
the child or children.
* * * * * * *
Sec. 8110. Augmented compensation for dependents
(a) For the purpose of this section, ``dependent'' means--
(1) * * *
* * * * * * *
(3) an unmarried child, while living with the
employee or receiving regular contributions from the
employee toward his support, and who is--
(A) * * *
(B) over 18 years of age and incapable of
self-support because of physical or mental
disability; [and]
(4) a parent, while wholly dependent on and supported
by the employee[.]; and
(5) a domestic partner, if--
(A) he or she is a member of the same
household as the employee;
(B) he or she is receiving regular
contributions from the employee for his or her
support; or
(C) the employee has been ordered by a court
to contribute to his or her support.
* * * * * * *
Sec. 8116. Limitations on right to receive compensation
(a) * * *
* * * * * * *
(c) The liability of the United States or an instrumentality
thereof under this subchapter or any extension thereof with
respect to the injury or death of an employee is exclusive and
instead of all other liability of the United States or the
instrumentality to the employee, his legal representative,
[spouse,] spouse (or domestic partner), dependents, next of
kin, and any other person otherwise entitled to recover damages
from the United States or the instrumentality because of the
injury or death in a direct judicial proceeding, in a civil
action, or in admiralty, or by an administrative or judicial
proceeding under a workmen's compensation statute or under a
Federal tort liability statute. However, this subsection does
not apply to a master or a member of a crew of a vessel.
* * * * * * *
Sec. 8133. Compensation in case of death
(a) If death results from an injury sustained in the
performance of duty, the United States shall pay a monthly
compensation equal to a percentage of the monthly pay of the
deceased employee in accordance with the following schedule:
(1) To [the widow or widower,] the widow or widower
(or the surviving partner), if there is no child, 50
percent.
(2) To [the widow or widower,] the widow or widower
(or the surviving partner), if there is a child, 45
percent and in addition 15 percent for each child not
to exceed a total of 75 percent for the widow or
widower (or the surviving partner) and children.
(3) To the children, if there is [no widow or
widower,] no widow or widower (and no surviving
partner), 40 percent for one child and 15 percent
additional for each additional child not to exceed a
total of 75 percent, divided among the children share
and share alike.
(4) To the parents, if there is no widow, widower,
surviving partner, or child, as follows--
(A) * * *
* * * * * * *
If there is a widow, widower, surviving partner, or
child, so much of the percentages are payable as, when
added to the total percentages payable to the widow,
widower, surviving partner, and children, will not
exceed a total of 75 percent.
(5) To the brothers, sisters, grandparents, and
grandchildren, if there is no widow, widower, surviving
partner, child, or dependent parent, as follows--
(A) * * *
* * * * * * *
If there is a widow, widower, surviving partner, child,
or dependent parent, so much of the percentages are
payable as, when added to the total percentages payable
to the widow, widower, surviving partner, children, and
dependent parents, will not exceed a total of 75
percent.
(b) The compensation payable under subsection (a) of this
section is paid from the time of death until--
[(1) a widow, or widower dies or remarries before
reaching age 55;]
(1) a widow or widower dies or remarries (or a
surviving partner dies or enters into a subsequent
domestic partnership) before reaching age 55;
* * * * * * *
Notwithstanding paragraph (2) of this subsection, compensation
payable to or for a child, a brother or sister, or grandchild
that would otherwise end because the child, brother or sister,
or grandchild has reached 18 years of age shall continue if he
is a student as defined by section 8101 of this title at the
time he reaches 18 years of age for so long as he continues to
be such a student or until he marries. A widow or widower (or
surviving partner) who has entitlements to benefits under this
title derived from more than one husband or wife (or more than
one domestic partner) shall elect one entitlement to be
utilized.
* * * * * * *
Sec. 8135. Lump-sum payment
(a) * * *
[(b) On remarriage before reaching age 55 a widow or widower
entitled to compensation under section 8133 of this title,
shall be paid a lump sum equal to twenty-four times the monthly
compensation payment (excluding compensation on account of
another individual) to which he was entitled immediately before
the remarriage.]
(b) On remarriage (or entry into a subsequent domestic
partnership) before reaching age 55 a widow or widower (or
surviving partner) entitled to compensation under section 8133
of this title, shall be paid a lump sum equal to twenty-four
times the monthly compensation payment (excluding compensation
on account of another individual) to which that individual was
entitled immediately before the remarriage (or subsequent
domestic partnership).
* * * * * * *
CHAPTER 83--RETIREMENT
* * * * * * *
SUBCHAPTER III--CIVIL SERVICE RETIREMENT
Sec. 8331. Definitions
For the purpose of this subchapter--
(1) * * *
* * * * * * *
(30) the term ``air traffic controller'' or
``controller'' means--
(A) * * *
(B) a civilian employee of the Department of
Transportation or the Department of Defense who
is the immediate supervisor of a person
described in section 2109(1)(B); [and]
(31) ``customs and border protection officer'' means
an employee in the Department of Homeland Security (A)
who holds a position within the GS-1895 job series
(determined applying the criteria in effect as of
September 1, 2007) or any successor position, and (B)
whose duties include activities relating to the arrival
and departure of persons, conveyances, and merchandise
at ports of entry, including any such employee who is
transferred directly to a supervisory or administrative
position in the Department of Homeland Security after
performing such duties (as described in subparagraph
(B)) in 1 or more positions (as described in
subparagraph (A)) for at least 3 years [.]; and
(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. 8332. Creditable service
(a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
(3)(A) * * *
* * * * * * *
(C) The Office of Personnel Management shall prescribe
regulations to carry out this paragraph, including regulations
under which--
(i) * * *
(ii) this paragraph shall be carried out in any case
which involves a [former spouse.] former spouse or
former domestic partner.
* * * * * * *
(o)(1) * * *
* * * * * * *
(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such
regulations shall include--
(A) * * *
(B) provisions under which the Office may provide
for--
(i) the payment, to the [spouse] spouse,
domestic partner, or children of any individual
referred to in the first sentence of paragraph
(1), of any amounts which (but for this clause)
would otherwise have been nonpayable by reason
of such first sentence, subject to paragraph
(5); and
* * * * * * *
(5) Regulations to carry out clause (i) of paragraph (4)(B)
shall include provisions to ensure that the authority to make
any payment to the [spouse] spouse, domestic partner, or
children of an individual under such clause shall be available
only to the extent that the application of such clause is
considered necessary and appropriate taking into account the
totality of the circumstances, including the financial needs of
the [spouse] spouse, domestic partner, or children, whether the
[spouse] spouse, domestic partner, or children participated in
an offense described in paragraph (2) of which such individual
was finally convicted, and what measures, if any, may be
necessary to ensure that the convicted individual does not
benefit from any such payment.
* * * * * * *
Sec. 8339. Computation of annuity
(a) * * *
* * * * * * *
(j)(1) The annuity computed under subsections (a)-(i), (n),
(q), (r), and (s) (or a portion of the annuity, if jointly
designated for this purpose by the employee or Member and the
spouse (or domestic partner) of the employee or Member under
procedures prescribed by the Office of Personnel Management)
for an employee or Member who is married (or has a domestic
partner) at the time of retiring under this subchapter is
reduced as provided in paragraph (4) of this subsection in
order to provide a survivor annuity for the spouse (or domestic
partner) under section 8341(b) of this title, unless the
employee or Member and the spouse (or domestic partner) jointly
waive the spouse's (or domestic partner's) right to a survivor
annuity in a written election filed with the Office at the time
that the employee or Member retires. Each such election shall
be made in accordance with such requirements as the Office
shall, by regulation, prescribe, and shall be irrevocable. The
Office shall provide, by regulation, that an employee or Member
may waive the survivor annuity without the spouse's (or
domestic partner's) consent if the employee or Member
establishes to the satisfaction of the Office--
(A) that the spouse's (or domestic partner's)
whereabouts cannot be determined, or
(B) that, due to exceptional circumstances, requiring
the employee or Member to seek the spouse's (or
domestic partner's) consent would otherwise be
inappropriate.
(2) If an employee or Member has a former spouse (or former
domestic partner) who is entitled to a survivor annuity as
provided in section 8341(h) of this title, the annuity of the
employee or Member computed under subsections (a)-(i), (n),
(q), (r), and (s) (or any designated portion of the annuity, in
the event that the former spouse (or former domestic partner)
is entitled to less than 55 percent of the employee or Member's
annuity) is reduced as provided in paragraph (4) of this
subsection.
(3) An employee or Member who has a former spouse (or former
domestic partner) may elect, under procedures prescribed by the
Office, to have the annuity computed under subsections (a)-(i),
(n), (q), (r), and (s) or a portion thereof reduced as provided
in paragraph (4) of this subsection in order to provide a
survivor annuity for such former spouse (or former domestic
partner) under section 8341(h) of this title, unless all rights
to survivor benefits for such former spouse (or former domestic
partner) under this subchapter based on marriage to (or being
in a domestic partnership with) such employee or Member were
waived under paragraph (1) of this subsection. An election
under this paragraph shall be made at the time of retirement
or, if later, within 2 years after the date on which the
marriage of the former spouse to (or the domestic partnership
of the former domestic partner with) the employee or Member [is
dissolved,] is dissolved (or terminated), subject to a deposit
in the Fund by the retired employee or Member of an amount
determined by the Office, as nearly as may be administratively
feasible, to reflect the amount by which the annuity of such
employee or Member would have been reduced if the election had
been continuously in effect since the date the annuity
commenced, plus interest. For the purposes of the preceding
sentence, the annual rate of interest for each year during
which the annuity would have been reduced if the election had
been in effect since the date the annuity commenced shall be 6
percent. The Office shall, by regulation, provide for payment
of the deposit required under this paragraph 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 equivalent to the
deposit required under this paragraph, except that the total
reductions in the annuity of an employee or Member to pay
deposits required by the provisions of this paragraph,
paragraph (5), or subsection (k)(2) 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, which shall be effective on the same date as the
election under this paragraph, shall be permanent and
unaffected by any future termination of the entitlement of the
[former spouse.] former spouse (or former domestic partner).
Such reduction shall be independent of and in addition to the
reduction required under the first sentence of this paragraph.
An election under this paragraph--
(A) * * *
(B) shall not be effective, in the case of an
employee or Member who [is then married,] is then
married (or is then in a domestic partnership), unless
it is made with [the spouse's written consent.] the
written consent of the spouse (or domestic partner).
The Office shall provide by regulation that subparagraph (B) of
this paragraph may be waived for either of the reasons set
forth in the last sentence of paragraph (1) of this subsection.
[In the case of a retired employee or Member whose annuity is
being reduced in order to provide a survivor annuity for a
former spouse, an election to provide or increase a survivor
annuity for any other former spouse (and to continue an
appropriate reduction) 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) of this subsection for a
current spouse (subject to the provisions of this paragraph
relating to consent of a current spouse, if the retired
employee or Member is then married).] In the case of a retired
employee or Member whose annuity is being reduced in order to
provide a survivor 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 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). The opportunity to make an election under the
preceding sentence is in addition to any opportunity otherwise
afforded under this paragraph.
* * * * * * *
[(5)(A) Any reduction in an annuity for the purpose of
providing a survivor annuity for the current spouse of a
retired employee or Member shall be terminated for each full
month--
[(i) after the death of the spouse, or
[(ii) after the dissolution of the spouse's
marriage to the employee or Member, except that
an appropriate reduction shall be made
thereafter if the spouse is entitled, as a
former spouse, to a survivor annuity under
section 8341(h) of this title.
[(B) Any reduction in an annuity for the purpose of providing
a survivor annuity for a former spouse of a retired employee or
Member shall be terminated for each full month after the former
spouse remarries before reaching age 55 or dies. This reduction
shall be replaced by an appropriate reduction or reductions
under paragraph (4) of this subsection if the retired employee
or Member has (i) another former spouse who is entitled to a
survivor annuity under section 8341(h) of this title, (ii) a
current spouse to whom the employee or Member was married at
the time of retirement and with respect to whom a survivor
annuity was not jointly waived under paragraph (1) of this
subsection, or (iii) a current spouse whom the employee or
Member married after retirement and with respect to whom an
election has been made under subparagraph (C) of this paragraph
or subsection (k)(2) of this section.
[(C)(i) Upon remarriage, a retired employee or Member who was
married at the time of retirement (including an employee or
Member whose annuity was not reduced to provide a survivor
annuity for the employee or Member's spouse or former spouse as
of the time of retirement) may irrevocably elect during such
marriage, in a signed writing received by the Office within 2
years after such remarriage or, if later, within 2 years after
the death or remarriage of any former spouse of such employee
or Member who was entitled to a survivor annuity under section
8341(h) of this title (or of the last such surviving former
spouse, if there was more than one), a reduction in the
employee or Member's annuity under paragraph (4) of this
subsection for the purpose of providing an annuity for such
employee or Member's spouse in the event such spouse 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 the
remarriage, 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 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 employee or
Member's annuity was terminated under subparagraph (A) or (B)
of this paragraph, 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 payment
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 equivalent 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 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
termination of the marriage. Such reduction shall be
independent of and in addition to the reduction required under
clause (i).
[(iv) Notwithstanding any other provision of this
subparagraph, an election under this subparagraph may not be
made for the purpose of providing an annuity in the case of a
spouse by remarriage if such spouse was married to the employee
or Member at the time of such employee or Member's retirement,
and all rights to survivor benefits for such spouse under this
subchapter based on marriage to such employee or Member were
then waived under paragraph (1) of this subsection 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) of this
section with respect to such person; or
[(II) shall, if an election was made by the employee
or Member under such subsection (k)(1) with 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) of
this subparagraph shall not apply if--
[(I) the employee or Member makes an election under
this subparagraph after having made an election under
subsection (k)(1) of this section; and
[(II) the election under such subsection (k)(1)
becomes void under clause (v) of this subparagraph.]
(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 partnership
of the domestic partner) to the employee or Member,
except that an appropriate reduction shall be made thereafter
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 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 another 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 domestic partner with whom the
employee 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 annuity 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
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 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 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 employee's or Member's
annuity was terminated 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 payment 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 equivalent 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 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
dissolution 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
subparagraph, 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--
(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 employee
or Member under such subsection (k)(1) with 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 election under
subsection (k)(1); and
(II) the election under subsection (k)(1) becomes
void under clause (v).
(k)(1) At the time of retiring under section 8336 or 8338 of
this title, an employee or Member who is found to be in good
health by the Office may elect a reduced annuity instead of an
annuity computed under subsections (a)-(i), (n), (q), (r), and
(s) and name in writing an individual having an insurable
interest in the employee or Member to receive an annuity under
section 8341(c) of this title after the death of the retired
employee or Member. The annuity of the employee or Member
making the election is reduced by 10 percent, and by 5 percent
for each full 5 years the individual named is younger than the
retiring employee or Member. However, the total reduction may
not exceed 40 percent. An annuity which is reduced under this
paragraph or any similar prior provision of law shall,
effective the first day of the month following the death of the
individual named under this paragraph, be recomputed and paid
as if the annuity had not been so reduced. In the case of [a
married employee or Member] an employee or Member who is
married (or in a domestic partnership), an election under this
paragraph on behalf of the spouse (or domestic partner) may be
made only if any right of such spouse (or domestic partner) to
a survivor annuity based on the service of such employee or
Member is waived in accordance with subsection (j)(1) of this
section.
[(2)(A) An employee or Member, who is unmarried at the time
of retiring under a provision of law which permits election of
a reduced annuity with a survivor annuity payable to such
employee or Member's spouse and who later marries, may
irrevocably elect, in a signed writing received in the Office
within 2 years after such employee or Member marries or, if
later, within 2 years after the death or remarriage of any
former spouse of such employee or Member who was entitled to a
survivor annuity under section 8341(h) of this title (or of the
last such surviving former spouse, if there was more than one),
a reduction in the retired employee or Member's current annuity
as provided in subsection (j) of this section.]
(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 reduced annuity with a
survivor annuity payable to such employee'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 Office--
(i) within 2 years after such employee or Member
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
surviving former domestic partner),
a reduction in the retired employee or Member's current annuity
as provided in subsection (j).
(B)(i) The election and reduction shall take effect on the
first day of the first month beginning after the expiration of
the 9-month period beginning on the date of marriage (or entry
into a domestic partnership). Any such election to provide a
survivor annuity for a person--
(I) * * *
* * * * * * *
(ii) The retired employee or Member shall deposit in the Fund
an amount determined by the Office of Personnel Management, as
nearly as may be administratively feasible, to reflect the
amount by which the retired employee or Member's annuity would
have been reduced under subsection (j)(4) of this section since
the commencing date of the annuity, if the employee or Member
had been married (or in a domestic partnership) at the time of
retirement and had elected to provide a survivor annuity at
that time, plus interest. For the purposes of the preceding
sentence, the annual rate of interest for each year during
which the annuity would have been reduced if the election had
been in effect since the date of the annuity commenced shall be
6 percent.
(C) The Office shall, by regulation, provide for payment of
the deposit required under subparagraph (B)(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 equivalent to the
deposit required under subparagraph (B)(ii), except that total
reductions in the annuity of an employee or Member to pay
deposits required by this subsection or subsection (j)(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 subparagraph,
which shall be effective on the same date as the election under
subparagraph (A), shall be permanent and unaffected by any
future termination of the marriage (or domestic partnership).
Such reduction shall be independent of and in addition to the
reduction required under subparagraph (A).
* * * * * * *
(o)(1)(A) An employee or Member--
(i) who, at the time of retirement, [is married,] is
married (or is in a domestic partnership), and
* * * * * * *
may, during the 18-month period beginning on the date of the
retirement of such employee or Member, elect to have a
reduction under subsection (j) made in the annuity of the
employee or Member (or in such portion thereof as the employee
or Member may designate) in order to provide a survivor annuity
for the spouse (or domestic partner) of such employee or
Member.
(B) An employee or Member--
(i) who, at the time of retirement, [is married,] is
married (or is in a domestic partnership), and
* * * * * * *
Sec. 8340. Cost-of-living adjustment of annuities
(a) For the purpose of this section--
(1) the term ``base quarter'', as used with respect
to a year, means the calendar quarter ending on
September 30, of such year; [and]
(2) the price index for a base quarter is the
arithmetical mean of such index for the 3 months
comprising such quarter[.]; and
(3) the terms ``widow'', ``widower'', and ``surviving
partner'' have the respective meanings given them under
section 8341.
* * * * * * *
(c) Eligibility for an annuity increase under this section is
governed by the commencing date of each annuity payable from
the Fund as of the effective date of an increase, except as
follows:
(1) The first increase (if any) made under subsection
(b) of this section to an annuity which is payable from
the Fund to an employee or Member who retires, [to the
widow, widower, or former spouse, of a deceased
employee or Member, or to the widow, widower, former
spouse, or insurable interest designee] to the widow,
widower, or former spouse (or the surviving 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
insurable interest designee of a deceased annuitant
whose annuity has not been increased under this
subsection or subsection (b) of this section, shall be
equal to the product (adjusted to the nearest 1/10 of 1
percent) of--
(A) * * *
(B) the number of months (not to exceed 12
months, counting any portion of a month as a
month)--
(i) * * *
(ii) in the case of [a widow,
widower, former spouse, or insurable
interest designee] a widow, widower, or
former spouse (or surviving partner or
former domestic partner) or insurable
interest designee of a deceased
annuitant whose annuity has not been so
increased, since the annuity was first
payable to the deceased annuitant.
* * * * * * *
Sec. 8341. Survivor annuities
(a) For the purpose of this section--
(1) * * *
* * * * * * *
(3) ``surviving partner'' means the surviving
domestic 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;
[(3)] (4) ``dependent'', in the case of any child,
means that the employee or Member involved was, at the
time of the employee or Member's death, either living
with or contributing to the support of such child, as
determined in accordance with such regulations as the
Office of Personnel Management shall prescribe; and
[(4)] (5) ``child'' means--
(A) an unmarried dependent child under 18
years of age, including (i) an adopted child,
and (ii) a stepchild but only if the stepchild
lived with the employee or Member in a regular
parent-child relationship, and (iii) a
recognized natural child, and (iv) a child who
lived with and for whom a petition of adoption
was filed by an employee or Member, and who is
adopted by the surviving spouse (or surviving
domestic partner) of the employee or Member
after his death;
* * * * * * *
For the purpose of this paragraph and subsection (e) of
this section, a child whose 22nd birthday occurs before
July 1 or after August 31 of a calendar year, and while
he is regularly pursuing such a course of study or
training, is deemed to have become 22 years of age on
the first day of July after that birthday. A child who
is a student is deemed not to have ceased to be a
student during an interim between school years if the
interim is not more than 5 months and if he shows to
the satisfaction of the Office of Personnel Management
that he has a bona fide intention of continuing to
pursue a course of study or training in the same or
different school during the school semester (or other
period into which the school year is divided)
immediately after the interim. 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.
(b)(1) Except as provided in paragraph (2) of this
subsection, if an employee or Member dies after having retired
under this subchapter and is survived by a [widow or widower]
widow or widower (or surviving partner), the [widow or widower]
widow or widower (or surviving partner) is entitled to an
annuity equal to 55 percent (or 50 percent if retired before
October 11, 1962) of an annuity computed under section 8339(a)-
(i), (n), (p), (q), (r), and (s) as may apply with respect to
the annuitant, or of such portion thereof as may have been
designated for this purpose under section 8339(j)(1) of this
title, unless the right to a survivor annuity was waived under
such section 8339(j)(1) or, in the case of [remarriage,]
remarriage (or entry into a subsequent domestic partnership)
the employee or Member did not file an election under section
8339(j)(5)(C) or section 8339(k)(2) of this title, as the case
may be.
(2) If an annuitant--
(A) * * *
* * * * * * *
dies and is survived by a [widow or widower] widow or widower
(or surviving partner), the [widow or widower] widow or widower
(or surviving partner) is entitled to an annuity in an amount
which would have been paid had the annuitant been married to
(or in a domestic partnership with) the [widow or widower]
widow or widower (or surviving partner) at the time of
retirement.
(3) A spouse (or domestic partner) acquired after retirement
is entitled to a survivor annuity under this subsection only
upon electing this annuity instead of any other survivor
benefit to which he may be entitled under this subchapter or
another retirement system for Government employees. The annuity
of the [widow or widower] widow or widower (or surviving
partner) under this subsection commences on the day after the
annuitant dies. This annuity and the right thereto terminate on
the last day of the month before the [widow or widower] widow
or widower (or surviving partner)--
(A) * * *
(B) except as provided in subsection (k), remarries
(or enters into a subsequent domestic partnership)
before becoming 55 years of age.
(4) Notwithstanding the preceding provisions of this
subsection, the annuity payable under this subsection to the
[widow or widower] widow or widower (or surviving partner) of a
retired employee or Member may not exceed the difference
between--
(A) the amount which would otherwise be payable to
such [widow or widower] widow or widower (or surviving
partner) under this subsection (determined without
regard to any waiver or designation under section
8339(j)(1) of this title or a prior similar provision
of law), and
(B) the amount of the survivor annuity payable to any
former spouse (or former domestic partner) of such
employee or Member under subsection (h) of this
section.
* * * * * * *
(d) If an employee or Member dies after completing at least
18 months of civilian service, his [widow or widower] widow or
widower (or surviving partner) is entitled to an annuity equal
to 55 percent of an annuity computed under section 8339(a)-(f),
(i), (n), (p), (q), (r), and (s) as may apply with respect to
the employee or Member, except that, in the computation of the
annuity under such section, the annuity of the employee or
Member shall be at least the smaller of--
(1) * * *
* * * * * * *
Notwithstanding the preceding sentence, the annuity payable
under this subsection to the [widow or widower] widow or
widower (or surviving partner) of an employee or Member may not
exceed the difference between--
(A) the amount which would otherwise be payable to
such [widow or widower] widow or widower (or surviving
partner) under this subsection, and
(B) the amount of the survivor annuity payable to any
former spouse (or former domestic partner) of such
employee or Member under subsection (h) of this
section.
The annuity of the [widow or widower] widow or widower (or
surviving partner) commences on the day after the employee or
Member dies. This annuity and the right thereto terminate on
the last day of the month before the [widow or widower] widow
or widower (or surviving partner)--
(i) * * *
(ii) except as provided in subsection (k), remarries
(or enters into a subsequent domestic partnership)
before becoming 55 years of age.
[(e)(1) For the purposes of this subsection, ``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.]
(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 employee
or Member who completed less than 18 months of service
covered by this subchapter; and
(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 employee or
Member who completed less than 18 months of service
covered by this subchapter.
(2) If an employee or Member dies after completing at least
18 months of civilian service, or an employee or Member dies
after retiring under this subchapter, and is survived by [a
spouse or a former spouse] a spouse or former spouse (or a
domestic partner or former domestic partner) who is the natural
or adoptive parent of a surviving child of the employee or
Member, that surviving child is entitled to an annuity equal to
the smallest of--
(A) * * *
* * * * * * *
subject to section 8340 of this title. If the employee or
Member is not survived by [a spouse or a former spouse] a
spouse or former spouse (or a domestic partner or former
domestic partner) who is the natural or adoptive parent of a
surviving child of the employee or Member, that surviving child
is entitled to an annuity equal to the smallest of--
(i) * * *
* * * * * * *
(3) The annuity of a child under this subchapter or under the
Act of May 29, 1930, as amended from and after February 28,
1948, commences on the day after the employee or Member dies,
or commences or resumes on the first day of the month in which
the child later becomes or again becomes a student as described
by subsection (a)(3) of this section, if any lump sum paid is
returned to the Fund. This annuity and the right thereto
terminate on the last day of the month before the child--
(A) * * *
* * * * * * *
(E) [dies or marries;] dies, marries, or enters into
a domestic partnership;
whichever first occurs. On the death of the surviving spouse or
former spouse (or domestic partner or former domestic partner)
or termination of the annuity of a child, the annuity of any
other child or children shall be recomputed and paid as though
the [spouse, former spouse, or child] spouse or former spouse
(or domestic partner or former domestic partner) or child, had
not survived the employee or Member.
(4) If the annuity of a child under this subchapter
terminates under paragraph (3)(E) because of [marriage, then,
if such marriage] marriage, then, if such marriage (or a
domestic partnership, then, if such domestic partnership) ends,
such annuity shall resume on the first day of the month in
which it ends, but only if--
(A) * * *
* * * * * * *
[(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 at the date of separation,
the surviving spouse--
[(1) is entitled to an annuity equal to 55 percent of
the deferred annuity of the Member commencing on the
day after the Member dies and terminating on the last
day of the month before the surviving spouse dies or
remarries; or
[(2) may elect to receive the lump-sum credit instead
of annuity if the spouse 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 payable
under this subsection to the surviving spouse of a Member may
not exceed the difference between--
[(A) the annuity which would otherwise be payable to
such surviving spouse under this subsection, and
[(B) the amount of the survivor annuity payable to
any former spouse of such Member under subsection (h)
of this section.
[(g) In the case of a surviving spouse whose annuity under
this section is terminated because of remarriage before
becoming 55 years of age, annuity at the same rate shall be
restored commencing on the day the remarriage is dissolved by
death, annulment, or divorce, if--
[(1) the surviving spouse 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; and
[(2) any lump sum paid on termination of the annuity
is returned to the Fund.
[(h)(1) Subject to paragraphs (2) through (5) of this
subsection, a former spouse 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) of this
title 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) of this title, 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 under this
subsection may not exceed the difference between--
[(i) the amount applicable in the case of such former
spouse, as determined under subparagraph (B) of this
paragraph, and
[(ii) the amount of any annuity payable under this
subsection to any other former spouse of the employee,
Member, or annuitant, based on an election previously
made under section 8339(j)(3) of this title, or a court
order previously issued.
[(B) The applicable amount, for purposes of subparagraph
(A)(i) of this paragraph in the case of a former spouse, is the
amount which would be applicable--
[(i) under subsection (b)(4)(A) of this section in
the case of a widow or widower, if the deceased was an
employee or Member who died after retirement;
[(ii) under subparagraph (A) of subsection (d) of
this section in the case of a widow or widower, if the
deceased was an employee or Member described in the
first sentence of such subsection; or
[(iii) under subparagraph (A) of subsection (f) of
this section in the case of a surviving spouse, if the
deceased was a Member described in the first sentence
of such subsection.
[(3) The commencement and termination of an annuity 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
[(ii) the first day of the second month
beginning after the date on which the Office
receives written notice of the order, decree,
agreement, or election, as the case may be,
together with such additional information or
documentation 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) of this
subsection, no later than the last day of the
month before the former spouse remarries 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.
[(4) For purposes of this subchapter, a modification in a
decree, order, agreement, or election referred to in paragraph
(1) of this subsection shall not be effective--
[(A) if such modification is made after the
retirement or death of the employee or Member
concerned, and
[(B) to the extent that such modification involves an
annuity under this subsection.
[(5) For purposes of this subchapter, a decree, order,
agreement, or election referred to in paragraph (1) of this
subsection shall not be effective, in the case of a former
spouse, to the extent that it is inconsistent with any joint
designation or waiver previously executed with respect to such
former spouse under section 8339(j)(1) of this title 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 Commonwealth of Puerto
Rico, Guam, the Northern Mariana Islands, or the Virgin
Islands, and any Indian court.
[(i) The requirement in subsections (a)(1)(A) and (a)(2)(A)
of this section that the surviving spouse of an employee or
Member have been married to such employee or Member for at
least 9 months immediately before the employee or Member's
death in order to qualify as the widow or widower of such
employee 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 of such individual had been
previously married to the individual and subsequently
divorced, and the aggregate time married is at least 9
months.
[(k)(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 before age 55) shall not apply
if the widow, widower, or former spouse was married for at
least 30 years to the individual on whose service the survivor
annuity is based.
[(2) A remarriage described in paragraph (1) shall not be
taken into account for purposes of section 8339(j)(5)(B) or (C)
or any other provision of this chapter which the Office may by
regulation identify in order to carry out the purposes of this
subsection.]
(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 percent of
the deferred annuity of the Member commencing on the
day after the Member dies and terminating 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 partner) 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 payable
under this subsection to the surviving spouse (or surviving
domestic partner) of a Member may not exceed the difference
between--
(A) the annuity which would otherwise be payable to
such surviving spouse (or such surviving domestic
partner) under this subsection, and
(B) the amount of the survivor annuity payable to any
former spouse (or any former domestic partner) of such
Member under subsection (h).
(g) In the case of a surviving spouse (or surviving domestic
partner) whose annuity under this section is terminated because
of remarriage (or entry into a subsequent domestic partnership)
before becoming 55 years of age, annuity 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
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.
(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 exceed the
difference between--
(i) the amount applicable in the case of such former
spouse (or former domestic partner), as determined
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 subparagraph
(A)(i) in the case of a former spouse (or former domestic
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 deceased 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 partner), if
the deceased was an employee or Member described in the
first sentence of such subsection; or
(iii) under subparagraph (A) of subsection (f) in the
case of a surviving spouse (or surviving domestic
partner), if the deceased was a Member described in the
first sentence of such subsection.
(3) The commencement and termination of an annuity 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
(ii) the first day of the second month
beginning after the date on which the Office
receives written notice of the order, decree,
agreement, or election, as the case may be,
together with such additional information or
documentation 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
partnership) 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
domestic 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 retirement
or death of the employee or Member concerned, and
(B) to the extent that such modification involves 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 Commonwealth of Puerto
Rico, Guam, the Northern Mariana Islands, or the Virgin
Islands, and any Indian court.
(i) The requirement in subsections (a)(1)(A), (a)(2)(A), and
(a)(5)(A) that the surviving spouse (or surviving 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 qualify 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 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 married
to (or in a domestic partnership with) the individual
that was subsequently dissolved (or terminated), and
the aggregate time married (or in a domestic
partnership) is at least 9 months.
(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 domestic
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 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. 8342. Lump-sum benefits; designation of beneficiary; order of
precedence
(a) * * *
* * * * * * *
(c) Lump-sum benefits authorized by subsections (d)-(f) of
this section shall be paid to the person or persons surviving
the employee or Member and alive at the date title to the
payment arises in the following order of precedence, and the
payment bars recovery by any other person:
First, to the beneficiary or beneficiaries designated
by the employee or Member in a signed and witnessed
writing received in the Office before his death. For
this purpose, a designation, change, or cancellation of
beneficiary in a will or other document not so executed
and filed has no force or effect.
Second, if there is no designated beneficiary, to the
widow or widower (or surviving partner) of the employee
or Member.
Third, if none of the above, to the child or children
of the employee or Member and descendants of deceased
children by representation.
Fourth, if none of the above, to the parents of the
employee or Member or the survivor of them.
Fifth, if none of the above, to the duly appointed
executor or administrator of the estate of the employee
or Member.
Sixth, if none of the above, to such other next of
kin of the employee or Member as the Office determines
to be entitled under the laws of the domicile of the
employee or Member at the date of his death.
For the purpose of this subsection, ``child'' includes a
natural child and an adopted child, but does not include a
stepchild.
* * * * * * *
(j)(1)(A) Payment of the lump-sum credit under subsection (a)
may be made only if the spouse, if any, and any former spouse
(or the domestic partner, if any, and any former domestic
partner) of the employee or Member are notified of the employee
or Member's application.
(B) The Office shall prescribe regulations under which the
lump-sum credit shall not be paid without the consent of a
spouse or former spouse (or domestic partner or former domestic
partner) of the employee or Member where the Office has
received such additional information and documentation as the
Office may require that--
(i) * * *
(ii) payment of the lump-sum credit would extinguish
the entitlement of the spouse or former spouse (or
domestic partner or former domestic partner), under a
court order on file with the Office, to a survivor
annuity under section 8341(h) or to any portion of an
annuity under section 8345(j).
(2)(A) Notification of a spouse or former spouse (or domestic
partner or former domestic partner) under this subsection shall
be made in accordance with such requirements as the Office
shall by regulation prescribe.
(B) Under the regulations, the Office may provide that
paragraph (1)(A) of this subsection may be waived with respect
to a spouse or former spouse (or domestic partner or former
domestic partner) if the employee or Member establishes to the
satisfaction of the Office that the whereabouts of such spouse
or former spouse (or domestic partner or former domestic
partner) cannot be determined.
* * * * * * *
Sec. 8343a. Alternative forms of annuities
(a) * * *
(b) Subject to subsection (c), the Office shall by regulation
provide for such alternative forms of annuities as the Office
considers appropriate, except that among the alternatives
offered shall be--
(1) * * *
(2) in the case of an employee or Member who is
married (or in a domestic partnership) at the time of
retirement, an alternative which provides for--
(A) * * *
(B) payment of an annuity to the employee or
Member for life, with a survivor annuity
payable for the life of a surviving spouse (or
surviving domestic partner).
* * * * * * *
(e) An employee or Member who is married (or in a domestic
partnership) at the time of retiring under this subchapter and
who makes an election under this section may, during the 18-
month period beginning on the date of retirement, make the
election provided for under section 8339(o) of this title,
subject to the deposit requirement thereunder.
* * * * * * *
Sec. 8347. Administration; regulations
(a) * * *
* * * * * * *
(n)(1) Notwithstanding any other provision of this
subchapter, the Director of Central Intelligence shall, in a
manner consistent with the administration of this subchapter by
the Office, and to the extent considered appropriate by the
Director of Central Intelligence--
(A) * * *
* * * * * * *
(D) collect deposits to the Fund made by such
employees, [their spouses, and their former spouses]
their spouses, domestic partners, former spouses, and
former domestic partners;
* * * * * * *
Sec. 8351. Participation in the Thrift Savings Plan
(a) * * *
(b)(1) * * *
* * * * * * *
(5)(A) The provisions of section 8435 of this title that
require a waiver or consent by the spouse (or domestic partner)
of an employee or Member (or former employee or Member) shall
not apply with respect to sums in the Thrift Savings Fund
contributed by the employee or Member (or former employee or
Member) and earnings in the fund attributable to such sums.
(B) An election or change of election authorized by
subchapter III of chapter 84 of this title shall be effective
in the case of [a married employee or Member] an employee or
Member who is married (or in a domestic partnership), and a
loan or withdrawal may be approved under section 8433(g) and
(h) of this title in such case, only after the Executive
Director notifies the employee's or Member's spouse (or
domestic partner) that the election or change of election has
been made or that the Executive Director has received an
application for such loan or withdrawal, as the case may be.
(C) Subparagraph (B) may be waived with respect to a spouse
(or domestic partner) if the employee or Member establishes to
the satisfaction of the Executive Director of the Federal
Retirement Thrift Investment Board that the whereabouts of such
spouse (or domestic partner) cannot be determined.
(D) Except with respect to the making of loans or withdrawals
under section 8433(g) or (h), none of the provisions of this
paragraph requiring notification to a spouse or former spouse
(or domestic partner or former domestic partner) of an
employee, Member, former employee, or former Member shall apply
in any case in which the nonforfeitable account balance of the
employee, Member, former employee, or former Member is $3,500
or less.
* * * * * * *
CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
Sec.
8401. Definitions.
* * * * * * *
* * * * * * *
[8416. Survivor reduction for a current spouse.
[8417. Survivor reduction for a former spouse.]
8416. Survivor reduction for a current spouse or a current domestic
partner.
8417. Survivor reduction for a former spouse or a former domestic
partner.
* * * * * * *
[8435. Protections for spouses and former spouses.]
8435. Protections for spouses, domestic partners, former spouses, and
former domestic partners.
* * * * * * *
* * * * * * *
[8442. Rights of a widow or widower.]
8442. Rights of a widow, widower, or surviving partner.
* * * * * * *
[8445. Rights of a former spouse.]
8445. Rights of a former spouse or former domestic partner.
* * * * * * *
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 8401. Definitions
For the purpose of this chapter--
(1) * * *
* * * * * * *
(35) the term ``air traffic controller'' or
``controller'' means--
(A) * * *
(B) a civilian employee of the Department of
Transportation or the Department of Defense who
is the immediate supervisor of a person
described in section 2109(1)(B); [and]
(36) the term ``customs and border protection
officer'' means an employee in the Department of
Homeland Security (A) who holds a position within the
GS-1895 job series (determined applying the criteria in
effect as of September 1, 2007) or any successor
position, and (B) whose duties include activities
relating to the arrival and departure of persons,
conveyances, and merchandise at ports of entry,
including any such employee who is transferred directly
to a supervisory or administrative position in the
Department of Homeland Security after performing such
duties (as described in subparagraph (B)) in 1 or more
positions (as described in subparagraph (A)) for at
least 3 years [.]; and
(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.
* * * * * * *
SUBCHAPTER II--BASIC ANNUITY
* * * * * * *
Sec. 8411. Creditable service
(a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
(4)(A) * * *
* * * * * * *
(C) The Office of Personnel Management shall prescribe
regulations to carry out this paragraph, including regulations
under which--
(i) * * *
(ii) this paragraph shall be carried out in any case
which involves a former spouse (or former domestic
partner).
* * * * * * *
(l)(1) * * *
* * * * * * *
(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such
regulations shall include--
(A) * * *
(B) provisions under which the Office may provide
for--
(i) the payment, to the spouse (or domestic
partner) or children of any individual referred
to in the first sentence of paragraph (1), of
any amounts which (but for this clause) would
otherwise have been nonpayable by reason of
such first sentence, subject to paragraph (5);
and
* * * * * * *
(5) Regulations to carry out clause (i) of paragraph (4)(B)
shall include provisions to ensure that the authority to make
any payment under such clause to the spouse (or domestic
partner) or children of an individual shall be available only
to the extent that the application of such clause is considered
necessary and appropriate taking into account the totality of
the circumstances, including the financial needs of the spouse
(or domestic partner) or children, whether the spouse (or
domestic partner) or children participated in an offense
described in paragraph (2) of which such individual was finally
convicted, and what measures, if any, may be necessary to
ensure that the convicted individual does not benefit from any
such payment.
* * * * * * *
Sec. 8416. Survivor reduction for a current spouse or a current
domestic partner
(a)(1) If an employee or Member is married (or in a domestic
partnership) at the time of retiring under this chapter, the
reduction described in section 8419(a) shall be made unless the
employee or Member and the spouse (or domestic partner) jointly
waive, by written election, any right which the spouse (or
domestic partner) may have to a survivor annuity under section
8442 based on the service of such employee or Member. A waiver
under this paragraph shall be filed with the Office under
procedures prescribed by the Office.
(2) Notwithstanding paragraph (1), an employee or Member who
is married (or in a domestic partnership) at the time of
retiring under this chapter may waive the annuity for a
surviving spouse (or domestic partner) without the spouse's (or
domestic partner's) consent if the employee or Member
establishes to the satisfaction of the Office (in accordance
with regulations prescribed by the Office)--
(A) that the spouse's (or domestic partner's)
whereabouts cannot be determined; or
(B) that, due to exceptional circumstances, requiring
the employee or Member to seek the spouse's (or
domestic partner's) consent would otherwise be
inappropriate.
* * * * * * *
[(b)(1) Upon remarriage, a retired employee or Member who was
married at the time of retirement (including an employee or
Member whose annuity was not reduced to provide a survivor
annuity for the employee's or Member's spouse or former spouse
as of the time of retirement) may irrevocably elect during such
marriage, in a signed writing received by the Office within 2
years after such remarriage or, if later, within 2 years after
the death or remarriage of any former spouse of such employee
or Member who was entitled to a survivor annuity under section
8445 (or of the last such surviving former spouse, if there was
more than one), 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 in the event
such spouse 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.
[(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 employee
or Member under section 8420 with respect to a
different individual, prospectively void such election
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 retirement of
such employee or Member shall not be effective if--
[(A) the employee or Member was married to 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).
[(c)(1) An employee or Member who is unmarried at the time of
retiring under this chapter and who later marries may
irrevocably elect, in a signed writing received by the Office
within 2 years after such employee or Member marries or, if
later, within 2 years after the death or remarriage of any
former spouse of such employee or Member who was entitled to a
survivor annuity under section 8445 (or of the last such
surviving former spouse, if there was more than one), a
reduction in the current annuity of the retired employee or
Member, in accordance with section 8419(a).]
(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 annuity 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
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 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 partner) 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 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 employee or
Member under section 8420 with respect to a different
individual, prospectively void such election 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 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).
(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 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 domestic
partner) of such employee or Member who was
entitled to a survivor annuity under section
8445,
(ii) if more than 1, the death or remarriage
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 employee or
Member, in accordance with section 8419(a).
(2) The election and reduction shall take effect the first
day of the first month beginning 9 months after the date of
[marriage.] marriage (or domestic partnership). Any such
election to provide a survivor annuity for an individual--
(A) * * *
* * * * * * *
(d)(1) An employee or Member--
(A) who is married (or in a domestic partnership) on
the date of retiring under this chapter, and
(B) with respect to whose spouse (or domestic
partner) a waiver under subsection (a) has been made,
may, during the 18-month period beginning on such date, elect
to have a reduction made under section 8419 in order to provide
a survivor annuity under section 8442 for such spouse (or
domestic partner).
* * * * * * *
Sec. 8417. Survivor reduction for a former spouse or a former domestic
partner
(a) If an employee or Member has a former spouse (or a former
domestic partner) who is entitled to a survivor annuity as
provided in section 8445, the reduction described in section
8419(a) shall be made.
(b)(1) An employee or Member who has a former spouse (or
former domestic partner) may elect, under procedures prescribed
by the Office, a reduction in the annuity of the employee or
Member under section 8419(a) in order to provide a survivor
annuity for such former spouse (or former domestic partner)
under section 8445.
[(2) An election under this subsection shall be made at the
time of retirement or, if the marriage is dissolved after the
date of retirement, within 2 years after the date on which the
marriage of the former spouse to the employee or Member is so
dissolved.]
(2) An election under this subsection shall be made at the
time of retirement or, if the marriage is dissolved (or the
domestic partnership is terminated) after the date of
retirement, within 2 years after the date on which the marriage
of the former spouse to the employee or Member is so dissolved
(or the domestic partnership of the former domestic partner
with the employee or Member is so terminated).
(3) An election under this subsection--
(A) shall not be effective to the extent that it--
(i) * * *
(ii) would cause the total of survivor
annuities payable under sections 8442 and 8445,
respectively, based on the service of the
employee or Member to exceed the amount which
would be payable to a widow or widower (or a
surviving partner) of such employee or Member
under such section 8442 (determined without
regard to any reduction to provide for an
annuity under such section 8445); and
[(B) shall not be effective, in the case of an
employee or Member who is then married, unless it is
made with the spouse's written consent.]
(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.
* * * * * * *
Sec. 8418. Survivor elections; deposit; offsets
(a) * * *
(b) The Office shall, by regulation, provide for payment of
the deposit required under subsection (a) 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 equivalent to the deposit
required under subsection (a), except that the total reductions
in the annuity of an employee or Member to pay deposits
required by this section shall not exceed 25 percent of the
annuity computed under section 8415 or section 8452, including
adjustments under section 8462. The reduction required by this
subsection, which shall be effective at the same time as the
election under section 8416(b) and (c) or section 8417(b),
shall be permanent and unaffected by any future termination of
the marriage (or domestic partnership) or the entitlement of
the [former spouse.] former spouse (or former domestic
partner). Such reduction shall be independent of and in
addition to the reduction required under section 8416(b) and
(c) or section 8417(b).
* * * * * * *
Sec. 8419. Survivor reductions; computation
(a)(1) Except as provided in paragraph (2), the annuity of an
annuitant computed under section 8415, or under section 8452
(including subsection (a)(2) of such section, if applicable) or
one-half of the annuity, if jointly designated for this purpose
by the employee or Member and the spouse (or domestic partner)
of the employee or Member under procedures prescribed by the
Office of Personnel Management, shall be reduced by 10 percent
if a survivor annuity, or a combination of survivor annuities,
under section 8442 or 8445 (or both) are to be provided for.
(2)(A) If no survivor annuity under section 8442 is to be
provided for, but one or more survivor annuities under section
8445 involving a total of less than the entirety of the amount
referred to in subsection (b)(2) of such section are to be
provided for, the annuity of the annuitant involved (as
computed under section 8415, or under section 8452 (including
subsection (a)(2) of such section, if applicable)) or one-half
of the annuity, if jointly designated for this purpose by the
employee or Member and the spouse (or domestic partner) of the
employee or Member under procedures prescribed by the Office of
Personnel Management, shall be reduced by an appropriate
percentage determined under subparagraph (B).
* * * * * * *
[(b)(1) Any reduction in an annuity for the purpose of
providing a survivor annuity for the current spouse of a
retired employee or Member shall be terminated for each full
month--
[(A) after the death of the spouse; or
[(B) after the dissolution of the spouse's marriage
to the employee or Member, except that an appropriate
reduction shall be made thereafter if the spouse is
entitled, as a former spouse, 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 of a retired employee or
Member shall be terminated for each full month after the former
spouse remarries before reaching age 55 or dies. This reduction
shall be replaced by appropriate reductions under subsection
(a) if the retired employee or Member has one or more of the
following:
[(A) another former spouse who is entitled to a
survivor annuity under section 8445;
[(B) a current spouse to whom the employee or Member
was married 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 after retirement and with respect to whom an
election has been made under subsection (b) or (c) of
section 8416.]
(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 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 marriage 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 entitled, 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 subsequent domestic
partnership) before reaching age 55 or dies. This reduction
shall be replaced by appropriate reductions 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 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 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 domestic partnership)
after retirement and with respect to whom an election
has been made under subsection (b) or (c) of section
8416.
Sec. 8420. Insurable interest reductions
(a) * * *
(b)(1) In the case of a [married employee or Member] employee
or Member who is married (or in a domestic partnership), an
election under this section on behalf of the spouse (or
domestic partner) may be made only if any right of such spouse
(or domestic partner) to a survivor annuity based on the
service of such employee or Member is waived in accordance with
section 8416(a).
(2) Paragraph (1) does not apply in the case of an employee
or Member if such employee or Member has a former spouse (or
former domestic partner) who would become entitled to an
annuity under section 8445 as a survivor of such employee or
Member.
Sec. 8420a. Alternative forms of annuities
(a) * * *
(b) Subject to subsection (c), the Office shall by regulation
provide for such alternative forms of annuities as the Office
considers appropriate, except that among the alternatives
offered shall be--
(1) * * *
(2) in the case of an employee or Member who is
married (or in a domestic partnership) at the time of
retirement, an alternative which provides for--
(A) * * *
(B) payment of an annuity to the employee or
Member for life, with a survivor annuity
payable for the life of a [surviving spouse.]
surviving spouse (or surviving domestic
partner).
* * * * * * *
(d) An employee or Member who, at the time of retiring under
this subchapter--
(1) is [married,] married (or in a domestic
partnership), shall be ineligible to make an election
under this section unless a waiver is made under
section 8416(a); or
(2) has a former spouse (or former domestic partner),
shall be ineligible to make an election under this
section if the former spouse (or former domestic
partner) is entitled to benefits under section 8445 or
8467 (based on the service of the employee or Member)
under the terms of a decree of divorce or annulment, or
a court order or court-approved property settlement
incident to any such decree, with respect to which the
Office has been duly notified.
(e) An employee or Member who is married (or in a domestic
partnership) at the time of retiring under this subchapter and
who makes an election under this section may, during the 18-
month period beginning on the date of retirement, make the
election provided for under section 8416(d), subject to the
deposit requirement thereunder.
* * * * * * *
Sec. 8424. Lump-sum benefits; designation of beneficiary; order of
precedence
(a) * * *
(b)(1)(A) Payment of the lump-sum credit under subsection (a)
may be made only if [the spouse, if any, and any former spouse]
any spouse or former spouse (and any domestic partner or former
domestic partner) of the employee or Member are notified of the
employee or Member's application.
(B) The Office shall prescribe regulations under which the
lump-sum credit shall not be paid without the consent of a
[spouse or former spouse] spouse or former spouse (or domestic
partner or former domestic partner) of the employee or Member
where the Office has received such additional information or
documentation as the Office may require that--
(i) * * *
(ii) payment of the lump-sum credit would extinguish
the entitlement of the [spouse or former spouse] spouse
or former spouse (or domestic partner or former
domestic partner), under a court order on file with the
Office, to a survivor annuity under section 8445 or to
any portion of an annuity under section 8467.
(2)(A) Notification of a [spouse or former spouse] spouse or
former spouse (or domestic partner or former domestic partner)
under this subsection shall be made in accordance with such
requirements as the Office shall by regulation prescribe.
(B) Under the regulations, the Office may provide that
paragraph (1)(A) may be waived with respect to a [spouse or
former spouse] spouse or former spouse (or domestic partner or
former domestic partner) if the employee or Member establishes
to the satisfaction of the Office that the whereabouts of such
[spouse or former spouse] spouse or former spouse (or domestic
partner or former domestic partner) cannot be determined.
* * * * * * *
(d) Lump-sum benefits authorized by subsections (e) through
(g) shall be paid to the individual or individuals surviving
the employee or Member and alive at the date title to the
payment arises in the following order of precedence, and the
payment bars recovery by any other individual:
First, to the beneficiary or beneficiaries designated
by the employee or Member in a signed and witnessed
writing received in the Office before the death of such
employee or Member. For this purpose, a designation,
change, or cancellation of beneficiary in a will or
other document not so executed and filed has no force
or effect.
Second, if there is no designated beneficiary, to the
[widow or widower] widow or widower (or surviving
partner) of the employee or Member.
Third, if none of the above, to the child or children
of the employee or Member and descendants of deceased
children by representation.
Fourth, if none of the above, to the parents of the
employee or Member or the survivor of them.
Fifth, if none of the above, to the duly appointed
executor or administrator of the estate of the employee
or Member.
Sixth, if none of the above, to such other next of
kin of the employee or Member as the Office determines
to be entitled under the laws of the domicile of the
employee or Member at the date of death of the employee
or Member.
For the purpose of this subsection, ``child'' includes a
natural child and an adopted child, but does not include a
stepchild.
* * * * * * *
SUBCHAPTER III--THRIFT SAVINGS PLAN
* * * * * * *
Sec. 8434. Annuities: methods of payment; election; purchase
(a)(1) * * *
(2) The methods of payment prescribed under paragraph (1)
shall include, but not be limited to--
(A) * * *
(B) a method which provides for the payment of a monthly
annuity to an annuitant for the joint lives of the annuitant
and the spouse (or domestic partner) of the annuitant and an
appropriate monthly annuity to the one of them who survives the
other of them for the life of the survivor;
* * * * * * *
(E) a method which provides for the payment of a monthly
annuity--
(i) to the annuitant for the joint lives of the
annuitant and an individual who is designated by the
annuitant under regulations prescribed by the Executive
Director and (I) is a former spouse (or former domestic
partner) of the annuitant, or (II) has an insurable
interest in the annuitant; and
* * * * * * *
Sec. 8435. Protections for [spouses and former spouses] spouses,
domestic partners, former spouses, and former
domestic partners
(a)(1)(A) [A married employee or Member (or former employee
or Member)] An employee or Member, or former employee or former
Member, who is married (or in a domestic partnership) may
withdraw all or part of a Thrift Savings Fund account under
subsection (b)(2), (3), or (4) of section 8433 of this title or
change a withdrawal election only if the employee or Member (or
former employee or Member) satisfies the requirements of
subparagraph (B). [A married employee or Member (or former
employee or Member)] An employee or Member, or former employee
or former Member, who is married (or in a domestic partnership)
may make a withdrawal from a Thrift Savings Fund account under
subsection (c)(1) of section 8433 of this title only if the
employee or Member (or former employee or Member) satisfies the
requirements of subparagraph (B).
(B) An employee or Member (or former employee or Member) may
make an election or change referred to in subparagraph (A) if
the employee or Member and the employee's or Member's spouse or
domestic partner (or the former employee or Member and the
former employee's or Member's spouse or domestic partner)
jointly waive, by written election, any right which the spouse
or domestic partner may have to a survivor annuity with respect
to such employee or Member (or former employee or Member) under
section 8434 of this title or subsection (b).
(2) Paragraph (1) shall not apply to an election or change of
election by an employee or Member (or former employee or
Member) who establishes to the satisfaction of the Executive
Director (at the time of the election or change and in
accordance with regulations prescribed by the Executive
Director)--
(A) that the spouse's (or domestic partner's)
whereabouts cannot be determined; or
(B) that, due to exceptional circumstances, requiring
the spouse's (or domestic partner's) waiver would
otherwise be inappropriate.
(b)(1) Notwithstanding any election under subsection (b) of
section 8434 of this title, the method described in subsection
(a)(2)(B) of such section (or, if more than one form of such
method is available, the form which the Board determines to be
the one which provides for a surviving spouse (or surviving
domestic partner) a survivor annuity most closely approximating
the annuity of a surviving spouse (or surviving domestic
partner) under section 8442 of this title) shall be deemed the
applicable method under such subsection (b) in the case of an
employee, Member, former employee, or former Member who is
married (or in a domestic partnership) on the date on which an
annuity contract is purchased to provide for the employee's,
Member's, former employee's, or former Member's annuity under
this subchapter.
(2) Paragraph (1) shall not apply if--
(A) a joint waiver of such method is made, in
writing, by the employee or Member and the spouse (or
domestic partner); or
* * * * * * *
(d)(1) Subject to paragraphs (2) through (7), a former spouse
(or former domestic partner) of a deceased employee or Member
(or a deceased former employee or Member) who died after
performing 18 or more months of service and a former spouse (or
former domestic partner) of a deceased former employee or
Member who died entitled to an immediate or deferred annuity
under subchapter II of this chapter is entitled to a survivor
annuity under this subsection if and to the extent that--
(A) * * *
* * * * * * *
(3) The amount of the survivor annuity payable from the
Thrift Savings Fund to a former spouse (or former domestic
partner) of a deceased employee, Member, former employee, or
former Member under this section may not exceed the excess, if
any, of--
(A) the amount of the survivor annuity determined for
a surviving spouse (or surviving domestic partner) of
the deceased employee, Member, former employee, or
former Member under the method described in subsection
(b)(1), over
(B) the total amount of all other survivor annuities payable
under this subchapter to other former spouses (or former
domestic partners) of such deceased employee, Member, former
employee, or former Member based on the order of precedence
provided in paragraph (4).
(4) If more than one former spouse (or former domestic
partner) of a deceased employee, Member, former employee, or
former Member is entitled to a survivor annuity pursuant to
this subsection, the amount of each such survivor annuity shall
be limited appropriately to carry out paragraph (3) in the
order of precedence established for the entitlements by the
chronological order of the dates on which elections are
properly made pursuant to section 8434(a)(2)(E) of this title
and the dates on which the court decrees, orders, or agreements
applicable to the entitlement were issued, as the case may be.
(5) Subsections (c) and (d) of section 8445 of this title
shall apply to an entitlement of a former spouse (or former
domestic partner) to a survivor annuity under this subsection.
(6) For the purposes of this section, a court decree, order,
or agreement or an election referred to in subsection (a) of
this section shall not be effective, in the case of a former
spouse (or former domestic partner), to the extent that the
election is inconsistent with any joint waiver previously
executed with respect to such former spouse (or former domestic
partner) under subsection (a)(2) or (b)(2).
* * * * * * *
[(e)(1)(A) A loan or withdrawal may be made to a married
employee or Member under section 8433(g) and (h) of this title
only if the employee's or Member's spouse consents to such loan
or withdrawal in writing.]
(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.
* * * * * * *
(C) Subparagraph (A) shall not apply to a loan or withdrawal
to an employee or Member who establishes to the satisfaction of
the Executive Director (at the time the employee or Member
applies for such loan or withdrawal and in accordance with
regulations prescribed by the Executive Director)--
(i) that the spouse's (or domestic partner's)
whereabouts cannot be determined; or
(ii) that, due to exceptional circumstances,
requiring the employee or Member to seek the spouse's
(or domestic partner's) consent would otherwise be
inappropriate.
* * * * * * *
(g) Except with respect to the making of loans or withdrawals
under section 8433(g) and (h), none of the provisions of this
section requiring notification to, or the consent or waiver of,
a spouse or former spouse (or domestic partner or former
domestic partner) of an employee, Member, former employee, or
former Member shall apply in any case in which the
nonforfeitable account balance of the employee, Member, former
employee, or former Member is $3,500 or less.
* * * * * * *
Sec. 8440a. Justices and judges
(a) * * *
(b)(1) * * *
* * * * * * *
(6) The provisions of section 8351(b)(5) of this title shall
govern the rights of spouses (or domestic partners) of justices
or judges contributing to the Thrift Savings Fund under this
section.
* * * * * * *
SUBCHAPTER IV--SURVIVOR ANNUITIES
Sec. 8441. Definitions
For the purpose of this subchapter--
(1) * * *
* * * * * * *
(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 months
immediately before the death of such employee,
Member, or annuitant, or former 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;
[(3)] (4) the term ``dependent'', in the case of any
child, means that the employee, Member, or annuitant
involved was, at the time of death of the employee,
Member, or annuitant either living with or contributing
to the support of such child, as determined in
accordance with such regulations as the Office shall
prescribe; and
[(4)] (5) the term ``child'' means--
(A) an unmarried dependent child under 18
years of age, including (i) an adopted child,
(ii) a stepchild but only if the stepchild
lived with the employee, Member, or annuitant
in a regular parent-child relationship, (iii) a
recognized natural child, and (iv) a child who
lived with and for whom a petition of adoption
was filed by an employee, Member, or annuitant
and who is adopted by the widow or widower (or
surviving partner) of the employee, Member, or
annuitant after the death of such employee,
Member, or annuitant;
* * * * * * *
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.
Sec. 8442. Rights of a [widow or widower] widow, widower, or surviving
partner
(a)(1) Except as provided in subsection (g), if an annuitant
dies and is survived by a widow or widower (or surviving
partner), the widow or widower (or surviving partner) is
entitled to an annuity equal to 50 percent of an annuity
computed under section 8415 with respect to the annuitant, (or
one-half thereof, if designated for this purpose under section
8419 of this title), unless--
(A) * * *
(B) in the case of a marriage (or entry into a
domestic partnership) after retirement, the annuitant
did not file an election under section 8416(b) or (c),
as the case may be.
(2) A spouse (or domestic partner) acquired after retirement
is entitled to an annuity under this subsection (as provided in
paragraph (1)) only upon electing this annuity instead of any
other survivor benefit to which such spouse (or domestic
partner) may be entitled under this subchapter or section 8424
or under another retirement system for Government employees.
(b)(1) If an employee or Member dies after completing at
least 18 months of civilian service creditable under section
8411 and is survived by a widow or widower (or surviving
partner), the widow or widower (or surviving partner) is
entitled to--
(A) * * *
* * * * * * *
(2) The Office shall prescribe regulations under which the
total amount payable to a widow or widower (or surviving
partner) under paragraph (1)(A) may, at the election of the
widow or widower (or surviving partner), be paid--
(A) * * *
* * * * * * *
(c)(1) If a former employee or Member dies after having
separated from the service with title to a deferred annuity
under section 8413 but before having established a valid claim
for an annuity, and is survived by a widow or widower to whom
married (or a surviving partner with whom in a domestic
partnership) on the date of separation, the [widow or widower]
widow or widower (or surviving partner) may elect to receive--
(A) * * *
(B) the lump-sum credit, if the [widow or widower]
widow or widower (or surviving partner) is the
individual who would be entitled to the lump-sum credit
and if such [widow or widower] widow or widower (or
surviving partner) files application therefor with the
Office.
(2)(A)(i) Subject to clause (ii) and subparagraph (B)(ii),
the annuity of the [widow or widower] widow or widower (or
surviving partner) is equal to 50 percent of an annuity
computed under section 8415 for the former employee or Member.
(ii)(I) In computing an amount under section 8415 for a
former employee or Member (described in subclause (II)) in
order to compute the annuity for a [widow or widower] widow or
widower (or surviving partner) under this subsection, the
computation under section 8415 shall be made as if the former
employee or Member had attained the applicable minimum
retirement age under section 8412(h).
* * * * * * *
(B)(i) Notwithstanding the first sentence of subsection
(d)(1), the annuity of the [widow or widower] widow or widower
(or surviving partner) of a former employee or Member under
subparagraph (A)(ii) commences--
(I) * * *
(II) if the [widow or widower] widow or widower (or
surviving partner) so designates in the election, as of
the day after the death of the former employee or
Member.
(ii) The present value of the annuity of a [widow or widower]
widow or widower (or surviving partner) who chooses the earlier
commencement date under clause (i)(II) shall be actuarially
equivalent to the present value of an annuity computed for the
[widow or widower] widow or widower (or surviving partner),
determined as if the commencement date under clause (i)(I) were
applicable.
(3)(A) * * *
(B) Nothing in this subsection shall be considered to affect
the provisions of this chapter relating to a lump-sum credit in
the case of the [widow or widower] widow or widower (or
surviving partner) of a former employee or Member who dies
after completing less than 10 years of service.
(d)(1) The annuity of a [widow or widower] widow or widower
(or surviving partner) under this section commences on the day
after the death of the individual on whose service such annuity
is based. This annuity and the right thereto terminate on the
last day of the month before the [widow or widower] widow or
widower (or surviving partner)--
(A) * * *
(B) except as provided in paragraph (3), remarries
(or enters into a subsequent domestic partnership)
before becoming 55 years of age.
(2) In the case of a [widow or widower] widow or widower (or
surviving partner) whose annuity under this section is
terminated because of [remarriage before] remarriage (or entry
into a subsequent domestic partnership) before becoming 55
years of age, the annuity shall be restored at the same rate
commencing on the day the [remarriage is dissolved by death,
divorce, or annulment,] remarriage is dissolved by death,
divorce, annulment (or subsequent domestic partnership is
terminated), if--
(A) the [widow or widower] widow or widower (or
surviving partner) elects to receive this annuity
instead of any other survivor benefit to which such
[widow or widower] widow or widower (or surviving
partner) may be entitled (under this subchapter or
section 8424 or under another retirement system for
Government employees) by reason of the [remarriage;]
remarriage (or entry into a subsequent domestic
partnership); and
* * * * * * *
(3) Paragraph (1)(B) (relating to 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 or widower] widow or widower (or surviving partner) was
married for at least 30 years to (or in a domestic partnership
for at least 30 years with) the individual on whose service the
survivor annuity is based.
(e) The requirement in paragraphs (1)(A) and (2)(A) of
section 8441 that the widow or widower (or surviving partner)
of an annuitant, employee, or Member, or of a former employee
or Member, have been married to (or in a domestic partnership
with) such individual for at least 9 months immediately before
the death of the individual in order to qualify as the widow or
widower (or surviving partner) of such individual shall be
deemed satisfied in any case in which the individual dies
within the applicable 9-month period, if--
(1) * * *
[(2) the surviving spouse of the individual had been
previously married to such individual and subsequently
divorced, and the aggregate time married is at least 9
months.]
(2) the surviving spouse (or surviving domestic
partner) of such individual had been previously married
to (or in a domestic partnership with) the individual
that was subsequently dissolved (or terminated), and
the aggregate time married (or in a domestic
partnership) is at least 9 months.
* * * * * * *
(g)(1) If the [widow or widower] widow, widower, or surviving
partner of an annuitant under section 8452 (hereinafter in this
subsection referred to as a ``disability annuitant'') is
determined under subsection (a) to be entitled to an annuity
based on the service of such disability annuitant, the annuity
of the [widow or widower] widow, widower, or surviving partner
shall be equal to 50 percent of the amount determined under
paragraph (2) (or one-half thereof if designated for this
purpose under section 8419 of this title), rather than of the
amount referred to in subsection (a).
(2)(A) Except as provided in subparagraph (B), the amount on
which the annuity of the [widow or widower] widow, widower, or
surviving partner of a disability annuitant is based shall be
the amount of the annuity to which such disability annuitant
was entitled, as computed under section 8452 (including
appropriate reduction under subsection (a)(2) of such section
and any adjustments under section 8462 allowed under section
8452), as of the day before the date of the disability
annuitant's death.
(B)(i) In the case of a [widow or widower] widow, widower, or
surviving partner entitled to an annuity based on the service
of a disability annuitant who dies before age 62, the amount
under clause (ii) shall apply instead of the amount which would
otherwise apply under subparagraph (A).
* * * * * * *
(h) The following rules shall apply notwithstanding any other
provision of this section:
(1) The annuity payable under this section to a
[widow or widower] widow or widower (or surviving
partner) may not exceed the difference between--
(A) the amount of the annuity which would
otherwise be payable to such [widow or widower]
widow or widower (or surviving partner) under
this section; and
(B) the amount of the annuity payable to any
former spouse (or former domestic partner) of
the deceased employee, Member, or annuitant, or
former employee or Member, based on an election
made under section 8417(b) or a court order
previously issued or agreement previously
entered into as described in section 8445(a).
(2) The amount payable under subsection (b)(1)(A) to
a [widow or widower] widow or widower (or surviving
partner) may not exceed the difference between--
(A) the amount which would otherwise be
payable to such [widow or widower] widow or
widower (or surviving partner) under such
subsection; and
(B) the portion of such amount payable to any
former spouse (or former domestic partner) of
the deceased employee, Member, or annuitant, or
former employee or Member, based on a court
order previously issued or agreement previously
entered into.
* * * * * * *
Sec. 8445. Rights of a [former spouse] former spouse or former domestic
partner
(a) Subject to subsections (b) through (e), a former spouse
(or former domestic partner) of a deceased employee, Member, or
annuitant (or of a former employee or Member who dies after
having separated from the service with title to a deferred
annuity under section 8413 but before having established a
valid claim for annuity) is entitled to an annuity under this
section, if and to the extent expressly provided for in an
election under section 8417(b), 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.
(b)(1) The annuity payable to a former spouse (or former
domestic partner) under this section may not exceed the
difference between--
(A) the amount applicable in the case of such former
spouse (or former domestic partner), as determined
under paragraph (2); and
(B) the amount of any annuity payable under this
section to any other former spouse (or former domestic
partner) of the employee, Member, or annuitant, or
former employee or Member, based on an election
previously made under section 8417(b), or a court order
previously issued or agreement previously entered into
as described in subsection (a).
(2) The applicable amount, for purposes of paragraph (1)(A)
in the case of a former spouse (or former domestic partner), is
the amount of the annuity which would be payable under the
provisions of section 8442 (including subsection (f) of such
section, but without regard to subsection (h) of such section)
if such former spouse (or former domestic partner) were a widow
or widower (or surviving partner) entitled to an annuity under
such provisions based on the service of the deceased employee,
Member, or annuitant, or former employee or Member.
(c) The commencement and termination of an annuity payable
under this section shall be governed by the terms of the
applicable order, decree, agreement, or election, as the case
may be, except that any such annuity--
(1) * * *
(2) except as provided in subsection (h), shall
terminate no later than the last day of the month
before the former spouse remarries (or the former
domestic partner enters into a subsequent domestic
partnership) before becoming 55 years of age or dies.
* * * * * * *
(e) For purposes of this chapter, a decree, order, agreement,
or election referred to in subsection (a) 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
waiver previously executed with respect to such former spouse
(or former domestic partner) under section 8416(a).
* * * * * * *
[(h)(1) Subsection (c)(2) (to the extent that it provides for
termination of a survivor annuity because of a remarriage
before age 55) shall not apply if the former spouse was married
for at least 30 years to the individual on whose service the
survivor annuity is based.
[(2) A remarriage 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 Office may by
regulation identify in order to carry out the purposes of this
subsection.]
(h)(1) Subsection (c)(2), to the extent that it provides 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 former spouse (or former domestic
partner) was married to (or in a domestic 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 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 purposes of this subsection.
* * * * * * *
SUBCHAPTER VI--GENERAL AND ADMINISTRATIVE PROVISIONS
Sec. 8461. Authority of the Office of Personnel Management
(a) * * *
* * * * * * *
(j)(1) Notwithstanding any other provision of this chapter,
the Director of Central Intelligence shall, in a manner
consistent with the administration of this chapter by the
Office, and to the extent considered appropriate by the
Director of Central Intelligence--
(A) * * *
* * * * * * *
(D) collect deposits to the Fund made by [such
employees, their spouses, their former spouses, and
their survivors] such employees and their spouses,
domestic partners, former spouses, former domestic
partners, and survivors;
* * * * * * *
Sec. 8462. Cost-of-living adjustments
(a) * * *
* * * * * * *
(c) Eligibility for an annuity increase under this section is
governed by the commencing date of each annuity payable from
the Fund as of the effective date of an increase, except as
follows:
(1) * * *
(2) Effective from its commencing date, an annuity
payable from the Fund to an annuitant's [survivor
(other than a widow or widower whose annuity is
computed under section 8442(g) or a child under section
8443)] survivor, other than a widow or widower (or
surviving partner) whose annuity is computed under
section 8442(g) or a child under section 8443, shall be
increased by the total percentage by which the deceased
annuitant's annuity had been increased under this
section during the period beginning on the date the
deceased annuitant's annuity commenced and ending on
the date of the deceased annuitant's death.
* * * * * * *
(4) The first increase (if any) made under subsection
(b) to an annuity which is payable from the Fund to a
widow or widower (or surviving partner) whose annuity
is computed under section 8442(g) shall be equal to the
product (adjusted to the nearest one-tenth of 1
percent) of--
(A) * * *
(B) the number of months (not to exceed 12
months, counting any portion of a month as a
month) since--
(i) the effective date of the
adjustment last made under this section
in the annuity of the annuitant on
whose service on the widow's or
widower's (or surviving partner's)
annuity is based; or
* * * * * * *
SUBCHAPTER VII--FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM
* * * * * * *
Sec. 8477. Fiduciary responsibilities; liability and penalties
(a) For the purposes of this section--
(1) * * *
* * * * * * *
(4) the term ``party in interest'' includes--
(A) * * *
* * * * * * *
[(F) a spouse, sibling, ancestor, lineal
descendant, or spouse of a lineal descendant of
a person described in subparagraph (A), (B), or
(D);]
(F) a spouse (or domestic partner), sibling,
ancestor, lineal descendant, or spouse (or
domestic partner) of a lineal descendant of a
person described in subparagraph (A), (B), or
(D);
* * * * * * *
CHAPTER 87--LIFE INSURANCE
Sec. 8701. Definitions
(a) * * *
* * * * * * *
(d)(1) For the purpose of this chapter, ``family member'',
when used with respect to any individual, means--
(A) the spouse or domestic partner of the individual;
and
* * * * * * *
(3) In the case of an individual whose domestic partner has a
child by a previous marriage, domestic partnership (as defined
under regulations of the Office of Personnel Management), or
otherwise, such child shall, unless adopted by such individual,
be treated as a stepchild of such individual.
* * * * * * *
Sec. 8705. Death claims; order of precedence; escheat
(a) Except as provided in subsection (e), the amount of group
life insurance and group accidental death insurance in force on
an employee at the date of his death shall be paid, on the
establishment of a valid claim, to the person or persons
surviving at the date of his death, in the following order of
precedence:
First, to the beneficiary or beneficiaries designated
by the employee in a signed and witnessed writing
received before death in the employing office or, if
insured because of receipt of annuity or of benefits
under subchapter I of chapter 81 of this title as
provided by section 8706(b) of this title, in the
Office of Personnel Management. For this purpose, a
designation, change, or cancellation of beneficiary in
a will or other document not so executed and filed has
no force or effect.
Second, if there is no designated beneficiary, to the
widow or widower or surviving domestic partner of the
employee.
Third, if none of the above, to the child or children
of the employee and descendants of deceased children by
representation.
Fourth, if none of the above, to the parents of the
employee or the survivor of them.
Fifth, if none of the above, to the duly appointed
executor or administrator of the estate of the
employee.
Sixth, if none of the above, to other next of kin of
the employee entitled under the laws of the domicile of
the employee at the date of his death.
* * * * * * *
Sec. 8714c. Optional life insurance on family members
(a) * * *
(b)(1) The optional life insurance on family members provided
under this section shall be made available to each eligible
employee who has elected coverage under this section, under
conditions the Office shall prescribe, in multiples, at the
employee's election, of 1, 2, 3, 4, or 5 times--
(A) $5,000 for a [spouse;] spouse or domestic
partner; and
* * * * * * *
CHAPTER 89--HEALTH INSURANCE
Sec. 8901. Definitions
For the purpose of this chapter--
(1) * * *
* * * * * * *
(5) ``member of family'' means the spouse or domestic
partner of an employee or annuitant and an unmarried
dependent child under 22 years of age, including--
(A) * * *
* * * * * * *
(8) ``employee organization'' means--
(A) * * *
(B) an association or other organization
which is national in scope, in which membership
is open only to employees, annuitants, [or
former spouses,] former spouses, or former
domestic partners, or any combination thereof,
and which, during the 90-day period beginning
on the date of enactment of section 8903a of
this title, applied to the Office for approval
of a plan provided under such section;
* * * * * * *
(10) ``former spouse'' means a former spouse of an
employee, former employee, or annuitant--
(A) * * *
* * * * * * *
except that such term shall not include any such
unremarried former spouse of a former employee whose
marriage was dissolved after the former employee's
separation from the service (other than by retirement);
[and]
(11) ``former domestic partner'' means a domestic
partner--
(A) whose domestic partnership with an
employee, former employee, or annuitant has
terminated,
(B) who has not entered into another domestic
partnership before age 55 after the domestic
partnership to the employee, former employee,
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
(D)(i) who is receiving any portion of a
survivor annuity under section 8341(h) or 8445
(or benefits similar to either of the
aforementioned annuity benefits under a
retirement system 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 annuity
or any portion of an annuity as a former
domestic 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
[(11)] (12) ``qualified clinical social worker''
means an individual--
(A) * * *
* * * * * * *
For purposes of paragraph (5), in the case of an employee or
annuitant whose domestic partner has a child by a previous
marriage, domestic partnership (as defined under regulations of
the Office of Personnel Management), or otherwise, such child
shall, unless adopted by such individual, be treated as a
stepchild of such individual.
Sec. 8902. Contracting authority
(a) * * *
* * * * * * *
(g) A contract may not be made or a plan approved which does
not offer to each employee, annuitant, family member, former
spouse, former domestic partner, or person having continued
coverage under section 8905a of this title whose enrollment in
the plan is ended, except by a cancellation of enrollment, a
temporary extension of coverage during which he may exercise
the option to convert, without evidence of good health, to a
nongroup contract providing health benefits. An employee,
annuitant, family member, former spouse, former domestic
partner, or person having continued coverage under section
8905a of this title who exercises this option shall pay the
full periodic charges of the nongroup contract.
* * * * * * *
(j) Each contract under this chapter shall require the
carrier to agree to pay for or provide a health service or
supply in an individual case if the Office finds that the
employee, annuitant, family member, former spouse, former
domestic partner, or person having continued coverage under
section 8905a of this title is entitled thereto under the terms
of the contract.
(k)(1) When a contract under this chapter requires payment or
reimbursement for services which may be performed by a clinical
psychologist, optometrist, nurse midwife, nursing school
administered clinic, or nurse practitioner/clinical specialist,
licensed or certified as such under Federal or State law, as
applicable, or by a qualified clinical social worker as defined
in section 8901(11), an employee, annuitant, family member,
former spouse, former domestic partner, or person having
continued coverage under section 8905a of this title covered by
the contract shall be free to select, and shall have direct
access to, such a clinical psychologist, qualified clinical
social worker, optometrist, nurse midwife, nursing school
administered clinic, or nurse practitioner/nurse clinical
specialist without supervision or referral by another health
practitioner and shall be entitled under the contract to have
payment or reimbursement made to him or on his behalf for the
services performed.
* * * * * * *
Sec. 8902a. Debarment and other sanctions
(a)(1) For the purpose of this section--
(A) * * *
(B) the term ``individual covered under this
chapter'' or ``covered individual'' means an employee,
annuitant, family member, [or former spouse] former
spouse, or former domestic partner covered by a health
benefits plan described by section 8903 or 8903a;
* * * * * * *
Sec. 8903. Health benefits plans
The Office of Personnel Management may contract for or
approve the following health benefits plans:
(1) Service benefit plan.--One Government-wide plan,
which may be underwritten by participating affiliates
licensed in any number of States, offering two levels
of benefits, under which payment is made by a carrier
under contracts with physicians, hospitals, or other
providers of health services for benefits of the types
described by section 8904(1) of this title given to
employees, annuitants, members of their families,
former spouses, former domestic partners, or persons
having continued coverage under section 8905a of this
title, or, under certain conditions, payment is made by
a carrier to the employee, annuitant, family member,
former spouse, former domestic partner, or person
having continued coverage under section 8905a of this
title.
* * * * * * *
Sec. 8905. Election of coverage
(a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
(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 partnership
that has been terminated.
* * * * * * *
(e) If an employee, annuitant, or other individual eligible
to enroll in a health benefits plan under this chapter has a
spouse or domestic partner who is also eligible to enroll,
[either spouse,] either spouse or domestic partner, but not
both, may enroll for self and family, or each spouse may enroll
as an individual. However, an individual may not be enrolled
both as an employee, annuitant, or other individual eligible to
enroll and as a member of the family.
(f) An employee, annuitant, former spouse, former domestic
partner, or person having continued coverage under section
8905a of this title enrolled in a health benefits plan under
this chapter may change his coverage or that of himself and
members of his family by an application filed within 60 days
after a change in family status or at other times and under
conditions prescribed by regulations of the Office.
(g)(1) Under regulations prescribed by the Office, the Office
shall, before the start of any contract term in which--
(A) * * *
* * * * * * *
provide a period of not less than 3 weeks during which any
employee, annuitant, former spouse, former domestic partner, or
person having continued coverage under section 8905a of this
title enrolled in a health benefits plan described by such
section shall be permitted to transfer that individual's
enrollment to another such plan or to cancel such enrollment.
(2) In addition to any opportunity afforded under paragraph
(1) of this subsection, an employee, annuitant, former spouse,
former domestic partner, or person having continued coverage
under section 8905a of this title enrolled in a health benefits
plan under this chapter shall be permitted to transfer that
individual's enrollment to another such plan, or to cancel such
enrollment, at such other times and subject to such conditions
as the Office may prescribe in regulations.
* * * * * * *
Sec. 8905a. Continued coverage
(a) * * *
* * * * * * *
(g) The Office shall prescribe regulations to ensure that, in
the administration of this section, parity of treatment is
afforded--
(1) to former spouses and former domestic partners;
and
(2) to the children of a marriage that has been
dissolved and the children of a domestic partnership
that has been terminated.
* * * * * * *
Sec. 8908. Coverage of restored employees and survivor or disability
annuitants
(a) * * *
(b) A surviving spouse or surviving domestic partner whose
survivor annuity under this title was terminated because of
remarriage or a subsequent domestic partnership and is later
restored may, under such regulations as the Office of Personnel
Management may prescribe, enroll in a health benefits plan
described by section 8903 or 8903a of this title if such spouse
was covered by any such plan immediately before such annuity
was terminated.
* * * * * * *
Sec. 8913. Regulations
(a) * * *
* * * * * * *
(c) The regulations of the Office shall provide for the
beginning and ending dates of coverage of employees,
annuitants, members of their families, [and former spouses]
former spouses, and former domestic partners under health
benefit plans. The regulations may permit the coverage to
continue, exclusive of the temporary extension of coverage
described by section 8902(g) of this title, until the end of
the pay period in which an employee is separated from the
service, or until the end of the month in which an [annuitant
or former spouse] annuitant, former spouse, or former domestic
partner ceases to be entitled to annuity, and in case of the
death of an employee or annuitant, may permit a temporary
extension of the coverage of members of his family for not to
exceed 90 days.
* * * * * * *
CHAPTER 89A--ENHANCED DENTAL BENEFITS
* * * * * * *
Sec. 8956. Election of coverage
(a) An eligible individual may enroll in a dental benefits
plan for self-only, self plus one, or for self and family. If
an eligible individual has a spouse or domestic partner who is
also eligible to enroll, [either spouse,] either spouse or
either domestic partner (as the case may be), but not both, may
enroll for self plus one or self and family. An individual may
not be enrolled both as an employee, annuitant, or other
individual eligible to enroll and as a member of the family.
* * * * * * *
Sec. 8957. Coverage of restored survivor or disability annuitants
A surviving spouse, surviving domestic partner, disability
annuitant, or surviving child whose annuity is terminated and
is later restored, may continue enrollment in a dental benefits
plan subject to the terms and conditions prescribed in
regulations issued by the Office.
* * * * * * *
CHAPTER 89B--ENHANCED VISION BENEFITS
* * * * * * *
Sec. 8986. Election of coverage
(a) An eligible individual may enroll in a vision benefits
plan for self-only, self plus one, or for self and family. If
an eligible individual has a spouse or domestic partner who is
also eligible to enroll, [either spouse,] either spouse or
either domestic partner (as the case may be), but not both, may
enroll for self plus one or self and family. An individual may
not be enrolled both as an employee, annuitant, or other
individual eligible to enroll and as a member of the family.
* * * * * * *
Sec. 8987. Coverage of restored survivor or disability annuitants
A surviving spouse, surviving domestic partner, disability
annuitant, or surviving child whose annuity is terminated and
is later restored, may continue enrollment in a vision benefits
plan subject to the terms and conditions prescribed in
regulations issued by the Office.
* * * * * * *
CHAPTER 90--LONG-TERM CARE INSURANCE
* * * * * * *
Sec. 9001. Definitions
For purposes of this chapter:
(1) * * *
* * * * * * *
(5) Qualified relative.--The term ``qualified
relative'' means each of the following:
(A) The spouse of an individual described in
paragraph (1), (2), (3), [or (4).] 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 appointed to a position
in the commissioned corps of the Public Health
Service or the commissioned corps of the
National Oceanic and Atmospheric
Administration).
* * * * * * *
(C) A child (including an adopted child, a
stepchild, or, to the extent the Office of
Personnel Management by regulation provides, a
foster child) of an individual described in
paragraph (1), (2), (3), or (4), or of the
domestic partner of such an individual, if such
child is at least 18 years of age.
* * * * * * *
Sec. 9002. Availability of insurance
(a) * * *
* * * * * * *
(e) Underwriting Standards.--
(1) * * *
(2) [Spousal parity] Parity for spouse or domestic
partner.--For the purpose of underwriting standards, a
spouse or domestic partner of an individual described
in paragraph (1), (2), (3), or (4) of section 9001
shall, as nearly as practicable, be treated like that
individual.
* * * * * * *
----------
ETHICS IN GOVERNMENT ACT OF 1978
* * * * * * *
TITLE I--FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL
* * * * * * *
DOMESTIC PARTNERS
Sec. 112. (a) An employee, former employee, or annuitant and
the domestic partner of such employee, former employee, or
annuitant (as the case may be) shall be subject to the
provisions of law cited in subsection (b) to the same extent
and in the same manner as in the case of a married employee,
former employee, or annuitant and the spouse of such employee,
former employee, or annuitant (as the case may be).
(b) The provisions of law cited in this subsection are as
follows:
(1) The preceding provisions of this title (relating
to financial disclosure requirements of Federal
personnel) and the provisions of title V (relating to
Government-wide limitations on outside earned income
and employment).
(2) Regulations prescribed under section 7301 of
title 5, United States Code (relating to regulations
for the conduct of employees in the executive branch).
(3) Section 7351 of title 5, United States Code
(relating to gifts to superiors).
(4) Section 7353 of title 5, United States Code
(relating to gifts to Federal employees).
(5) Chapter 11 of title 18, United States Code
(relating to bribery, graft, and conflicts of
interest).
(6) Section 7342 of title 5, United States Code
(relating to receipt and disposition of foreign gifts
and decorations).
(7) Section 1353 of title 31, United States Code
(relating to acceptance of travel and related expenses
from non-Federal sources).
(8) Sections 4941 and 4946 of the Internal Revenue
Code of 1986 (relating to taxes on self-dealing and
definitions and special rules).
(9) Section 455 of title 28, United States Code
(relating to disqualification of justice, judge, or
magistrate judge).
(c) For purposes of this section, the term ``domestic
partner'' has the meaning given such term by section 2110 of
title 5, United States Code.
* * * * * * *
MINORITY VIEWS
Introduction
In October 2009, the unemployment rate in the United States
reached 10.2%. This number reflects 15.7 million out of work
Americans.\1\ Add in workers forced to settle for part-time
work or those who have simply given up looking, and the rate is
17.5 percent.\2\ Over the past year, the private sector has
hemorrhaged millions of jobs, and yet the federal government
has grown by 111,000 new employees during this same period.\3\
---------------------------------------------------------------------------
\1\United States Department of Labor, Bureau of Labor Statistics
Press Release, November 6, 2009, available at: http://
www.bls.eov?news.releaseiempsit.nr0.htm.
\2\Jeannine Aversa, Jobless: 10 percent is tougher than it used to
be, Associated Press, Nov. 8, 2009.
\3\During the entire eight year period of 2000 to 2008 the federal
government added only 156,000 new employees.
---------------------------------------------------------------------------
It is in this economic environment--toxic for the private
sector, yet growing and gold-plated for the federal workforce--
that the Committee on Oversight and Government Reform
considered H.R. 2517: the Domestic Partnership Benefits and
Obligations Act of 2009, a bill to provide the same benefits to
same-sex domestic partners of federal employees as are given to
spouses of federal employees.
LEGISLATIVE ACTIVITY
On May 20, 2009, Rep. Tammy Baldwin introduced H.R. 2517,
the Domestic Partnership Benefits and Obligations Act of 2009.
The bill currently has 135 cosponsors.
On the same day, Senator Joseph Lieberman of Connecticut
introduced the Senate version, S. 1102. The bill currently has
24 Senate cosponsors.
The only hearing on H.R. 2517 during the 111th Congress
occurred on July 8, 2009, before the Subcommittee on Federal
Workforce, Postal Service, and the District of Columbia.
Notably, the full Committee on Oversight and Government Reform
failed to hold a legislative hearing on this bill, thereby
depriving most Members of the Committee an opportunity to hear
testimony on the merits and flaws of the bill prior to its
consideration.
On July 30, 2009, the Subcommittee on Federal Workforce,
Postal Service, and the District of Columbia marked up the
bill, incorporating by voice vote a manager's amendment. These
changes were intended to conform the bill with existing civil
service law essentially providing identical benefits to
domestic partners as current law provides to spouses. However,
the legislation would now apply to domestic partners who ``do
not have a common residence because of financial, employment-
related, or other reasons, as identified in the affidavit.'' Of
note, S. 1102, which is still in committee in the Senate,
retains the common residence requirement.
At the subcommittee mark up, Rep. Brian Bilbray of
California introduced an amendment to H.R. 2517 that would have
struck references to sexual orientation and family relation. A
``domestic partner'' for purposes of the bill would have then
been any designee, without regard to sexual orientation. The
amendment failed on a voice vote. The Subcommittee reported the
amended version on a party-line vote of 5 to 3.
On Wednesday, November 18, 2009. the Committee on Oversight
and Government Reform met to consider H.R. 2517. Republican
members offered five amendments designed to ensure the fiscal
prudence of the bill, close loopholes and protect the legal
definition of marriage.
Mr. Chaffetz of Utah offered an amendment that would
suspend the implementation of the bill unless and until the
President of the United States makes a determination that the
bill will not increase Federal Employee Health Benefit Program
(FEHBP) premiums. The amendment was rejected on a party-line
vote of 11 to 21, with 9 not voting.
Mr. Chaffetz of Utah offered another amendment that would
require the GAO to conduct a study on the bill's impact on
premiums and report to Congress within two years after the bill
is enacted. Mr. Quigley of Illinois offered an amendment to the
amendment that added additional language requiring the GAO to
study the bill's impact on recruitment and retention efforts as
well. The amendments passed by voice vote.
Mr. Jordan of Ohio offered an amendment that would clarify
that H.R. 2517 does not modify. supersede or otherwise affect
the Defense of Marriage Act (DOMA). The amendment further
specified that the provision of benefits to anyone other than a
spouse as defined by DOMA is not intended to modify, supersede
or otherwise affect DOMA. The amendment was rejected on a
party-line vote of 12 to 22, with 7 not voting.
During debate on Mr. Jordan's amendment, Democrat Members
voiced concern over language in the amendment regarding the
provision of benefits to anyone other than a spouse. In
response, Ranking Member Issa offered a revised DOMA amendment
that eliminated the language in question. The amendment was
again rejected by a vote of 15 to 20, with 6 not voting.
Mr. Bilbray of California offered an amendment that would
require anyone who would be eligible to received federal
benefits through a domestic partnership as defined by H.R. 2517
to be screened through the E-Verify program to ensure that they
are lawfully present in the United States.
E-Verify provides employers with a tool that they can use
to meet their Immigration and Reform Control Act (IRCA)
obligations. Rather than relying on personal opinions as to the
authenticity of employee documents. E-Verify objectively
determines, based on government databases, whether an employee
is eligible to work in the U.S. Thus, protecting employers from
immigration actions based on knowingly employing illegal
workers. Additionally, employers can use the E-Verify system to
confirm the eligibility of new hires without opening themselves
up to discrimination lawsuits. The amendment was rejected by a
vote of 15 to 20. with 6 not voting.
The Committee favorably reported H.R. 2517 on a vote of 23
to 12. with 6 not voting.
REPUBLICAN VIEWS, H.R. 2517
H.R. 2517 is being considered during an economic climate in
which unemployment is at 10.2% and climbing. Minority groups
have been especially hard hit. Hispanic unemployment is at
13.1% while African-American unemployment reached 15.7% in
October 2009.\4\
---------------------------------------------------------------------------
\4\Christopher S. Rugaber, Meltdown 101: When unemployment last hit
10 pct, Associated Press, Nov. 6, 2009.
---------------------------------------------------------------------------
During consideration of this bill concerns about fiscal
responsibility were cast aside by the Committee in order to
bestow costly new benefits upon a select class of federal
employees. Although the Administration has testified that
adding health insurance benefits for partners of gay and
lesbian employees and retirees would cost taxpayers $56 million
in 2010\5\, the Administration has not provided an estimate of
the full costs of this bill--a bill that is not limited to
health benefits.
---------------------------------------------------------------------------
\5\Domestic Partnership Benefits and Obligations Act of 2009:
Hearing on H.R. 2517 Before the H. Comm, On Oversight & Government
Reform. 111th Cong. (2009) (statement of John Berry, Director, U.S.
Office of Personnel Management).
---------------------------------------------------------------------------
On December 17, 2009, the Congressional Budget Office
estimated that over ten years the full cost of this bill would
be nearly $900 million. The first year included in the ten-year
estimate, 2010, shows essentially zero cost apparently due to
eligibility requirements. The annual estimated cost in 2019 is
$150 million. It is obvious that the true ten-year cost will be
well over $1 billion. Of greater concern is the rate of
increase in the estimated costs. The annual estimated cost of
the bill nearly triples from $52 million in 2011 to $150
million in 2019.
In addition to being costly, H.R. 2517 is unnecessary.
Average federal compensation is more than double the average
private sector compensation. Federal employees on average earn
$119,982 in wages and benefits while private sector employees
earn just $59,909 on average.\6\
---------------------------------------------------------------------------
\6\Chris Edwards, Federal Pay Continues Rapid Ascent, CATO @
Liberty, Aug. 24, 2009, available at: http://www.cato-at-liberty.org/
2009/08/24/federal-pay-continues-rapid-ascent/.
---------------------------------------------------------------------------
Moreover, the current economic environment, in which the
private workforce continues to shrink while the federal
workforce keeps expanding, makes dubious the claim that ``. . .
the government is not keeping pace with leading private-sector
employers in recruiting and retaining top talent.''\7\ The
turnover rate for the public sector work force is significantly
lower than that of the private sector.\8\ The private sector
has shed over 5 million jobs since October 2008, a loss of
about 5%. Meanwhile. over the same time period, the federal
government has grown by 111,000 new employees, a growth of
about 5%. Clearly, the recruitment and retention policies of
the federal government are working. Federal employees already
enjoy what are widely considered to be some of the most gold-
plated benefits packages in the workforce.
---------------------------------------------------------------------------
\7\Domestic Partnership Benefits and Obligations Act of 2009:
Hearing on H.R. 2517 Before the H. Comm. On Oversight & Government
Reform. 111th Cong. (2009) (statement of Rep. Tammy Baldwin of
Wisconsin).
\8\Bureau of Labor Statistics web site, accessed November 24. 2009.
---------------------------------------------------------------------------
H.R. 2517 is needlessly broad, which will create any number
of unforeseen and unintended problems during implementation.
Nearly any two individuals of the same sex can qualify as
``domestic partners'' under the bill as long as they are not
direct relatives. The bill, as written, in fact confers more
generous and flexible benefits to same sex `partners' than it
does for opposite sex `partners.'
This open-ended definition of ``domestic partner'' invites
unintended consequences, fraud, and abuse. Any two individuals
of the same sex who are 18 or older and ``share responsibility
for a significant measure of each other's common welfare'' and
intend to do so ``indefinitely'' will qualify for benefits.
Unlike the Senate version, H.R. 2517 does not require a common
residence. Nor does H.R. 2517 require that the `partners' be
gay or lesbian. Many potential relationships could qualify for
benefits as `partners' under this bill including relatives,
friends, and roommates.
Supporters of H.R. 2517 claim that a sworn affidavit is
sufficient legal documentation, and the bill's sponsor, Rep.
Baldwin, testified that the bill has ``strong anti-fraud
provisions.''\9\ However, the bill contains neither enforcement
nor anti-fraud provisions. The requirements and terms of the
affidavit are vague and without settled legal definitions,
which will make nearly impossible any attempt to identify or
prevent fraud.
---------------------------------------------------------------------------
\9\Domestic Partnership Benefits and Obligations Act of 2009:
Hearing on H.R. 2517 Before the H. Comm. On Oversight & Government
Reform, 111th Cong. (2009) (statement of Rep. Tammy Baldwin of
Wisconsin).
---------------------------------------------------------------------------
The open-ended and often circular definition of ``domestic
partner'' in H.R. 2517 will create major difficulty in
implementing this legislation by federal agencies trying to
eliminate waste, fraud and abuse. In fact, in September of
2008, the U.S. Office of Personnel Management testified before
the Senate Homeland Security and Government Affairs Committee
that it had concerns about the administration of benefits for a
domestic partnership:
Currently, spousal benefits are based on the
documentation of a state-sanctioned marriage. The bill
under consideration would provide benefits to those in
domestic partnerships or relationships which are
certified by affidavit. OPM believes this process could
lead to fraud and abuse in the programs we
administer.''\10\
---------------------------------------------------------------------------
\10\Domestic Partner Benefits for Federal Employees: Hearing on S.
2521 Before the S. Comm. On Homeland Security and Governmental Affairs,
110th Cong. (2008) (statement of Howard C. Weizmann, Deputy Director.
U.S. Office of Personnel Management).
By trying to address what the Majority contends is a
current injustice with H.R. 2517, they are creating a new
injustice. This bill discriminates on the basis of sex. While
any two adults could easily claim to be domestic partners under
the bill, only adults of the same sex would qualify. While
seeking to address a perceived inequality, this benefit creates
a protected class whose sole distinction is based on gender. By
giving same sex couples greater benefits than heterosexual
couples, the bill creates significant potential for legal
challenges.
Undoubtedly, there are unmarried heterosexual couples, who
choose to remain unmarried, but would like to receive these
same benefits and can meet all other stipulations of the
legislation. Furthermore, H.R. 2517 will create situations, in
states that recognize common law marriage, in which common law
married heterosexual couples will not qualify for benefits
until after a certain time period has elapsed, whereas same sex
domestic partners in the same state will immediately qualify.
By enacting this legislation, the government will be placing
more restrictions on heterosexual couples than on same sex
couples, creating for the first time, a bias favoring same sex
relationships with regard to eligibility for federal employment
benefits ironically in the name of equality.
The creation of a new inequality in the name of eliminating
an old one is in reality an attempt to circumvent the Defense
of Marriage Act of 1996, which guarantees the rights of states
to define marriage as a union between one man and one woman.
H.R. 2517 is a clear circumvention of the intent of
Congress. In passing DOMA in 1996, among other things, Congress
wanted to ensure that federal benefits relating to marriage
would continue to be limited to opposite-sex married couples.
Moreover, DOMA was enacted in order to allow individual states
to determine their own marriage laws, without interference from
the federal government. H.R. 2517 cannot be interpreted in any
way other than as a circumvention of federal definition of
marriage.
The Committee is indirectly repealing Section 3 of DOMA,
which defines the terms ``marriage'' and ``spouse,'' for the
purposes of federal law only, to reaffirm that they refer
exclusively to relationships between persons of the opposite
sex. H.R. 2517 would effectively repeal Section 3 of DOMA by
creating a marriage-like domestic partner status that would be
treated as if' it were the same as an opposite-sex marriage for
the purposes of federal law and spousal benefits.
Unquestionably, the 111th Congress has the authority to
repeal DOMA, or modify it in any way that it sees fit. In so
doing, the effects of repealing any provisions of DOMA would be
made clear to the public during the course of vigorous debate.
However, the Majority has chosen to circumvent Congressional
intent and avoid that debate altogether by reporting H.R. 2517.
Not only is H.R. 2517 a repudiation of Congressional
intent, it is also a repudiation of the American people. State
ballot initiatives legalizing gay marriage have been voted down
over and over again--31 times. It is a simple fact that
Americans from Maine to California have voted time and again to
defend traditional marriage.
H.R. 2517 is opposed by many organizations, including the
Family Research Council, Concerned Women for America, the
Southern Baptist Ethics & Religious Liberty Commission, and
Focus on the Family:
This bill, as constructed, violates the Defense of
Marriage Act (DOMA) of 1996 by mandating the same
federal employee benefits to partners in same-sex
relationships as those given to a married federal
employee's spouse. In both spirit and letter, H.R. 2517
abrogates DOMA by obfuscating and eclipsing the
traditional definition of marriage: between a man and a
woman.\11\
---------------------------------------------------------------------------
\11\Letter from Thomas McClusky, Senior Vice President, Family
Research Council, to Rep. Darrell Issa (Nov. 17, 2009).
---------------------------------------------------------------------------
Under Federal law, legal marriage is the union
between a man and a woman. This bill would contradict
existing law by elevating relationships outside of
marriage to that of a binding legal marriage. Marriage
between one man and one woman provides unique benefits
to individuals, children and society that cannot be
replicated by any other living arrangement. The
Domestic Partnership Benefits and Obligations Act of
2009 demeans the importance of marriage and is wholly
inappropriate because it undermines Federal law.\12\
---------------------------------------------------------------------------
\12\Letter from Wendy Wright, President, Concerned Women for
America, to Reps. Edolphus Towns and Darrell Issa (Nov. 13, 2009).
---------------------------------------------------------------------------
H.R. 2517 puts the federal government in the
precarious position of sanctioning same-sex
relationships, a departure from its historic
recognition of marriage as only between one man and one
woman. Most notably, the bill undermines the basis for
the Defense of Marriage Act, which prohibits the
federal government from both recognizing same-sex
marriages and forcing states to recognize such
marriages performed in other states.\13\
---------------------------------------------------------------------------
\13\Letter from Richard D. Land, President, The Ethics & Religious
Liberty Commission of the Southern Baptist Convention, to Rep. Darrell
Issa (Nov. 17, 2009).
---------------------------------------------------------------------------
By allowing H.R. 2517 to move forward, this Committee
would ignore the unique and irreplaceable benefits that
traditional marriage confers on society and on its
children. The Committee should also take note that
majority opinion still resides with traditional
marriage, as evidenced by the thirty-one states that
have already passed marriage referendums.\14\
---------------------------------------------------------------------------
\14\Letter from Tom Minnery, Senior Vice President, Focus on the
Family, to Rep. Darrel Issa (Nov. 18, 2009).
---------------------------------------------------------------------------
CONCLUSION
Committee Republican Members believe that during an
economic period of double digit unemployment, when millions of
Americans find themselves out of work. H.R. 2517 is the wrong
bill at the wrong time. In our view, passing H.R. 2517 during
the worst economic disaster since the Great Depression is an
insult, not only to American taxpayers and working families,
but to the 15.7 million unemployed Americans.
And yet our concerns over H.R. 2517 are not limited to it's
cost, the many technical flaws within the legislation, or even
the creation of a new inequity in the provision of federal
employee benefits. This bill is a direct repudiation of
American voters in the wake of defeat after defeat of state
ballot campaigns. H.R. 2517 is an end-run around existing
federal law, another assault on federalism by progressives and
an attempt to obfuscate the true debate. For these reasons,
Republicans opposed the bill during its consideration by the
Committee on Oversight and Government Reform, and we urge its
defeat when considered by the full House of Representatives.
Darrell E. Issa.
John J. Duncan, Jr.
Mark E. Souder.
Lynn A. Westmoreland.
Jason Chaffetz.
Blaine Luetkemeyer.
Patrick T. McHenry.
Jim Jordan.
Dan Burton.
Aaron Schock.