Domestic Partnership Benefits and Obligations Act of 2012 - (Sec. 2) States as the purpose of this Act to apply the same employment benefits and obligations to federal employees in same-sex domestic partnerships and to their domestic partners as apply under existing statutes to married federal employees and their spouses.
Title I: Establishment and Termination of Domestic Partnerships; Other General Provisions - (Sec. 101) Amends federal civil service law to provide that in order to establish a domestic partnership with an individual for purposes of receiving federal employment benefits, the two individuals in such domestic partnership shall jointly execute, and the employee, former employee, or annuitant seeking to establish a domestic partnerships for purposes of this Act shall file, an affidavit attesting that:
Requires either domestic partner to give notification of the termination of the domestic partnership within 30 days after such partnership ends. Provides that the death of either domestic partner or notification of termination by either partner shall terminate a domestic partnership.
(Sec. 102) Requires authorized officers and agencies to develop and issue guidance and educational materials with respect to benefits and obligations established by this Act.
Requires the Director of the Office of Personnel Management (OPM) to compile such materials and ensure that they are readily available to employees and their domestic partners, both in print form and by a publicly accessible website. Requires such materials to be prepared and made available not later than 30 days after the enactment of this Act and updated as necessary.
(Sec. 103) Requires the President, not later than 180 days after the enactment of this Act and not less frequently than once every two years thereafter, to: (1) conduct a review of the employment benefits and obligations for federal employees across the executive branch to determine what authority exists for the President and designees of the President to apply such benefits and obligations to employees and their domestic partners, (2) develop recommendations for necessary legislation, and (3) report to Congress.
(Sec. 104) Sets forth the effective date of this Act and its applicability to employees, former employees, and annuitants.
Title II: Civil Service Retirement System - (Sec. 201) Defines "former domestic partner" for purposes of the Civil Service Retirement System (CSRS) as a former domestic partner of an individual if: (1) such individual performed at least 18 months of civilian service as a federal employee, and (2) the former domestic partner was in a domestic partnership with such individual for at least 9 months.
(Sec. 202) Extends regulations defining creditable service for CSRS purposes to domestic partners or former domestic partners.
(Sec. 203) Extends eligibility for a CSRS annuity to a domestic partner, former domestic partner, or surviving partner.
(Sec. 204) Makes a surviving partner or former domestic partner eligible for a cost-of-living adjustment to an annuity.
(Sec. 205) Revises the definitions of "surviving partner" and "former domestic partner" to make such individuals and their children eligible for a survivor annuity to the same extent as widows and widowers.
(Sec. 206) Makes a surviving partner of a civil service annuitant eligible for a lump sum payment, in lieu of an annuity, to the same extent as the widow or widower of an annuitant.
(Sec. 207) Applies provisions governing alternative forms of annuity benefits available for any employee or Member of Congress who has a life-threatening illness or other critical medical condition to individuals in domestic partnerships.
(Sec. 208) Requires the Director of Central Intelligence (DCI) to include domestic partners and former domestic partners of the Central Intelligence Agency (CIA) in the administration of CSRS, including by collecting deposits made by domestic partners and former domestic partners in a manner consistent with existing provisions.
(Sec. 209) Extends eligibility for participation in the Thrift Saving Plan (TSP) to domestic partners and former domestic partners of employees covered by CSRS.
Title III: Federal Employees' Retirement System - Subtitle A: General Provisions - (Sec. 301) Defines "former domestic partner" for purposes of the Federal Employees' Retirement System (FERS).
Subtitle B: Creditable Service - (Sec. 311) Extends regulations defining creditable service for FERS purposes to domestic partners and former domestic partners.
(Sec. 312) Extends eligibility to current and former domestic partners for the election under FERS for reducing annuity payments to a federal employee for purposes of funding a survivor annuity.
(Sec. 315) Extends to domestic partners provisions relating to the calculation of an annuity, payments from an annuity, notifications and other protections regarding withdrawals from annuities, insurable interest reductions, alternative forms of annuities, and lump sum payments from an annuity.
Subtitle C: Thrift Savings Plan - (Sec. 321) Extends to domestic partners and their survivors benefits and protections under the Thrift Savings Program (TSP).
Subtitle D: Survivor Annuities - (Sec. 331) Makes provisions of federal civil service law relating to survivor annuities under FERS applicable to domestic partners, their survivors, and children and to former domestic partners.
Subtitle E: General Administrative Provisions - (Sec. 341) Extends the authority of the Director of Central Intelligence (DCI) for the administration of the Thrift Savings Fund, including the collection of deposits by CIA employees, to include domestic partners and former domestic partners.
(Sec. 342) Provides for cost-of-living adjustments to the FERS annuities of surviving domestic partners.
Subtitle F: Federal Retirement Thrift Investment Management System - (Sec. 351) Extends certain fiduciary requirements governing transactions between the Thrift Savings Fund and a party in interest to domestic partners.
Title IV: Insurance Benefits - (Sec. 401) Extends to domestic partners and their family members coverage under the Federal Employees' Group Life Insurance (FEGLI) Program and the Federal Employee Health Benefits (FEHB) Program. Defines "former domestic partner" for FEHB purposes.
(Sec. 403) Allows domestic partners to enroll in family coverage for enhanced dental and vision benefits.
(Sec. 405) Makes domestic partners and children and parents of domestic partners eligible for federal employee long-term care insurance coverage.
Title V: Travel, Transportation, and Subsistence - (Sec. 501) Extends to domestic partners of federal employees: (1) reimbursement for taxes related to payments for travel, transportation, and moving or storage expenses; and (2) payment of relocation expenses and reimbursement for related taxes incurred by federal employees transferred in the interest of the government, including employees on extended assignment.
(Sec. 506) Extends to domestic partners who are held captive and repatriated payment of transportation and travel expenses.
(Sec. 507) Requires regulations relating to travel and transportation expenses to include domestic partners within the definitions of "immediate family" and "dependent."
Title VI: Compensation for Work Injuries - (Sec. 601) Modifies definitions applicable under the Federal Employees' Compensation Act (FECA) to include domestic partners and their children.
(Sec. 602) Requires a death gratuity to be paid to the surviving domestic partner or children of a member of the Armed Forces who dies of injuries while serving in a contingency operation.
(Sec. 603) Modifies the order of precedence for payment of federal employee death benefits to include a surviving domestic partner at the same level as a surviving spouse.
(Sec. 604) Adds "domestic partner" to the definition of "dependent" for purposes of augmented compensation under FECA.
(Sec. 605) Includes the domestic partner of a federal employee as eligible to receive exclusive payments under FECA.
(Sec. 606) Modifies the order of precedence for payment of federal employee death benefits to include a surviving domestic partner of such employee on the same level as a surviving spouse.
(Sec. 607) Makes the domestic partner of a federal employee eligible to received a lump sum payment under FECA.
(Sec. 608) Applies provisions of the Longshore and Harbor Workers' Compensation Act providing for payment of compensation to federal employees for injury or death arising out of or in the course of employment to surviving domestic partners and children of such employees.
(Sec. 609) Makes this title generally effective on the date of enactment of this Act and applicable to any injury or death occurring before, on, or after that date. Makes compensation payable, retroactive to such date, only with respect to any period commencing on or after such date. Provides that no recovery shall be made of compensation paid to an individual whose entitlement to compensation is terminated or reduced as a result of this title's enactment.
Title VII: Employee Leave; Death or Captivity Compensation; Other Employee Benefits - (Sec. 701) Applies to domestic partners provisions of federal civil service law and regulations relating to: (1) voluntary transfers of leave and the voluntary leave bank program, (2) unpaid leave to care for family members under the Family and Medical Leave Act of 1993, (3) settlement of accounts of federal employees who die without specifying a beneficiary, (4) federal employees in captive or missing status due to hostile action, and (5) the annuity of the Comptroller General and related survivor benefits.
Title VIII: Ethics in Government, Conflicts of Interest, Employment of Relatives, Gifts, and Employee Conduct - (Sec. 801) Amends the Ethics in Government Act of 1978 to make provisions of that Act relating to financial disclosure, limitations on outside earned income and employment, and gifts to superiors and to federal employees applicable to federal employees in a domestic partnership and their domestic partners.
(Sec. 802) Amends the federal criminal code to expand the applicability of prohibitions against bribery of public officials and conflicts of interest to cover a domestic partner of a federal official or employee and to include domestic partners in exemptions from such prohibitions.
(Sec. 803) Extends prohibitions against the employment of relatives in federal service to a public official's domestic partner or a child of such partner.
(Sec 804) Extends the prohibition against receiving gifts or decorations from a foreign government to the domestic partner of a public official.
(Sec. 805) Requires the President and the Office of Government Ethics to modify regulations on federal employee conduct and receipt of gifts to make such regulations applicable to employees in domestic partnerships and their domestic partners.
(Sec. 806) Extends to domestic partners rules relating to acceptance of payments from non-federal sources for the travel and subsistence expenses of a federal employee or employee's spouse for attendance at a work-related meeting.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1910 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1910
To provide benefits to domestic partners of Federal employees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2011
Mr. Lieberman (for himself and Ms. Collins) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To provide benefits to domestic partners of Federal employees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Domestic
Partnership Benefits and Obligations Act of 2011''.
(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; and table of contents.
Sec. 2. Purpose.
TITLE I--ESTABLISHMENT AND TERMINATION OF DOMESTIC PARTNERSHIPS; OTHER
GENERAL PROVISIONS
Sec. 101. Federal employees in domestic partnerships.
Sec. 102. Guidance and educational materials.
Sec. 103. Review of programs under which employment benefits and
obligations are established.
Sec. 104. Effective date.
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
Subtitle A--General Provisions
Sec. 301. Definitions.
Subtitle B--Creditable Service
Sec. 311. Creditable service.
Sec. 312. Survivor reduction for a current spouse or a current domestic
partner.
Sec. 313. Survivor reduction for a former spouse or former domestic
partner.
Sec. 314. Survivor elections; deposit; offsets.
Sec. 315. Survivor reductions; computation.
Sec. 316. Insurable interest reductions.
Sec. 317. Alternative forms of annuities.
Sec. 318. Lump-sum benefits; designation of beneficiary; order of
precedence.
Subtitle C--Thrift Savings Plan
Sec. 321. Benefits and election of benefits.
Sec. 322. Annuities: methods of payment; election; purchase.
Sec. 323. Protections for spouses, domestic partners, former spouses,
and former domestic partners.
Sec. 324. Justices and judges.
Subtitle D--Survivor Annuities
Sec. 331. Definitions.
Sec. 332. Rights of a widow, widower, or surviving partner.
Sec. 333. Rights of a child.
Sec. 334. Rights of a former spouse or former domestic partner.
Subtitle E--General Administrative Provisions
Sec. 341. Authority of the Office of Personnel Management.
Sec. 342. Cost-of-living adjustments.
Subtitle F--Federal Retirement Thrift Investment Management System
Sec. 351. 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. Definition.
Sec. 503. Relocation expenses of employees transferred or reemployed.
Sec. 504. Taxes on reimbursements for travel, transportation, and
relocation expenses of employees
transferred.
Sec. 505. Relocation expenses of an employee who is performing an
extended assignment.
Sec. 506. Transportation of family members incident to repatriation of
employees held captive.
Sec. 507. Regulations to include domestic partners.
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. Employees of nonappropriated fund instrumentalities.
Sec. 609. Effective date.
TITLE VII--EMPLOYEE LEAVE; DEATH OR CAPTIVITY COMPENSATION; OTHER
EMPLOYEE BENEFITS
Sec. 701. Voluntary transfers of leave; Voluntary Leave Bank Program.
Sec. 702. Family and medical leave.
Sec. 703. Settlement of accounts.
Sec. 704. Payments to missing employees.
Sec. 705. Compensation for disability or death.
Sec. 706. Annuity of the Comptroller General.
TITLE VIII--ETHICS IN GOVERNMENT, CONFLICTS OF INTEREST, EMPLOYMENT OF
RELATIVES, GIFTS, AND EMPLOYEE CONDUCT
Sec. 801. Ethics in Government Act of 1978.
Sec. 802. Conflicts of interest.
Sec. 803. Employment of relatives, restrictions.
Sec. 804. Receipt and disposition of foreign gifts and decorations.
Sec. 805. Regulation of conduct; gifts.
Sec. 806. Acceptance of travel assistance from non-Federal sources.
SEC. 2. PURPOSE.
The purpose of this Act is to apply employment benefits and
obligations to Federal employees in same-sex domestic partnerships and
to their domestic partners that are the same as the employment benefits
and obligations that apply under existing statutes to married Federal
employees and to their spouses.
TITLE I--ESTABLISHMENT AND TERMINATION OF DOMESTIC PARTNERSHIPS; OTHER
GENERAL PROVISIONS
SEC. 101. FEDERAL EMPLOYEES IN DOMESTIC PARTNERSHIPS.
(a) In General.--Subpart A of part III is amended by inserting
after section 2305 the following:
``CHAPTER 25--FEDERAL EMPLOYEES IN DOMESTIC PARTNERSHIPS
``Sec.
``2501. Definitions.
``2502. Establishment and termination of domestic partnerships.
``Sec. 2501. Definitions
``In this chapter--
``(1) the term `annuitant' means--
``(A) an annuitant as defined under section 8331,
8401, or 8901(3)(A); and
``(B) as determined under regulations prescribed by
the President or a designee of the President, any other
individual who is entitled to benefits (based on the
service of such individual) under a retirement system
for employees of the Government;
``(2) the term `Director' means the Director of the Office
of Personnel Management;
``(3) the term `domestic partner' means either of the
individuals in a domestic partnership;
``(4) the term `domestic partnership' means a relationship
between 2 individuals of the same sex, at least 1 of whom is an
employee, former employee, or annuitant, that has been
established under section 2502(a) and not terminated under
section 2502(b); and
``(5) the term `employee' means--
``(A) an employee as defined under section 2105,
including an employee referred to in subsection (c) or
(e) of that section;
``(B) a Member of Congress;
``(C) the President;
``(D) an individual who is an employee, as defined
under section 8331, 8401, 8701, 8901, or 9001; or
``(E) any other individual who is employed by the
Government and is included within this definition under
regulations prescribed by the President or a designee
of the President.
``Sec. 2502. Establishment and termination of domestic partnerships
``(a) Establishment of Domestic Partnership.--
``(1) An employee, former employee, or annuitant and
another individual (who may also be an employee, former
employee, or annuitant) may establish a domestic partnership as
provided in this section for the purposes of the provisions of
law to which this chapter applies.
``(2) To establish a domestic partnership, the 2
individuals referred to in paragraph (1) shall jointly execute,
and the employee, former employee, or annuitant shall file, an
affidavit in such form and filed in such manner as the Director
shall by regulation prescribe.
``(3) By the affidavit referred to in paragraph (2), each
of the individuals shall attest to the following:
``(A)(i) The individuals are of the same sex; and
``(ii) the individual who files the affidavit is an
employee, former employee, or annuitant.
``(B)(i) The individuals are in a committed
domestic-partnership relationship with each other
satisfying the conditions in clauses (ii), (iii), and
(iv) and intend to remain so indefinitely.
``(ii) The individuals have a common residence and
intend to continue to do so (or would have a common
residence, but are prevented from doing so because of
an assignment abroad or other employment-related
factors, financial considerations, family
responsibilities, or other similar reason (which shall
be specifically identified in the affidavit)).
``(iii) The individuals share responsibility for a
significant measure of each other's welfare and
financial obligations.
``(iv) Neither individual is married to or in a
domestic partnership with anyone except each other.
``(C) Each individual is at least 18 years of age
and mentally competent to consent to a contract.
``(D) The individuals are not related to each other
by blood in a way that would prohibit legal marriage
between individuals otherwise eligible to marry in the
jurisdiction (or, if applicable, in any jurisdiction)
in which the individuals have a common residence.
``(E) Each of the individuals understands that--
``(i) as a domestic partner, each
individual not only gains certain benefits, but
also assumes certain obligations, as set forth
in the provision of law to which this chapter
applies, the violation of which may lead to
disciplinary action against an employee and to
criminal and other penalties;
``(ii) either or both of the domestic
partners are required to file notification
under subsection (b)(2) terminating the
domestic partnership within 30 days after any
condition under clause (ii), (iii), or (iv) of
subparagraph (B) ceases to be satisfied, and,
if 1 domestic partner dies, the other is
required to file a notification under
subsection (b)(3) within 30 days after the
death; and
``(iii) willful falsification of
information in the affidavit, or willful
failure to file notification as required under
subsection (b)(2) or (3), may lead to recovery
of amounts obtained as a result of such
falsification or failure, disciplinary action
against an employee, and criminal or other
penalties.
``(b) Termination of Domestic Partnership.--
``(1) A domestic partnership is terminated upon--
``(A) the death of either domestic partner;
``(B) the filing of a notification under paragraph
(2) by either or both domestic partners; or
``(C) the satisfaction of such other conditions as
the Director may by regulation prescribe.
``(2)(A) If any condition referred to under clause (ii),
(iii), or (iv) of subsection (a)(3)(B) ceases to be satisfied,
either or both of the domestic partners shall, within 30 days
after the condition ceases to be satisfied, execute and file a
notification, in such form and in such manner as prescribed by
the Director in regulation, stating that the condition is no
longer satisfied and that the domestic partnership is
terminated.
``(B) Each domestic partner has a duty that the
notification under subparagraph (A) be timely filed, but the
duty of 1 domestic partner shall be satisfied if the other
domestic partner timely executes and files the required
notification.
``(C) The Director shall promulgate regulations
establishing the criteria for determining when any condition
referred to under clause (ii), (iii), or (iv) of subsection
(a)(2)(B) ceases to be satisfied.
``(3) When one domestic partner dies, the other domestic
partner shall, within 30 days after the death, execute and file
a notification of the death, in such form and in such manner as
prescribed by the Director in regulation.
``(c) Effectiveness of the Filing of an Affidavit.--
``(1) The filing of an affidavit under subsection (a)(2)
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 the filing.
``(2) No individual shall, for purposes of the provisions
of law to which this chapter applies, be treated as being in a
domestic partnership--
``(A) unless an affidavit has been filed in
accordance with this section and with regulations
prescribed by the Director; or
``(B) after the earlier of--
``(i) the date of the death of either
individual; or
``(ii) the date as of which the domestic
partnership is otherwise terminated, as
determined under regulations prescribed by the
Director.
``(d) Additional Notifications to Government Employer.--A domestic
partner employed by an entity of the United States shall provide such
notifications to the employing entity of the formation, existence, or
termination of the domestic partnership, in addition to the filings
required under subsections (a) and (b), as may be required, and in such
form and in such manner as prescribed, by the Director in regulation.
``(e) Applicability.--
``(1) This section applies for purposes of the provisions
of this title (excluding chapter 81).
``(2) Two individuals determined under section 8101(21) or
8171(e)(1)(A) to be domestic partners for purposes of chapter
81 shall be deemed to be domestic partners in a domestic
partnership, as defined under section 2501, for purposes of any
provision of law.
``(3) Under regulations prescribed by the President--
``(A) the Secretary of Labor shall inform the
Director of any individual determined under section
8101(21) or 8171(e)(1)(A) to be domestic partners; and
``(B) if an individual who is an employee or
annuitant is determined under section 8101(21) or
8171(e)(1)(A) to be a domestic partner with another
individual for purposes of chapter 81, the individual
shall promptly establish a domestic partnership under
subsection (a) and shall be subject to the requirements
of subsections (b), (c), and (d).
``(f) Regulations.--The Director shall issue regulations to carry
out subsection (a) through (d).''.
(b) Technical and Conforming Amendment.--The table of chapters for
part III of title 5, United States Code, is amended by inserting after
the item relating to chapter 23 the following:
``25. Federal Employees in Domestic Partnerships............ 2501''.
SEC. 102. GUIDANCE AND EDUCATIONAL MATERIALS.
(a) In General.--The officers and agencies that have authority to
develop and issue guidance and educational materials with respect to
benefits and obligations established under the amendments made by this
Act and the measures taken under section 103 shall issue the
materials--
(1) in accordance with subsection (c); and
(2) if in the executive branch, under the coordination of
the Director of the Office of Personnel Management.
(b) Office of Personnel Management.--The Director of the Office of
Personnel Management shall, to the greatest extent practicable--
(1) compile the materials referred to under subsection (a);
(2) prepare and issue guidance and educational materials
with respect to benefits and obligations available to domestic
partners of certain Secret Service and Park Police Officers who
are covered under the DC Police Officers' and Firefighters'
Retirement Plan, and include that guidance documentation in the
compilation under paragraph (1); and
(3) ensure that such materials are readily available to
employees and their domestic partners, both in print form and
by publicly accessible website.
(c) Timeliness.--To the maximum extent practicable, the materials
shall be--
(1) prepared and made readily available not later than 30
days before the effective date of this Act; and
(2) updated as necessary.
(d) Effective Date.--This section shall take effect on the date of
enactment of this Act.
SEC. 103. REVIEW OF PROGRAMS UNDER WHICH EMPLOYMENT BENEFITS AND
OBLIGATIONS ARE ESTABLISHED.
(a) Definitions.--In this section--
(1) the term ``benefit'' includes any right, power,
privilege, immunity, or protection, whether substantive,
procedural, remedial, or otherwise;
(2) the term ``domestic partner'' means either of the
individuals in a domestic partnership;
(3) the term ``domestic partnership'' means a relationship
between 2 individuals--
(A) who are of the same sex;
(B) at least 1 of whom is an employee;
(C)(i) who are in a committed domestic-partnership
relationship with each other satisfying the conditions
in clauses (ii), (iii), and (iv) and intend to remain
so indefinitely;
(ii) who have a common residence and intend to
continue to do so (or would have a common residence,
but are prevented from doing so because of such reasons
as an assignment abroad or other employment-related
factors, financial considerations, family
responsibilities, or other such reasons);
(iii) who share responsibility for a significant
measure of each other's welfare and financial
obligations; and
(iv) neither of whom is married to or in a domestic
partnership with anyone except each other;
(D) each of whom are at least 18 years of age and
mentally competent to consent to a contract; and
(E) who are not related to each other by blood in a
way that would prohibit legal marriage between
individuals otherwise eligible to marry in the
jurisdiction (or, if applicable, in any jurisdiction)
in which the individuals have a common residence; and
(4) the term ``employee'' means--
(A) an employee as defined under section 2501 of
title 5, United States Code, as added by section 101 of
this Act;
(B) a member of the commissioned corps of the
Public Health Service or of the commissioned corps of
the National Oceanic and Atmospheric Administration; or
(C) any other individual performing personal
service to the Government (including an instrumentality
wholly owned by the United States), whether for pay,
for nominal pay, or as a volunteer, who is not
performing such service as an employee of any employer
other than the Government or as a member of the Armed
Forces; and
(5) the term ``obligation'' includes any duty, disability,
or liability, whether substantive, procedural, remedial, or
otherwise.
(b) Reviews, Additional Measures, Recommendations, and Reports to
Congress.--Not later than 180 days after the date of enactment of this
Act, and not less frequently than once every 2 years thereafter, the
President and designees of the President shall--
(1) conduct a review of the employment benefits and of the
employment obligations applied to married employees and their
spouses to determine what authority exists for the President
and designees of the President to apply such benefits and
obligations to employees who have domestic partners and the
domestic partners of those employees;
(2) include within the review under paragraph (1) all
employment benefits and obligations under regulations
prescribed by the President or a designee of the President, or
promulgated by the head of any agency or department of the
executive branch;
(3) take any additional measures that can be taken, to the
greatest extent practicable and consistent with law, to apply
such benefits and obligations to employees with domestic
partners and the domestic partners of those employees;
(4) develop recommendations for any legislation to further
apply such benefits and obligations to employees with domestic
partners and the domestic partners of those employees; and
(5) submit a report to Congress summarizing the review,
determinations, and recommendations under paragraphs (1), (2),
(3), and (4).
(c) Effective Date.--This section shall take effect on the date of
enactment of this Act.
SEC. 104. EFFECTIVE DATE.
(a) In General.--Except as otherwise specifically provided, this
Act and amendments made by this Act shall take effect 180 days after
the date of enactment of this Act.
(b) Application to Current and Future Employees.--An employee,
former employee, or annuitant shall be eligible to establish a domestic
partnership by filing an affidavit under section 2502(a)(2) of title 5,
United States Code, as added by section 101 of this Act, only if the
employee, former employee, or annuitant is or has been employed as an
employee on or after the effective date of this Act.
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
a semicolon; and
(3) by adding at the end the following:
``(32) `domestic partner' and `domestic partnership' have
the meanings given under section 2501; and
``(33) `former domestic partner' means a former domestic
partner of an individual--
``(A) if such individual performed at least 18
months of civilian service covered under this
subchapter 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 (or 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 enters into a domestic
partnership) (or the former domestic partner enters into a subsequent
domestic partnership or marries) 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 entry into a subsequent marriage (or 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 entry into a subsequent
marriage (or domestic partnership); or
``(II) if later, within 2 years after--
``(aa) the death of or entry into a subsequent
marriage (or domestic partnership) by any former spouse
(or 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 surviving former
spouse (or surviving former domestic partner), the
death of or entry into a subsequent marriage (or
domestic partnership) by the last such surviving former
spouse (or 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 subsequent marriage (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 of, or entry into a subsequent
marriage (or domestic partnership) by, any former
spouse (or 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 surviving former
spouse (or surviving former domestic partner), the
death of or entry into a subsequent marriage (or
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 requirements, related to
parenthood and the domestic partnership, as the
Director of the Office of Personnel Management shall by
regulation prescribe based on the definition of a widow
or widower under paragraphs (1)(B) and (2)(B) of this
section;''; and
(C) in paragraph (5) (as so redesignated by
subparagraph (A))--
(i) in subparagraph (A)--
(I) by striking ``an unmarried
dependent child'' and inserting ``a
dependent child who is unmarried (and
not in a domestic partnership) and'';
(II) in clause (ii), by striking
``stepchild but only if the stepchild''
and inserting ``stepchild (or child of
the domestic partner not adopted by or
otherwise the child of the employee or
Member) but only if the stepchild (or
the child of the domestic partner)'';
and
(III) in clause (iv), by inserting
``(or surviving domestic partner)''
after ``the surviving spouse''; and
(ii) in subparagraphs (B) and (C), by
striking ``unmarried dependent child'' and
inserting ``dependent child who is unmarried
(and not in a domestic partnership)'';
(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, in the case of a widow or widower,
enters into a domestic partnership) (or, in the
case of a surviving partner, enters into a
subsequent domestic partnership or marries)''
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, in the case
of a widow or widower, enters into a domestic
partnership) (or, in the case of a surviving partner,
enters into a subsequent domestic partnership or
marries)'' 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 or 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 enters into a
domestic partnership) (or the surviving domestic partner dies
or enters into a subsequent domestic partnership or marries);
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 a
subsequent entry into a marriage (or 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
subsequent entry into a marriage (or 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
enters into a domestic partnership) (or former domestic
partner enters into a subsequent domestic partnership
or marries) 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 enters into a domestic partnership) or
dies (or the former domestic partner enters into a
subsequent domestic partnership or marries 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 subsequent entry into a marriage (or 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 subsequent entry into a marriage (or 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)--
(A) by inserting ``(or surviving partner)'' after
``widow or widower''; and
(B) by striking ``stepchild.'' and inserting
``stepchild (or a child of a domestic partner which
child is not adopted by or otherwise a child of the
employee or Member).''; and
(2) in subsection (j)--
(A) in paragraph (1)(A), by inserting ``(or the
domestic partner, if any)'' after ``the spouse, if
any'';
(B) by inserting ``(or domestic partner)'' after
``spouse'' each place it appears; and
(C) by inserting ``(or former domestic partner)''
after ``former spouse'' each place it appears.
SEC. 207. ALTERNATIVE FORMS OF ANNUITIES.
Section 8343a is amended--
(1) in subsection (b)(2)--
(A) (in the material before subparagraph (A)), by
inserting ``(or in a domestic partnership)'' after
``married''; and
(B) in subparagraph (B), by inserting ``(or
surviving domestic partner)'' after ``surviving
spouse'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``married,'' each
place it appears and inserting ``married (or in a
domestic partnership),''; and
(B) in paragraph (2), by striking ``former
spouse,'' and inserting ``former spouse (or former
domestic partner),''; 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 (and domestic
partners), and their 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
Subtitle A--General Provisions
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 a semicolon; and
(3) by adding at the end the following:
``(37) `domestic partner' and `domestic partnership' have
the meanings given under section 2501; and
``(38) `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.''.
Subtitle B--Creditable Service
SEC. 311. 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. 312. SURVIVOR REDUCTION FOR A CURRENT SPOUSE OR A CURRENT DOMESTIC
PARTNER.
(a) In General.--Section 8416 is amended--
(1) in the section heading, by inserting ``(or 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 striking subsection (b) and inserting the following:
``(b)(1) Upon entry into a subsequent marriage (or 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 entry into a subsequent
marriage (or domestic partnership); or
``(B) if later, within 2 years after--
``(i) the death of or entry into a subsequent
marriage (or domestic partnership) by any former spouse
(or 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 surviving former
spouse (or surviving former domestic partner), the
death of or entry into a subsequent marriage (or
domestic partnership) by the last such surviving former
spouse (or 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 subsequent marriage (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 of or entry into a subsequent
remarriage (or entry into a subsequent domestic
partnership or a marriage by any former domestic
partner) by of any former spouse (or domestic partner)
of such employee or Member who was entitled to a
survivor annuity under section 8445,
``(ii) if more than 1 surviving former spouse (or
surviving former domestic partner), the death of or
entry into a subsequent marriage (or domestic
partnership) by the last such surviving former spouse
(or surviving former 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) Technical and Conforming Amendment.--The table of sections for
chapter 84 of title 5, United States Code, is amended by striking the
item relating to section 8416 and inserting the following:
``8416. Survivor reduction for a current spouse (or domestic
partner).''.
SEC. 313. SURVIVOR REDUCTION FOR A FORMER SPOUSE OR FORMER DOMESTIC
PARTNER.
(a) In General.--Section 8417 is amended--
(1) in the section heading, by inserting ``(or former
domestic partner)'' after ``former spouse'';
(2) in subsection (a), by inserting ``(or a former domestic
partner)'' after ``former spouse''; and
(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) Technical and Conforming 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 former domestic
partner).''.
SEC. 314. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS.
Section 8418(b) is amended--
(1) by inserting ``(or domestic partnership)'' after
``marriage''; and
(2) by striking ``former spouse.'' inserting ``former
spouse (or former domestic partner).''.
SEC. 315. 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 enters into a domestic
partnership) (or the former domestic partner enters into a subsequent
domestic partnership or marries) 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. 316. 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. 317. 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.'' inserting ``surviving spouse (or surviving
domestic partner).'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``married,''
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. 318. 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)--
(A) by striking ``widow or widower'' and inserting
``widow or widower (or surviving partner)''; and
(B) by striking ``stepchild.'' and inserting
``stepchild (or a child of a domestic partner which
child is not adopted by or otherwise a child of the
employee or Member).''.
Subtitle C--Thrift Savings Plan
SEC. 321. BENEFITS AND ELECTION OF BENEFITS.
Section 8433(e) is amended by striking paragraph (2) and inserting
the following:
``(2) Notwithstanding section 8424(d), if an employee,
Member, former employee, or former Member dies and has
designated as sole or partial beneficiary his or her spouse (or
domestic partner) at the time of death, or, if an employee,
Member, former employee, or former Member, dies with no
designated beneficiary and is survived by a spouse (or domestic
partner), the spouse (or domestic partner) may maintain the
portion of the employee's or Member's account to which the
spouse (or domestic partner) is entitled in accordance with the
following terms:
``(A) Subject to the limitations of subparagraph
(B), the spouse (or domestic partner) shall have the
same withdrawal options under subsection (b) as the
employee or Member were the employee or Member living.
``(B) The spouse (or domestic partner) may not make
withdrawals under subsection (g) or (h).
``(C) The spouse (or domestic partner) may not make
contributions or transfers to the account.
``(D) The account shall be disbursed upon the death
of the surviving spouse (or surviving domestic
partner). A beneficiary or surviving spouse (or
surviving domestic partner) of a deceased spouse (or
domestic partner) who has inherited an account is
ineligible to maintain the inherited spousal
account.''.
SEC. 322. 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. 323. PROTECTIONS FOR SPOUSES, DOMESTIC PARTNERS, FORMER SPOUSES,
AND FORMER DOMESTIC PARTNERS.
(a) In General.--Section 8435 is amended--
(1) in the section heading, by inserting ``(and domestic
partners and former domestic partners)'' after ``spouses and
former spouses'';
(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) Technical and Conforming 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 and former spouses (and domestic
partners and former domestic partners).''.
SEC. 324. JUSTICES AND JUDGES.
Section 8440a(b)(6) is amended by inserting ``(or domestic
partners)'' after ``spouses''.
Subtitle D--Survivor Annuities
SEC. 331. 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 requirements, based on
parenthood and the domestic partnership, as the
Director of the Office of Personnel Management shall by
regulation prescribe based on the definition of a widow
or widower under paragraphs (1)(B) and (2)(B) of this
section; and''; and
(2) in paragraph (5) (as so redesignated by paragraph
(1))--
(A) in subparagraph (A)--
(i) by striking ``an unmarried dependent
child'' and inserting ``a dependent child who
is unmarried (and not in a domestic
partnership)'';
(ii) in clause (ii), by striking
``stepchild but only if the stepchild'' and
inserting ``stepchild (or child of the domestic
partner not adopted by or otherwise the child
of the employee or Member) but only if the
stepchild (or the child of the domestic
partner)''; and
(iii) in clause (iv), by inserting ``(or
surviving partner)'' after ``widow or
widower''; and
(B) in subparagraphs (B) and (C), by striking
``unmarried dependent child'' each place that term
appears and inserting ``dependent child who is
unmarried (and not in a domestic partnership)''.
SEC. 332. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING PARTNER.
(a) In General.--Section 8442 is amended--
(1) in the section heading, by inserting ``(or surviving
partner)'' after ``widow or widower'';
(2) in subsection (a)--
(A) by inserting ``(or surviving partner)'' after
``widow or widower'' each place it appears;
(B) by inserting ``(or entry into a domestic
partnership)'' after ``marriage''; and
(C) 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 the matter in paragraph (1) before
subparagraph (A) thereof, 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 domestic partnership) (or in the case of a
surviving partner, enters into a subsequent domestic
partnership or marries)'' after ``remarries'';
(C) in paragraph (2)--
(i) by striking ``remarriage before'' and
inserting ``subsequent entry into a marriage
(or domestic partnership) before'';
(ii) by striking ``remarriage is dissolved
by death, divorce, or annulment,'' and
inserting ``subsequent marriage is dissolved by
death, divorce, annulment (or subsequent
domestic partnership is terminated),''; and
(iii) in subparagraph (A), by striking
``remarriage;'' and inserting ``subsequent
marriage (or domestic partnership);''; and
(D) in paragraph (3)--
(i) by striking ``remarriage'' and
inserting ``subsequent entry into a marriage
(or domestic partnership)''; 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 of such individual had been
previously married to such individual and subsequently divorced
(or the surviving partner of such individual had been
previously in a domestic partnership with such individual which
domestic partnership was subsequently 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) Technical and Conforming 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 or widower (or surviving partner).''.
SEC. 333. RIGHTS OF A CHILD.
Section 8443(b) is amended by striking subparagraph (E) and the
matter following that subparagraph and inserting the following:
``(E) dies or marries (or enters into a domestic
partnership);
whichever occurs first. On the death of the surviving wife or
husband (or surviving domestic partner), or former wife or
husband (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 wife or husband (or
domestic partner), former wife or husband (or former domestic
partner), or child had not survived the annuitant, employee, or
Member. If the annuity of a child under this subchapter
terminates under subparagraph (E) because of marriage (or
domestic partnership), then, if such marriage (or domestic
partnership) ends, such annuity shall resume on the first day
of the month in which it ends, but only if any lump sum paid is
returned to the Fund, and that individual is not otherwise
ineligible for such annuity.''.
SEC. 334. RIGHTS OF A FORMER SPOUSE OR FORMER DOMESTIC PARTNER.
(a) In General.--Section 8445 is amended--
(1) in the section heading, by inserting ``(or former
domestic partner)'' after ``former spouse'';
(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) by inserting ``(or surviving partner)'' after
``widow or widower'';
(4) in subsection (c)(2), by inserting ``(or enters into a
domestic partnership) (or the former domestic partner enters
into a subsequent domestic partnership or marries)'' after
``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 subsequent entry into a
marriage (or 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 subsequent entry into a marriage (or 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) Technical and Conforming 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).''.
Subtitle E--General Administrative Provisions
SEC. 341. 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 (and domestic partners),
former spouses (and former domestic partners), and survivors''.
SEC. 342. 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''.
Subtitle F--Federal Retirement Thrift Investment Management System
SEC. 351. 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)--
(i) in subparagraph (A), by inserting ``(or
domestic partner)'' after ``spouse''; and
(ii) in subparagraph (B), by striking
``stepchild or foster child (but only if the
stepchild'' and inserting ``stepchild (or child
of the domestic partner of the individual not
adopted by or otherwise the child of the
individual) or foster child (but only if the
stepchild (or the child of the domestic
partner)''; and
(B) by adding at the end the following:
``(3) For the purpose of this subsection, `domestic
partner' has the meaning given under section 2501.'';
(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)--
(A) in the matter before subparagraph (A)--
(i) by inserting ``(or domestic partner)''
after ``spouse''; and
(ii) by striking ``an unmarried dependent
child'' and inserting ``a dependent child who
is unmarried (and not in a domestic
partnership) and is'';
(B) in subparagraph (B), by inserting ``(or a child
of the domestic partner not adopted by or otherwise the
child of the employee or annuitant)'' after
``stepchild''; and
(C) in the matter following subparagraph (B), by
striking ``an unmarried dependent child regardless of
age'' and inserting ``a dependent child regardless of
age who is unmarried (and not in a domestic
partnership)'';
(2) in paragraph (8)(B), by striking ``or former spouses,''
and inserting ``former spouses (or former domestic
partners),'';
(3) in paragraph (10)--
(A) in subparagraph (A), by inserting ``(or entered
into a domestic partnership)'' after ``remarried''; and
(B) by striking ``and'' at the end;
(4) by redesignating paragraph (11) as paragraph (12), and
by inserting after paragraph (10) the following:
``(11) `former domestic partner' means a former domestic
partner of an employee, former employee, or annuitant--
``(A) who has not entered into another domestic
partnership (or married) before age 55 after the
domestic partnership to the employee, former employee,
or annuitant was terminated;
``(B) 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
``(C)(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 of a former employee whose domestic
partnership was terminated after the former employee's
separation from the service (other than by
retirement).'';
(5) by striking the period at the end of paragraph (12) (as
redesignated) and inserting ``; and''; and
(6) by adding at the end the following:
``(13) `domestic partner' and `domestic partnership' have
the meanings given under section 2501.''.
(b) Contracting Authority.--Section 8902 is amended in subsections
(g), (j), and (k)(1), by striking ``former spouse,'' each place it
appears and inserting ``former spouse (or former domestic partner),''.
(c) Debarment and Other Sanctions.--Section 8902a(a)(1)(B) is
amended by inserting ``(or former domestic partner)'' after ``or former
spouse''.
(d) Health Benefits Plans.--Section 8903(1) is amended--
(1) by striking ``former spouses,'' and inserting ``former
spouses (or former domestic partners),''; and
(2) by striking ``former spouse,'' and inserting ``former
spouse (or former domestic partner),''.
(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 either domestic partner, as the
case may be),''; and
(3) in subsections (f) and (g), by striking ``former
spouse,'' each place it appears and inserting ``former spouse
(or former domestic partner),''.
(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 by striking ``remarriage and is
later restored'' and inserting ``having entered into a subsequent
marriage (or domestic partnership) and is later restored (or a
surviving domestic partner whose survivor annuity under this title was
terminated because of having entered into a subsequent domestic
partnership or a marriage and is later restored)''.
(h) Employees Health Benefits Fund.--Section 8909(d) is amended by
striking ``former spouse,'' each place it appears and inserting
``former spouse (or former domestic partner),''.
(i) Regulations.--Section 8913(c) is amended--
(1) by inserting ``(and former domestic partners)'' after
``and former spouses''; and
(2) by inserting ``(or former domestic partner)'' after
``or former spouse''.
(j) 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 striking ``surviving spouse,'' and
inserting ``surviving spouse (or surviving domestic
partner),''.
(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 striking ``surviving spouse,'' and
inserting ``surviving spouse (or surviving domestic
partner),''.
(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), by redesignating subparagraph (D)
as subparagraph (E) and by inserting after subparagraph (C) the
following:
``(D)(i) a domestic partner (as that term is
defined in section 2501) of an individual described in
paragraph (1), (2), (3), or (4);
``(ii) a child of a domestic partner referred to in
clause (i), if such child is at least 18 years of age;
and
``(iii) a parent of a domestic partner of an
individual referred to in paragraph (1) or (3).''; 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 ``(if filing jointly),''
and inserting ``(if filing jointly) (or by an employee and such
employee's domestic partner (as that term is defined under
section 2501), if joint filing is allowed and they file
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. DEFINITION.
Section 5721 is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(8) `domestic partner' has the meaning given under
section 2501.''.
SEC. 503. 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. 504. TAXES ON REIMBURSEMENTS FOR TRAVEL, TRANSPORTATION, AND
RELOCATION EXPENSES OF EMPLOYEES TRANSFERRED.
(a) In General.--Section 5724b is amended--
(1) in subsection (a), by striking ``(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. 505. 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.
SEC. 506. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO REPATRIATION OF
EMPLOYEES HELD CAPTIVE.
Section 5760(c) is amended by striking the period at the end and
inserting ``, and includes the domestic partner (as defined under
section 2501) of an employee described in subsection (b).''.
SEC. 507. REGULATIONS TO INCLUDE DOMESTIC PARTNERS.
(a) In General.--Chapter 57 is amended by adding after section 5761
the following:
``Sec. 5762. Regulations to include domestic partners
``Regulations prescribed under, or to administer provisions of,
this chapter shall include a domestic partner (as defined under section
2501) within the meaning of the terms `immediate family' and
`dependent'.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 is amended by adding after the item relating to section 5761
the following:
``5762. Regulations to include domestic partners.''.
TITLE VI--COMPENSATION FOR WORK INJURIES
SEC. 601. DEFINITIONS.
Section 8101 is amended--
(1) in paragraph (8), by striking ``married brothers or
married sisters;'' and inserting ``any brother or sister who is
married (or is in a domestic partnership);'';
(2) in paragraph (9)--
(A) by inserting ``(or children of the employee's
domestic partner not adopted by or otherwise the
children of the employee)'' after ``stepchildren''; and
(B) by striking ``married children'' and inserting
``any child who is married (or in a domestic
partnership)'';
(3) in paragraph (18), by striking ``and'' at the end;
(4) in paragraph (19), by striking ``and'' at the end;
(5) in paragraph (20), by striking the period and inserting
a semicolon; and
(6) by adding at the end the following:
``(21) `domestic partner' means an individual who is in a
domestic partnership with another individual, as determined by
the Secretary of Labor for purposes of this subchapter under
regulations issued by the Secretary, in consultation with the
Director of the Office of Personnel Management--
``(A) who are of the same sex;
``(B) at least 1 of whom is an employee or an
individual otherwise eligible for coverage under this
subchapter (or any application or extension thereof)
based on such individual's employment or other service;
``(C)(i) who are in a committed domestic-
partnership relationship with each other satisfying the
conditions in clauses (ii), (iii), and (iv) and intend
to remain so indefinitely;
``(ii) who have a common residence and intend to
continue to do so (or would have a common residence,
but are prevented from doing so because of such reasons
as an assignment abroad or other employment-related
factors, financial considerations, family
responsibilities or other such reasons);
``(iii) who share responsibility for a significant
measure of each other's welfare and financial
obligations; and
``(iv) neither of whom is married to or in a
domestic partnership with anyone except each other;
``(D) who are at least 18 years of age and mentally
competent to consent to a contract; and
``(E) who are not related to each other by blood in
a way that would prohibit legal marriage between
individuals otherwise eligible to marry in the
jurisdiction (or, if applicable, in any jurisdiction)
in which the individuals have a common residence; and
``(22) `surviving partner' means the domestic partner in a
domestic partnership with the decedent at the time of his or
her death.''.
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 ``(or children of the
employee's domestic partner not adopted by or otherwise the
children of the employee)'' 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)--
(A) by striking ``an unmarried child'' and
inserting ``a child who is unmarried (and not in a
domestic partnership)''; and
(B) by striking ``and'' at the end;
(2) in paragraph (4), by striking the period and inserting
``; 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.''; and
(4) in the last sentence, by striking ``he marries.'' and
inserting ``he marries (or enters into a domestic
partnership).''.
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 striking
``widower,'' and inserting ``widower (or surviving
partner),'' 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 enters into
a domestic partnership) (or a surviving partner dies or enters
into a subsequent domestic partnership or marries) before
reaching age 55;''; and
(B) in paragraphs (2) and (3), by striking
``marries,'' each place that term appears and inserting
``marries (or enters into a domestic partnership),'';
and
(C) in the matter following paragraph (3)--
(i) in the first sentence, by striking
``marries.'' and inserting ``marries (or enters
into a domestic partnership).''; and
(ii) in the second sentence, by inserting
``(or domestic partner) (or a surviving partner
who has entitlements to benefits under this
title derived from more than 1 domestic partner
or spouse)'' after ``husband or wife''.
SEC. 607. LUMP-SUM PAYMENT.
Section 8135 is amended--
(1) in subsection (a), by inserting ``(or surviving
partner)'' after ``widow or widower''; and
(2) by striking subsection (b) and inserting the following:
``(b) A widow or widower on remarriage (or on entry into a domestic
partnership) before reaching age 55 (or a surviving partner on entry
into a subsequent domestic partnership or on marriage before age 55)
who is entitled to compensation under section 8133 of this title, shall
be paid a lump sum equal to 24 times the monthly compensation payment
(excluding compensation on account of another individual) to which that
individual was entitled immediately before the remarriage (or entry
into a domestic partnership) (or, in the case of a surviving partner,
immediately before entry into the subsequent domestic partnership or
the marriage).''.
SEC. 608. EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) In General.--Section 8171 is amended by adding at the end the
following:
``(e)(1) For the purpose of this section--
``(A) the term `domestic partner' means an individual who
is in a domestic partnership with another individual, as
determined by the Secretary of Labor for purposes of this
subchapter under regulations issued by the Secretary, in
consultation with the Director of the Office of Personnel
Management--
``(i) who are of the same sex;
``(ii) at least 1 of whom is an employee or an
individual otherwise eligible for coverage under this
subchapter (or any application or extension thereof)
based on such individual's employment or other service;
``(iii)(I) who are in a committed domestic-
partnership relationship with each other satisfying the
conditions in subclauses (II), (III), and (IV) and
intend to remain so indefinitely;
``(II) who have a common residence and intend to
continue to do so (or would have a common residence,
but are prevented from doing so because of such reasons
as an assignment abroad or other employment-related
factors, financial considerations, family
responsibilities or other such reasons);
``(III) who share responsibility for a significant
measure of each other's welfare and financial
obligations; and
``(IV) neither of whom is married to or in a
domestic partnership with anyone except each other;
``(iv) who are at least 18 years of age and
mentally competent to consent to a contract; and
``(v) who are not related to each other by blood in
a way that would prohibit legal marriage between
individuals otherwise eligible to marry in the
jurisdiction (or, if applicable, in any jurisdiction)
in which the individuals have a common residence; and
``(B) the term `surviving partner' means the decedent's
domestic partner at the time of his or her death.
``(2) In the application of the Longshore and Harbor Workers'
Compensation Act under this subchapter--
``(A) section 2(14) of that Act shall apply as though--
``(i) `(or child of the domestic partner of an
employee or volunteer referred to in section 8171(a) of
title 5, United States Code)' were inserted after
`stepchild'; and
``(ii) `(or children in domestic partnerships)'
were inserted after `married children' and `(or
brothers or sisters in domestic partnerships)' were
inserted after `married sisters';
``(B) in section 8(d)(1) of that Act--
``(i) subparagraphs (A), (C), and (D) shall apply
as though `(or surviving partner)' were inserted after
`widow or widower' each place it appears; and
``(ii) subparagraph (D) shall apply as though
`wife, husband,' were struck and `wife or husband (or
domestic partner)' were inserted; and
``(C) in section 9 of that Act--
``(i) subsection (b) shall apply as though the
portion of the first sentence up to and including the
sixth comma reads as follows: `If there be a widow or
widower (or surviving partner) and no child of the
deceased, to such widow or widower (or surviving
partner) 50 per centum of the average wages of the
deceased, during widowhood, or dependent widowerhood
(or during the life of the surviving partner, as the
case may be), with 2 years' compensation in 1 sum upon
remarriage (or entry into a domestic partnership) of
such widow or widower (or entry into another domestic
partnership or marriage of such surviving partner); and
if there be a surviving child or children of the
deceased, the additional amount of 16\2/3\ per centum
of such wages for each such child; in case of the death
or remarriage (or entry into a domestic partnership) of
such widow or widower (or entry into another domestic
partnership or a marriage of such surviving partner)';
``(ii) subsection (c) shall apply as though the
portion of the subsection up to and including the
fourth comma reads as follows: `If there be 1 surviving
child of the deceased, but no widow or widower (or
surviving partner), then for the support of such child
50 per centum of the wages of the deceased; and if
there be more than 1 surviving child of the deceased,
but no widow or dependent husband (or surviving
partner),';
``(iii) subsection (d) shall apply as though--
``(I) the portion of the first sentence up
through the word `children' reads as follows:
`If there be no surviving wife or husband (or
surviving domestic partner) or child, or if the
amount payable to a surviving wife or husband
(or surviving domestic partner) and to
children'; and
``(II) the second sentence reads as
follows: `But in no case shall the aggregate
amount payable under this subsection exceed the
difference between 66\2/3\ per centum of such
wages and the amount payable as hereinbefore
provided to widow or widower (or surviving
partner) and for the support of surviving child
or children.';
``(iv) subsection (g) shall apply as though the
term `(or surviving domestic partner)' were inserted
after `surviving wife' each place it appears; and
``(v) section 31(b)(2)(C) shall apply as though the
term `(or domestic partner)' were inserted after
`spouse'.''.
(b) Exclusive Liability.--Section 8173 is amended by striking
``spouse,'' and inserting ``spouse (or domestic partner),''.
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 section 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 the provisions of section 2502(a) of
title 5, United States Code (as added by section 101 of
this Act) 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--EMPLOYEE LEAVE; DEATH OR CAPTIVITY COMPENSATION; OTHER
EMPLOYEE BENEFITS
SEC. 701. VOLUNTARY TRANSFERS OF LEAVE; VOLUNTARY LEAVE BANK PROGRAM.
(a) Voluntary Transfers of Leave.--Section 6333 is amended by
adding at the end the following:
``(d) Regulations to carry out this section shall include
provisions to ensure that, in the administration of this section, a
domestic partner (as that term is defined in section 2501) shall be
afforded the same status as a spouse.''.
(b) Voluntary Leave Bank Program.--Section 6362 is amended--
(1) by inserting ``(a)'' before ``Notwithstanding''; and
(2) by adding at the end the following:
``(b) The established program under this section shall include
provisions to ensure that, in the administration of this section, a
domestic partner (as that term is defined in section 2501) shall be
afforded the same status as a spouse.''.
SEC. 702. FAMILY AND MEDICAL LEAVE.
(a) In General.--
(1) Definition.--Section 6381 is amended--
(A) in paragraph (6), in the matter before
subparagraph (A), by striking ``parentis,'' and
inserting ``parentis (or a biological, adopted, or
foster child of the domestic partner of the
employee),'';
(B) in paragraph (11), by striking ``and'' at the
end;
(C) in paragraph (12), by striking the period at
the end and inserting ``; and''; and
(D) by adding after paragraph (12) the following:
``(13) the term `domestic partner' has the meaning given
under section 2501.''.
(2) Leave requirement.--Section 6382 is amended by striking
``spouse,'' each place that term appears and inserting ``spouse
(or domestic partner),''.
(3) 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),''.
(b) Congressional Accountability.--Section 202 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312) is amended by adding at the
end the following:
``(f) Coverage of Employees With Domestic Partners.--
``(1) Definition of domestic partner.--In this subsection,
the term `domestic partner' has the meaning given under section
2501 of title 5, United States Code.
``(2) Application to covered employees.--In the application
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et
seq.) under subsection (a)(1) as to a covered employee who has
a domestic partner--
``(A) sections 102 through 105 of that Act shall
apply as though `domestic partner' were inserted after
`spouse' each place it appears in those sections;
``(B) section 101(12) of that Act shall apply as
though a child of the domestic partner of a covered
employee, which child meets the conditions of
subparagraphs (A) and (B) of that section, were
included in the term `son or daughter' as defined in
that section; and
``(C) if the covered employee and the domestic
partner of the covered employee are employed by the
same employing office, the limit on the aggregate
number of workweeks of leave to which both may be
entitled, as stated in section 102(f) of that Act,
shall apply.
``(3) Application to employees of the government
accountability office.--In the application of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) as to an
employee of the Government Accountability Office who has a
domestic partner--
``(A) sections 102 through 105 of that Act shall
apply as though `domestic partner' were inserted after
`spouse' each place it appears in those sections;
``(B) section 101(12) of that Act shall apply as
though a child of the domestic partner of the employee,
which child meets the conditions of subparagraphs (A)
and (B) of that section, were included in the term `son
or daughter' as defined in that section; and
``(C) in any case in which the employee and the
domestic partner of the employee are both employed by
the Government Accountability Office, the limit on the
aggregate number of workweeks of leave to which both
may be entitled, as stated in section 102(f) of that
Act, shall apply.''.
(c) Presidential and Executive Office Accountability.--Section 412
of title 3, United States Code, is amended by adding at the end the
following:
``(e) Coverage of Employees With Domestic Partners.--
``(1) Definition of domestic partner.--In this subsection,
the term `domestic partner' has the meaning given under section
2501 of title 5.
``(2) Application to covered employees.--In the application
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et
seq.) under subsection (a)(1) as to a covered employee who has
a domestic partner--
``(A) sections 102 through 105 of that Act shall
apply as though `domestic partner' were inserted after
`spouse' each place it appears in those sections;
``(B) section 101(12) of that Act shall apply as
though a child of the domestic partner of a covered
employee, which child meets the conditions of
subparagraphs (A) and (B) of that section, shall be
deemed to be included in the term `son or daughter' as
defined in that section; and
``(C) if the covered employee and the domestic
partner of the covered employee are employed by the
same employing office, the limit on the aggregate
number of workweeks of leave to which both may be
entitled, as stated in section 102(f) of that Act,
shall apply.''.
SEC. 703. SETTLEMENT OF ACCOUNTS.
Section 5582(b) is amended by inserting ``(or surviving domestic
partner (as defined under section 2501))'' after ``widow or widower''.
SEC. 704. PAYMENTS TO MISSING EMPLOYEES.
(a) Definitions.--Section 5561 is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``wife'' and
inserting ``spouse (or domestic partner)''; and
(B) by striking subparagraph (B) and inserting--
``(B) a child, including a dependent adopted child
(or a dependent child of a domestic partner not adopted
by or otherwise the child of the employee), who is--
``(i) unmarried (and not in a domestic
partnership); and
``(ii) under 21 years of age;'';
(2) in paragraph (5)(E), by striking ``and'' at the end;
(3) in paragraph (6)(F), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(7) `domestic partner' and `domestic partnership' have
the meanings given under section 2501.''.
(b) Benefits for Captives.--Section 5569 is amended by inserting
``(or domestic partner)'' after ``spouse'' each place it appears.
SEC. 705. COMPENSATION FOR DISABILITY OR DEATH.
Section 5570(a)(2)(B) is amended by striking ``household.'' and
inserting ``household (including a domestic partner (as defined in
section 2501) of the employee).''.
SEC. 706. ANNUITY OF THE COMPTROLLER GENERAL.
(a) Definitions.--Section 771 of title 31, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking
``subchapter--'' and inserting ``subchapter:'';
(2) in paragraph (1)--
(A) by inserting ``The term'' after ``(1)''; and
(B) by inserting ``(or the child of a reporting
Comptroller General's domestic partner not adopted by
or otherwise the child of the Comptroller General)''
after ``including a stepchild''; and
(3) by striking paragraphs (2) and (3) and inserting the
following:
``(2) The terms `domestic partner' and `domestic
partnership' have the meanings given under section 2501 of
title 5.
``(3) The term `surviving spouse' means a surviving spouse
of an individual who was a Comptroller General or retired
Comptroller General and the spouse--
``(A) was married to the individual for at least 1
year immediately before the individual died; or
``(B) has not remarried (or entered into a domestic
partnership) before age 55 and is the parent of issue
by the marriage.
``(4) The term `surviving partner' means a surviving
domestic partner of an individual who was a Comptroller General
or retired Comptroller General and the domestic partner--
``(A) was in a domestic partnership for at least 1
year immediately before the individual died; or
``(B)(i) has not entered into a subsequent domestic
partnership or married before age 55; and
``(ii) satisfies other requirements, related to
parenthood and the domestic partnership, prescribed by
the Director of the Office of Personnel Management by
regulation under sections 8341(3)(b) and 8441(3)(B) of
title 5, as determined and applied by the General
Counsel of the Government Accountability Office on the
basis of those regulations.
``(5) Service as a Comptroller General equals the number of
years and complete months an individual is Comptroller
General.''.
(b) Election of Survivor Benefits.--Section 773 of title 31, United
States Code, is amended--
(1) in subsection (b)(2)(B), by inserting ``(or domestic
partner's)'' after ``surviving spouse's'';
(2) in subsection (c), by inserting ``(or surviving
domestic partner)'' after ``surviving spouse''; and
(3) in subsection (d), by inserting ``(or domestic
partner)'' before the period.
(c) Survivor Annuities.--Section 774 of title 31, United States
Code, is amended--
(1) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) only by a spouse (or domestic partner), the surviving
spouse (or surviving domestic partner) shall receive an annuity
computed under subsection (d) of this section beginning on the
death of the Comptroller General or retired Comptroller General
or when the spouse (or domestic partner) is 50 years of age,
whichever is later;'';
(B) in paragraph (2), by striking ``by a spouse and
a dependent child, the surviving spouse'' and inserting
``by a spouse (or domestic partner) and a dependent
child, the surviving spouse (or surviving domestic
partner)''; and
(C) in paragraph (3)(A), by inserting ``(or
surviving domestic partner)'' after ``surviving
spouse'';
(2) in subsection (d), by inserting ``(or surviving
domestic partner)'' after ``surviving spouse'';
(3) in subsection (e)--
(A) by inserting ``(or surviving domestic
partner's)'' after ``A surviving spouse's'';
(B) by inserting ``(or surviving domestic
partner's)'' after ``a surviving spouse's''; and
(C) by inserting ``(or domestic partner)'' after
``unless the spouse''.
(d) Refunds.--Section 775 of title 31, United States Code, is
amended--
(1) in subsection (d)(2), by inserting ``(or surviving
domestic partner)'' after ``surviving spouse''; and
(2) in subsection (e), by inserting ``(or surviving
domestic partner)'' after ``surviving spouse''.
(e) Payment of Survivor Benefits.--Section 776(b) of title 31,
United States Code, is amended--
(1) in paragraph (1), by striking ``A surviving spouse's
annuity ends when the spouse remarries'' and inserting ``A
surviving spouse's (or surviving domestic partner's) annuity
ends when the spouse remarries (or enters into a domestic
partnership) (or when the surviving domestic partner enters
into another domestic partnership or marries)'';
(2) in paragraph (2), by striking ``marries, or dies,
whichever is earliest. However, if a child is not self-
supporting because of a physical or mental disability, an
annuity ends when the child recovers, marries'' and inserting
``marries (or enters into a domestic partnership), or dies,
whichever is earliest. However, if a child is not self-
supporting because of a physical or mental disability, an
annuity ends when the child recovers, marries (or enters into a
domestic partnership)''; and
(3) in paragraph (3), by inserting ``(or surviving domestic
partner)'' after ``a surviving spouse''.
(f) Annuity Increases.--Section 777(b) of title 31, United States
Code, is amended by inserting ``(or surviving domestic partner's)''
after ``A surviving spouse's''.
TITLE VIII--ETHICS IN GOVERNMENT, CONFLICTS OF INTEREST, EMPLOYMENT OF
RELATIVES, GIFTS, AND EMPLOYEE CONDUCT
SEC. 801. ETHICS IN GOVERNMENT ACT OF 1978.
(a) Contents of Reports.--Section 102 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by inserting ``(or the
domestic partner or a parent, child, or sibling of the
domestic partner)'' after ``relative'';
(B) in paragraph (3), by striking ``spouse, or by a
parent, brother, sister, or child of the reporting
individual or of the reporting individual's spouse,''
and inserting ``spouse (or domestic partner), or by a
parent, brother, sister, or child of the reporting
individual or of the reporting individual's spouse (or
of the reporting individual's domestic partner),'';
(C) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by striking ``spouse, or a parent,
brother, sister, or child of the reporting
individual or of the reporting individual's
spouse,'' and inserting ``spouse (or domestic
partner), or a parent, brother, sister, or
child of the reporting individual or of the
reporting individual's spouse (or of the
reporting individual's domestic partner),'';
and
(ii) in subparagraph (A), by inserting
``(or domestic partner)'' after ``spouse''; and
(D) in paragraph (5), by inserting ``(or domestic
partner)'' after ``spouse'' each place that term
appears;
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) and subparagraphs (A), (B), (C), and (D) by
inserting ``(or domestic partner)'' after
``spouse'' each place that term appears;
(ii) in subparagraph (E), by inserting
``(or domestic partner's)'' after ``spouse's'';
(iii) in subparagraph (F)--
(I) by inserting ``(and domestic
partners)'' after ``spouses''; and
(II) by inserting ``(or domestic
partner)'' after ``spouse''; and
(iv) in the matter following subparagraph
(F), by inserting ``(or domestic partner)''
after ``spouse''; and
(B) in paragraph (2), by inserting ``(or the
termination of the reporting individual's domestic
partnership)'' after ``his spouse''; and
(3) in subsection (f), by inserting ``(or domestic
partner)'' after ``spouse'' each place that term appears.
(b) Definitions Relating to Financial Disclosure.--
(1) In general.--Section 109 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``(or who is a son or
daughter of the reporting individual's domestic
partner)'' after ``stepdaughter'';
(ii) in subparagraph (A), by striking
``unmarried'' and inserting ``not married (and
not in a domestic partnership)''; and
(iii) in subparagraph (B), by inserting
``(or, in the case of a son or daughter of the
reporting individual's domestic partner, would
be a dependent within the meaning of such
section if the requirements of subsections
(c)(1)(A) and (d)(1)(A) of such section were
disregarded)'' before the semicolon;
(B) by redesignating paragraphs (4) through (19) as
paragraphs (5) through (20), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) `domestic partner' and `domestic partnership' have
the meanings given under section 2501 of title 5, United States
Code.''.
(2) Technical and conforming amendments.--
(A) Ethics in government act of 1978.--The Ethics
in Government Act of 1978 (5 U.S.C. App.) is amended--
(i) in section 101(f)--
(I) in paragraph (9), by striking
``section 109(12)'' and inserting
``section 109(13)'';
(II) in paragraph (10), by striking
``section 109(13)'' and inserting
``section 109(14)'';
(III) in paragraph (11), by
striking ``section 109(10)'' and
inserting ``section 109(11)''; and
(IV) in paragraph (12), by striking
``section 109(8)'' and inserting
``section 109(9)''; and
(ii) in section 105(b)(3)(A), by striking
``section 109(8) or 109(10)'' and inserting
``section 109(9) or (11)''.
(B) Other provisions.--
(i) Lobbying disclosure act of 1995.--
Section 3(4)(D) of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1602(4)(D)) is amended by
striking ``section 109(13)'' and inserting
``section 109(14)''.
(ii) Public health service act.--Section
499(j)(2) of the Public Health Service Act (42
U.S.C. 290b(j)(2)) is amended by striking
``section 109(16)'' and inserting ``section
109(17)''.
(c) Outside Earned Income Limitation.--Section 501(c) of the Ethics
in Government Act of 1978 (5 U.S.C. App.) is amended by striking
``spouse, child, or dependent relative of such individual'' and
inserting ``spouse (or domestic partner), child, or dependent relative
of such individual (or child, sibling, or parent of such individual's
domestic partner, which child, sibling, or parent is a dependent of
such individual)''.
(d) Definitions Relating to Outside Earned Income and Employment.--
Section 505 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended--
(1) in paragraph (3), by inserting ``(or the individual's
domestic partner, or a parent, child, or sibling of the
individual's domestic partner)'' after ``relative''; and
(2) in paragraph (4), by inserting ``(or the domestic
partner, or a parent, child, or sibling of the domestic
partner)'' after ``relative''.
SEC. 802. CONFLICTS OF INTEREST.
(a) Compensation to Members of Congress, Officers, and Others in
Matters Affecting the Government.--Section 203(d) of title 18, United
States Code, is amended in the matter preceding paragraph (1) by
inserting ``(or domestic partner, as that term is defined in section
2501 of title 5)'' after ``spouse''.
(b) Activities of Officers and Employees in Claims Against and
Other Matters Affecting the Government.--Section 205(e) of title 18,
United States Code, is amended in the matter preceding paragraph (1) by
inserting ``(or domestic partner, as that term is defined in section
2501 of title 5)'' after ``spouse''.
(c) Acts Affecting a Personal Financial Interest.--Section 208(a)
of title 18, United States Code, is amended by inserting ``(or domestic
partner, as that term is defined in section 2501 of title 5)'' after
``spouse''.
SEC. 803. EMPLOYMENT OF RELATIVES, RESTRICTIONS.
Section 3110 is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) `domestic partner' has the meaning given under
section 2501.''; and
(2) in subsection (b), by inserting ``The restrictions in
this subsection shall apply also to a public official with
respect to any individual, and to any individual with respect
to a public official, if the individual is the public
official's domestic partner; is a parent, child, or sibling of
the public official's domestic partner; or is the domestic
partner of a child, parent, or sibling of the public
official.'' at the end.
SEC. 804. RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.
Section 7342(a)(1) is amended--
(1) in paragraph (1)(G), by inserting ``(or domestic
partner)'' after ``spouse'' each place it appears;
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(7) `domestic partner' has the same meaning given under
section 2501.''.
SEC. 805. REGULATION OF CONDUCT; GIFTS.
(a) In General.--Regulations under section 7301 of title 5, United
States Code, shall be modified by the President, and regulations under
sections 7351 and 7353 of that title shall be modified by the Office of
Government Ethics, so as to provide that any benefits and obligations
applicable to married employees and their spouses shall also apply to
employees in domestic partnerships and their domestic partners.
(b) Definition.--In this section, the term ``domestic partner'' has
the meaning given under section 2501 of title 5, United States Code.
SEC. 806. ACCEPTANCE OF TRAVEL ASSISTANCE FROM NON-FEDERAL SOURCES.
Section 1353(a) of title 31, United States Code, is amended by
inserting ``(or domestic partner (as defined under section 2501 of
title 5))'' after ``spouse''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 112-257.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 112-257.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 572.
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