HR 2517 IH

To provide certain benefits to domestic partners of Federal employees.CommentsClose CommentsPermalink

May 20, 2009CommentsClose CommentsPermalink

Ms. BALDWIN (for herself, Ms. ROS-LEHTINEN, Mr. BERMAN, Mr. CAPUANO, Mr. ELLISON, Mr. ENGEL, Ms. HARMAN, Mr. HOLT, Mr. KENNEDY, Mr. LANGEVIN, Mrs. MALONEY, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCDERMOTT, Ms. MOORE of Wisconsin, Mr. MORAN of Virginia, Mr. NADLER of New York, Ms. NORTON, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. SHERMAN, Ms. SUTTON, Mr. TIERNEY, Ms. WASSERMAN SCHULTZ, Mr. WU, Mr. CUMMINGS, Mr. KUCINICH, Ms. VELAZQUEZ, Mr. WAXMAN, Ms. BERKLEY, Mrs. CAPPS, Mr. MOORE of Kansas, Mr. WEINER, Mr. CONNOLLY of Virginia, Mr. HASTINGS of Florida, Mr. PASTOR of Arizona, Mr. WELCH, Ms. WOOLSEY, Mr. MCGOVERN, Ms. ZOE LOFGREN of California, Mrs. DAVIS of California, Mr. GRIJALVA, Ms. KILPATRICK of Michigan, Mr. STARK, Mr. DINGELL, Mr. GEORGE MILLER of California, Mr. SARBANES, Mr. ROTHMAN of New Jersey, Mr. CROWLEY, Mr. WEXLER, Mr. FARR, Ms. LINDA T. SANCHEZ of California, Mr. CARSON of Indiana, Ms. DEGETTE, Mr. DELAHUNT, Mr. JACKSON of Illinois, Mr. MICHAUD, Mrs. LOWEY, Ms. ESHOO, Mr. GUTIERREZ, Mr. POLIS of Colorado, Mr. ACKERMAN, Mr. FILNER, Mr. CLYBURN, and Mr. QUIGLEY) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on House Administration and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To provide certain benefits to domestic partners of Federal employees.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.; REFERENCES; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Domestic Partnership Benefits and Obligations Act of 2009’. CommentsClose CommentsPermalink





SEC. 2. BENEFITS TO (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. CommentsClose CommentsPermalink





(c) Table of Contents- The table of contents of this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title; references; table of contents. CommentsClose CommentsPermalink

TITLE I--DOMESTIC PARTNERS OF HIPS

TITLE III--FEDERAL EMPLOYEES’ RETIREMENT SYSTEM

SEC. 101. DOMESTIC PARTNERSHIPS.

(a) In General- An employee who has a domestic partner and the domestic partner of the employee shall be entitled to benefits available to, and shall be subject to obligations imposed upon, a married employee and the spouse of the employee.(b) Certification of Eligibility- In order to obtain benefits and assume obligations under this Act, an employee shallChapter 21 is amended by adding at the end the following: CommentsClose CommentsPermalink

‘Sec. 2110. Domestic partnerships

‘(a) Establishment- To establish the existence of a domestic partnership, between an employee, former employee, or annuitant and another individual, for purposes of the provisions of law to which this section applies, the employee, former employee, or annuitant (as the case may be) shall be required to file an affidavit of eligibility for benefits and obligations with, in such form and manner as the Office of Personnel Management identifying the domestic partner of the employee and certifying that the employee and the domestic partner of the employee--(1)shall by regulation prescribe, attesting to the following: CommentsClose CommentsPermalink





‘(1) Both individuals are each other’s sole domestic partner andmembers of the same sex. CommentsClose CommentsPermalink





‘(2) Both individuals are at least 18 years of age and competent to contract. CommentsClose CommentsPermalink





‘(3) The filing employee, former employee, or annuitant (as the case may be) has notified the other individual of the filing of the affidavit attesting that their partnership satisfies the requirements of this subsection. CommentsClose CommentsPermalink





‘(4) Such individuals are in a domestic partnership with one another and intend to remain so indefinitely;(2. CommentsClose CommentsPermalink





‘(5) Such individuals-- CommentsClose CommentsPermalink





‘(A) have a common residence, and intend to continue the arrangement;

(3) are at least 18 years of age and mentally competent to consent to contract;

(4); or CommentsClose CommentsPermalink




‘(B) do not have a common residence because of financial, employment-related, or other reasons, as identified in the affidavit. CommentsClose CommentsPermalink





‘(6) Neither individual is married to or in a domestic partnership with anyone outside of the domestic partnership referred to in paragraph (4). CommentsClose CommentsPermalink





‘(7) The 2 individuals share responsibility for a significant measure of each other’s common welfare and financial obligations;

(5) are not married to or domestic partners with anyone else;

(6) are same sex domestic partners, and. CommentsClose CommentsPermalink




‘(8) The 2 individuals are not related in a way that, if the two were ofy were of the opposite sex, would prohibit legal marriage in the State in which they reside; and(7) understandjurisdiction in which either individual resides. CommentsClose CommentsPermalink





‘(9) The filing employee, former employee, or annuitant (as the case may be) understands that willful falsification of information within the affidavit may lead toset forth in the affidavit or failure to provide appropriate notification of the termination of the domestic partnership may lead to the recovery of amounts obtained as a result of such falsification or failure (as the case may be), criminal or other penalties, and (in appropriate cases) disciplinary action and the recovery of the cost of benefits received related to such falsification and may constitute a criminal violation.(c) Dissolution of. CommentsClose CommentsPermalink





An affidavit shall not be effective for purposes of this section unless the filing individual is an employee, former employee, or annuitant as of the time of filing. No 2 individuals shall, for purposes of the provisions of law to which this section applies, be treated as being in a domestic partnership with one another unless there is in effect, in accordance with regulations prescribed by the Office, an affidavit filed in accordance with the preceding provisions of this subsection. An affidavit so filed shall remain in effect until the earlier of the date of the death of either individual or the date as of which the domestic partnership is otherwise terminated, as determined under such regulations. CommentsClose CommentsPermalink





‘(b) Domestic Partner- For purposes of the provisions of law to which this section applies, the term ‘domestic partner’ means an individual who is in a domestic partnership, as described in subsection (a). CommentsClose CommentsPermalink





‘(c) Employee Defined- For purposes of this section, the term ‘employee’ means an employee as defined by section 2105, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard (as described in section 2105(c)), an employee of the United States Postal Service or of the Postal Regulatory Commission (as described in section 2105(e)), a Member of Congress, a member of the commissioned corps of the Public Health Service, a member of the commissioned corps of the National Oceanic and Atmospheric Administration, and any other individual who is employed by the Government (as determined under regulations of the President or a designee thereof), but does not include a technician (within the meaning of section 8337(h) or, notwithstanding any provision of chapter 43 of title 38, a member of the armed forces. CommentsClose CommentsPermalink





‘(d) Annuitant Defined- For purposes of this section, the term ‘annuitant’ means-- CommentsClose CommentsPermalink





‘(1) an annuitant within the meaning of section 8331 or 8401; and CommentsClose CommentsPermalink





‘(2) as determined under regulations prescribed by the President or a designee thereof, any other individual who is entitled to benefits (based on the service of such individual) under a retirement system for employees of the Government. CommentsClose CommentsPermalink





‘(e) Confidentiality- No individual may-- CommentsClose CommentsPermalink





‘(1) use the information obtained under subsection (a) for any purpose other than the administration of any provision of law to which this section applies; or CommentsClose CommentsPermalink





‘(2) furnish any information obtained under subsection (a) to anyone, or permit anyone to examine or otherwise gain access to any such information, except for-- CommentsClose CommentsPermalink





‘(A) an individual who needs such information for a purpose that satisfies paragraph (1); or CommentsClose CommentsPermalink





‘(B) a member of the domestic partnership to which the information pertains or an authorized representative thereof. CommentsClose CommentsPermalink





‘(f) Applicability- This section applies for purposes of the provisions of this title (excluding chapter 81) and any provision of law identified in or under title VIII of the Domestic Partnership -(1) IN GENERAL- An employee or domestic partner of an employee who obtains benefits under this Act shall file a statement of dissolution of the domestic partnership with the Office of Personnel Management Benefits and Obligations Act of 2009.’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 21 is amended by adding at the end the following: CommentsClose CommentsPermalink





‘2110. Domestic partnerships.’. CommentsClose CommentsPermalink

Section 8339 is amended-- CommentsClose CommentsPermalink





(1) in subsection (j)-- CommentsClose CommentsPermalink





(A) in paragraph (1)-- CommentsClose CommentsPermalink





(i) by inserting ‘(or domestic partner)’ after ‘the spouse’ each place it appears; CommentsClose CommentsPermalink





(ii) by inserting ‘(or has a domestic partner)’ after ‘is married’; and CommentsClose CommentsPermalink





(iii) by inserting ‘(or domestic partner’s)’ after ‘the spouse’s’ each place it appears; CommentsClose CommentsPermalink





(B) in paragraph (2), by inserting ‘(or former domestic partner)’ after ‘former spouse’ each place it appears; CommentsClose CommentsPermalink





(C) in paragraph (3)-- CommentsClose CommentsPermalink





(i) in the first sentence-- CommentsClose CommentsPermalink





(I) by inserting ‘(or former domestic partner)’ after ‘former spouse’ each place it appears; and CommentsClose CommentsPermalink





(II) by inserting ‘(or being in a domestic partnership with)’ after ‘based on marriage to’; CommentsClose CommentsPermalink





(ii) in the second sentence-- CommentsClose CommentsPermalink





(I) by inserting ‘(or the domestic partnership of the former domestic partner with)’ after ‘the marriage of the former spouse to’; and CommentsClose CommentsPermalink





(II) by striking ‘is dissolved,’ and inserting ‘is dissolved (or terminated),’; CommentsClose CommentsPermalink





(iii) in the sixth sentence, by striking ‘former spouse.’ and inserting ‘former spouse (or former domestic partner).’; CommentsClose CommentsPermalink





(iv) in subparagraph (B)-- CommentsClose CommentsPermalink





(I) by striking ‘is then married,’ and inserting ‘is then married (or is then in a domestic partnership),’; and CommentsClose CommentsPermalink





(II) by striking ‘the spouse’s written consent.’ and inserting ‘the written consent of the spouse (or domestic partner).’; and CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(D) by amending paragraph (5) to read as follows: CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(i) after the death of the spouse (or domestic partner), or CommentsClose CommentsPermalink





‘(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, CommentsClose CommentsPermalink





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). CommentsClose CommentsPermalink





‘(B) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse (or a former domestic partner) of a retired employee or Member shall be terminated for each full month after the former spouse remarries (or the former domestic partner enters into a subsequent domestic partnership) before reaching age 55 or dies. This reduction shall be replaced by an appropriate reduction or reductions under paragraph (4) if the retired employee or Member has (i) another former spouse (or another former domestic partner) who is entitled to a survivor annuity under section 8341(h), (ii) a current spouse to whom the employee or Member was married (or a current domestic partner with whom the employee or Member was in a domestic partnership) at the time of retirement and with respect to whom a survivor annuity was not later than 30 days after the death of the employee or the domestic partner or the date of dissolution of the domestic partnership.(2) DEATH OF EMPLOYEE- In a case in which an employee dies, the domestic partner of the employee 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). CommentsClose CommentsPermalink





‘(C)(i) Upon remarriage (or entry into a subsequent domestic partnership), a retired employee or Member who was married (or in a domestic partnership) at the time of death shall receive under this Act such benefits as would be received by the widow or widower of an employee.

(3) OTHER DISSOLUTION OF PARTNERSHIP-

(A) IN GENERAL- In a case in which a domestic partnership dissolves by a method otherretirement, 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-- CommentsClose CommentsPermalink





‘(I) within 2 years after such remarriage (or such subsequent domestic partnership), or CommentsClose CommentsPermalink





‘(II) if later, within 2 years after-- CommentsClose CommentsPermalink





‘(aa) the death or remarriage of any former spouse (or the death of or entry into a subsequent domestic partnership by any former domestic partner) of such employee or Member who was entitled to a survivor annuity under section 8341(h), or CommentsClose CommentsPermalink





‘(bb) if there was more than death of the employee or domestic partner of the employee, any benefits received by the domestic partner as a result of this Act shall terminate.(B) EXCEPTION- In a case in which a domestic partnership dissolves by a method other1, the death or remarriage of the last such surviving former spouse (or the death of or entry into a subsequent domestic partnership by the last such surviving former domestic partner), CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink





‘(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 death of the employee or domestic partner of the employee, the former domestic partner of the employee shall be entitled to benefits available to, and shall be subject to obligations imposed upon, a former spouse.

(d) Stepchildren- For purposes of affording benefits under this Act, any natural or adopted child of a domestic partner of an employee shall be deemed a stepchild of the employee.

(e) Confidentiality- Any information submitted to9 months after the date of the remarriage (or entry into the subsequent domestic partnership), and the retired employee or Member shall deposit in the Fund an amount determined by the Office of Personnel Management under subsection (b) shall be used solely, 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. CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(iv) Notwithstanding any other provision of this subparagraph, an election under this subparagraph may not be made for the purpose of certifying an individual’s eligibility for benefits under 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. CommentsClose CommentsPermalink





‘(v) An election to provide a survivor annuity to a person under this subparagraph-- CommentsClose CommentsPermalink





‘(I) shall prospectively void any election made by the employee or Member under subsection (a).

(f) Regulations and Orders-

(1) OFFICE OF PERSONNEL MANAGEMENT- Notk)(1) with respect to such person; or CommentsClose CommentsPermalink




‘(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. CommentsClose CommentsPermalink





‘(vi) The deposit provisions of clauses (ii) and (iii) shall not apply if-- CommentsClose CommentsPermalink





‘(I) the employee or Member makes an election under this subparagraph after having made an election under subsection (k)(1); and CommentsClose CommentsPermalink





‘(II) the election under subsection (k)(1) becomes void under clause (v).’; CommentsClose CommentsPermalink





(2) in subsection (k)-- CommentsClose CommentsPermalink





(A) in paragraph (1)-- CommentsClose CommentsPermalink





(i) by striking ‘a married employee or Member’ and inserting ‘an employee or Member who is married (or in a domestic partnership)’; and CommentsClose CommentsPermalink





(ii) by inserting ‘(or domestic partner)’ after ‘spouse’ each place it appears; CommentsClose CommentsPermalink





(B) in paragraph (2)-- CommentsClose CommentsPermalink





(i) by striking the matter before subparagraph (B) and inserting the following: CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(i) within 2 years after such employee or Member marries (or enters into a domestic partnership), or CommentsClose CommentsPermalink





‘(ii) if later, within 2 years after-- CommentsClose CommentsPermalink





‘(I) the death or remarriage of any former spouse (or the death of or entry into a subsequent domestic partnership by any former domestic partner) of such employee or Member who was entitled to a survivor annuity under section 8341(h), or CommentsClose CommentsPermalink





‘(II) if there was more than 61, the death (or entry into a subsequent domestic partnership) by the last such surviving former spouse (or surviving former domestic partner), CommentsClose CommentsPermalink





a reduction in the retired employee or Member’s current annuity as provided in subsection (j).’; CommentsClose CommentsPermalink





(ii) in subparagraph (B)(i) (in the matter before subclause (I)), by striking ‘marriage.’ and inserting ‘marriage (or entry into a domestic partnership).’; CommentsClose CommentsPermalink





(iii) in subparagraph (B)(ii), by inserting ‘(or in a domestic partnership)’ after ‘married’; and CommentsClose CommentsPermalink





(iv) in subparagraph (C), by striking ‘marriage.’ and inserting ‘marriage (or domestic partnership).’; and CommentsClose CommentsPermalink





(3) in subsection (o)(1)-- CommentsClose CommentsPermalink





(A) in subparagraphs (A)(i) and (B)(i), by striking ‘is married,’ and inserting ‘is married (or is in a domestic partnership),’; and CommentsClose CommentsPermalink





(B) in subparagraph (A) (in the matter following clause (ii)), by inserting ‘(or domestic partner)’ after ‘spouse’. CommentsClose CommentsPermalink

Section 8341 is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; CommentsClose CommentsPermalink





(B) by inserting after paragraph (2) the following: CommentsClose CommentsPermalink





‘(3) ‘surviving partner’ means the surviving domestic partner of an employee or Member who-- CommentsClose CommentsPermalink





‘(A) was in a domestic partnership with such employee or Member for at least 9 months after the date of enactment of this Act,immediately before the death of such employee or Member; or CommentsClose CommentsPermalink





‘(B) satisfies such other requirement, based on parenthood, as the Office of Personnel Management shall promulgatby regulation prescribe based on the definition of a widow or widower under this section;’; and CommentsClose CommentsPermalink





(C) in paragraph (5) (as so redesignated by subparagraph (A))-- CommentsClose CommentsPermalink





(i) in subparagraph (A), by inserting ‘(or surviving domestic partner)’ after ‘the surviving spouse’; and CommentsClose CommentsPermalink





(ii) by adding at the end the following: ‘The Office shall prescribe regulations to implement subsections (b) and (c).provide that, for purposes of applying the provisions of paragraph (5)(A)(ii) (relating to the treatment of a stepchild) in the case of a domestic partnership, rules similar to those prescribed to carry out section 8901(5)(B) in similar circumstances shall apply.’; CommentsClose CommentsPermalink





(2) in subsection (b)-- CommentsClose CommentsPermalink





(A) in paragraph (1)-- CommentsClose CommentsPermalink





(i) by striking ‘widow or widower’ each place it appears and inserting ‘widow or widower (or surviving partner)’; and CommentsClose CommentsPermalink





(ii) by striking ‘remarriage,’ and inserting ‘remarriage (or entry into a subsequent domestic partnership)’; CommentsClose CommentsPermalink





(B) in paragraph (2)OTHER EXECUTIVE BRANCH REGULATIONS- Not later-- CommentsClose CommentsPermalink





(i) by striking ‘widow or widower’ each place it appears and inserting ‘widow or widower (or surviving partner)’; and CommentsClose CommentsPermalink





(ii) by inserting ‘(or in a domestic partnership with)’ after ‘married to’; CommentsClose CommentsPermalink





(C) in paragraph (3)-- CommentsClose CommentsPermalink





(i) in the matter before subparagraph (A), by inserting ‘(or domestic partner)’ after ‘spouse’; CommentsClose CommentsPermalink





(ii) by striking ‘widow or widower’ each place it appears and inserting ‘widow or widower (or surviving partner)’; and CommentsClose CommentsPermalink





(iii) in subparagraph (B), by inserting ‘(or enters into a subsequent domestic partnership)’ after ‘remarries’; and CommentsClose CommentsPermalink





(D) in paragraph (4)-- CommentsClose CommentsPermalink





(i) by striking ‘widow or widower’ each place it appears and inserting ‘widow or widower (or surviving partner)’; and CommentsClose CommentsPermalink





(ii) in subparagraph (B), by inserting ‘(or former domestic partner)’ after ‘former spouse’; CommentsClose CommentsPermalink





(3) in subsection (d)-- CommentsClose CommentsPermalink





(A) by striking ‘widow or widower’ each place it appears and inserting ‘widow or widower (or surviving partner)’; CommentsClose CommentsPermalink





(B) in subparagraph (B), by inserting ‘(or former domestic partner)’ after ‘former spouse’; and CommentsClose CommentsPermalink





(C) in clause (ii), by inserting ‘(or enters into a subsequent domestic partnership)’ after ‘remarries’; CommentsClose CommentsPermalink





(4) in subsection (e)-- CommentsClose CommentsPermalink





(A) by striking the matter before paragraph (2) and inserting the following: CommentsClose CommentsPermalink





‘(e)(1) For the purposes of this subsection-- CommentsClose CommentsPermalink





‘(A) the term ‘former spouse’ includes a former spouse who was married to an employee or Member for less than 6 months after the date of enactment of this Act, the President or designees of the President shall promulgate regulations to implement this Act with respect to benefits and obligations administered by agencies or other entities of the executive branch.9 months and a former spouse of an employee or Member who completed less than 18 months of service covered by this subchapter; and CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(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)’; CommentsClose CommentsPermalink





(C) in paragraph (3)OTHER REGULATIONS AND ORDERS- Not-- CommentsClose CommentsPermalink





(i) in subparagraph (E), by striking ‘dies or marries;’ and inserting ‘dies, marries, or enters into a domestic partnership;’; and CommentsClose CommentsPermalink





(ii) in the matter following subparagraph (E)-- CommentsClose CommentsPermalink





(I) by inserting ‘(or domestic partner or former domestic partner)’ after ‘spouse or former spouse’; and CommentsClose CommentsPermalink





(II) by striking ‘spouse, former spouse, or child’ and inserting ‘spouse or former spouse (or domestic partner or former domestic partner) or child,’; and CommentsClose CommentsPermalink





(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)’; CommentsClose CommentsPermalink





(5) by striking subsection (f) and inserting the following: CommentsClose CommentsPermalink





‘(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)-- CommentsClose CommentsPermalink





‘(1) is entitled to an annuity equal to 55 percent of the deferred annuity of the Member commencing on the day after the Member dies and terminating on the last day of the month before the surviving spouse dies or remarries (or the surviving domestic partner dies or enters into a subsequent domestic partnership); or CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





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-- CommentsClose CommentsPermalink





‘(A) the annuity which would otherwise be payable to such surviving spouse (or such surviving domestic partner) under this subsection, and CommentsClose CommentsPermalink





‘(B) the amount of the survivor annuity payable to any former spouse (or any former domestic partner) of such Member under subsection (h).’; CommentsClose CommentsPermalink





(6) by striking subsection (g) and inserting the following: CommentsClose CommentsPermalink





‘(g) In the case of a surviving spouse (or surviving domestic partner) whose annuity under this section is terminated because of remarriage (or entry into a subsequent domestic partnership) before becoming 55 years of age, annuity at the same rate shall be restored commencing on the day the remarriage (or subsequent domestic partnership) is dissolved by death, annulment, or divorce (or terminated), if-- CommentsClose CommentsPermalink





‘(1) the surviving spouse (or surviving domestic partner) elects to receive this annuity instead of a survivor benefit to which he may be entitled, under this subchapter or another retirement system for Government employees, by reason of the remarriage (or subsequent domestic partnership); and CommentsClose CommentsPermalink





‘(2) any lump sum paid on termination of the annuity is returned to the Fund.’; CommentsClose CommentsPermalink





(7) by striking subsection (h) and inserting the following: CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(2)(A) The annuity payable to a former spouse (or former domestic partner) under this subsection may not exceed the difference between-- CommentsClose CommentsPermalink





‘(i) the amount applicable in the case of such former spouse (or former domestic partner), as determined under subparagraph (B), and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) shall not commence before-- CommentsClose CommentsPermalink





‘(i) the day after the employee, Member, or annuitant dies, or CommentsClose CommentsPermalink





‘(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, CommentsClose CommentsPermalink





whichever is later, and CommentsClose CommentsPermalink





‘(B) shall terminate-- CommentsClose CommentsPermalink





‘(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 6the last day of the month before the former spouse remarries (or former domestic partner enters into a subsequent domestic partnership) before becoming 55 years of age or dies; or CommentsClose CommentsPermalink





‘(ii) in the case of an annuity computed by reference to clause (iii) of such paragraph, no later than the last day of the month before the former spouse remarries or dies (or the former domestic partner enters into a subsequent domestic partnership or dies). CommentsClose CommentsPermalink





‘(4) For purposes of this subchapter, a modification in a decree, order, agreement, or election referred to in paragraph (1) shall not be effective-- CommentsClose CommentsPermalink





‘(A) if such modification is made after the retirement or death of the employee or Member concerned, and CommentsClose CommentsPermalink





‘(B) to the extent that such modification involves an annuity under this subsection. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(6) Any payment under this subsection to a person bars recovery by any other person. CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(8) by striking subsection (i) and inserting the following: CommentsClose CommentsPermalink





‘(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 after the date of enactment of this Act, each agency or other entity or official notimmediately 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 executive branch that administers a program providing benefits or imposing obligations shall promulgate regulations or orders to implement this Act with respect to the program.(4) PROCEDURE- Regulations and orders required under this subsection shall be promulgated applicable 9-month period, if-- CommentsClose CommentsPermalink





‘(1) the death of the employee or Member was accidental; or CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





(9) by redesignating subsection (k) as subsection (j) and amending such subsection to read as follows: CommentsClose CommentsPermalink





‘(j)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i), to the extent that they provide for termination of a survivor annuity because of a remarriage (or entry into a subsequent domestic partnership) before age 55, shall not apply if the widow, widower or former spouse was married to (or the surviving partner or former domestic partner was in a domestic partnership with) the individual on whose service the survivor annuity is based for at least 30 years. CommentsClose CommentsPermalink





‘(2) A remarriage (or entry into a subsequent domestic partnership) described in paragraph (1) shall not be taken into account for purposes of subparagraph (B) or (C) of section 8339(j)(5) or any other provision of this chapter which the Director of the Office of Personnel Management may by regulation identify in order to carry out the purposes of this subsection.’. CommentsClose CommentsPermalink

Section 8343a is amended-- CommentsClose CommentsPermalink





(1) in subsection (b)(2), by inserting ‘(or in a domestic partnership)’ after ‘married’; CommentsClose CommentsPermalink





(2) in subsection (b)(2)(B), by inserting ‘(or surviving domestic partner)’ after notice to interested persons and an opportunity for comment.‘surviving spouse’; and CommentsClose CommentsPermalink





(3) in subsection (e), by inserting ‘(or in a domestic partnership)’ after ‘married’. CommentsClose CommentsPermalink

(a) In General- Section 8435 is amended-- CommentsClose CommentsPermalink





(1) in the catchline, by striking ‘spouses and former spouses’ and inserting ‘spouses, domestic partners, former spouses, and former domestic partners’; CommentsClose CommentsPermalink





(2) in subsection (a)-- CommentsClose CommentsPermalink





(A) in paragraph (1)-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) in subparagraph (B), by inserting ‘or domestic partner’ after ‘spouse’ each place it appears; and CommentsClose CommentsPermalink





(B) in paragraph (2), by inserting ‘(or domestic partner’s)’ after ‘spouse’s’ each place it appears; CommentsClose CommentsPermalink





(3) in subsection (b)-- CommentsClose CommentsPermalink





(A) in paragraph (1)-- CommentsClose CommentsPermalink





(i) by inserting ‘(or surviving domestic partner)’ after ‘surviving spouse’ each place it appears; and CommentsClose CommentsPermalink





(ii) by inserting ‘(or in a domestic partnership)’ after ‘married’; and CommentsClose CommentsPermalink





(B) in paragraph (2)(A), by inserting ‘(or domestic partner)’ after ‘spouse’; CommentsClose CommentsPermalink





(4) in subsection (d)-- CommentsClose CommentsPermalink





(A) in paragraph (1), by inserting ‘(or former domestic partner)’ after ‘former spouse’ the first 2 places it appears; CommentsClose CommentsPermalink





(B) in paragraphs (3) through (6), by inserting ‘(or former domestic partner)’ after ‘former spouse’ each place it appears; CommentsClose CommentsPermalink





(C) in paragraph (3)(B), by inserting ‘(or former domestic partners)’ after ‘former spouses’; and CommentsClose CommentsPermalink





(D) in paragraph (3)(A), by inserting ‘(or surviving domestic partner)’ after ‘surviving spouse’; CommentsClose CommentsPermalink





(5) in subsection (e)(1)-- CommentsClose CommentsPermalink





(A) by striking the matter before subparagraph (B) and inserting the following: CommentsClose CommentsPermalink





‘(e)(1)(A) A loan or withdrawal under subsection (g)Definitions- In this Act:(1) BENEFITS- T 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 CommentsClose CommentsPermalink





(B) in subparagraph (C), by inserting ‘(or domestic partner’s)’ after ‘spouse’s’ each place it appears; and CommentsClose CommentsPermalink





(6) in subsection (g), by inserting ‘(or domestic partner or former domestic partner)’ after ‘spouse or former spouse’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 84 is amended by striking the item relating to section 8435 and inserting the following: CommentsClose CommentsPermalink





‘8435. Protections for spouses, domestic partners, former spouses, and former domestic partners.’. CommentsClose CommentsPermalink

Section 8441 is amended-- CommentsClose CommentsPermalink





(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following: CommentsClose CommentsPermalink





‘(3) the term ‘benefits’ means--

(A) health insurance and enhanced dental and vision benefits, as provided under chapters 89, 89A, and 89B of title 5, United States Code;

(B) retirement and disability benefits and plans, as provided under--

(i) chapters 83 and 84 of title 5, United States Code;

(ii)surviving partner’ means the surviving domestic partner of an employee, Member, or annuitant, or of a former employee or Member, who-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(B) satisfies such other requirement, based on parenthood, as the Office of Personnel Management shall by regulation prescribe based on the definition of a widow or widower under this section;’; CommentsClose CommentsPermalink





(2) in paragraph (5) (as so redesignated by paragraph (1))-- CommentsClose CommentsPermalink





(A) in subparagraph (A), by inserting ‘(or surviving partner)’ after ‘widow or widower’; and CommentsClose CommentsPermalink





(3) by adding at the end the following: CommentsClose CommentsPermalink





‘The Office shall prescribe regulations to provide that, for purposes of applying the provisions of paragraph (5)(A)(ii) (relating to the treatment of a stepchild) in the case of a domestic partnership, rules similar to those prescribed to carry out section 8901(5)(B) in similar circumstances shall apply.’. CommentsClose CommentsPermalink

(a) In General- Section 8442 is amended-- CommentsClose CommentsPermalink





(1) in the catchline, by striking ‘widow or widower’ and inserting ‘widow, widower, or surviving partner’; CommentsClose CommentsPermalink





(2) in subsection (a)-- CommentsClose CommentsPermalink





(A) by inserting ‘(or surviving partner)’ after ‘widow or widower’ each place it appears; CommentsClose CommentsPermalink





(B) in paragraph (1)(B), by inserting ‘(or entry into a domestic partnership)’ after ‘marriage’; and CommentsClose CommentsPermalink





(C) in paragraph (2), by inserting ‘(or domestic partner)’ after ‘spouse’ each place it appears; CommentsClose CommentsPermalink





(3) in subsection (b), by inserting ‘(or surviving partner)’ after ‘widow or widower’ each place it appears; CommentsClose CommentsPermalink





(4) in subsection (c)-- CommentsClose CommentsPermalink





(A) in paragraph (1), (in the matter before subparagraph (A)), by inserting ‘(or a surviving partner with whom in a domestic partnership)’ after ‘widow or widower to whom married’; and CommentsClose CommentsPermalink





(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)’; CommentsClose CommentsPermalink





(5) in subsection (d)-- CommentsClose CommentsPermalink





(A) by striking ‘widow or widower’ each place it appears and inserting ‘widow or widower (or surviving partner)’; CommentsClose CommentsPermalink





(B) in paragraph (1)(B), by inserting ‘(or enters into a subsequent domestic partnership)’ after ‘remarries’; CommentsClose CommentsPermalink





(C) in paragraph (2)-- CommentsClose CommentsPermalink





(i) by striking ‘remarriage before’ and inserting ‘remarriage (or entry into a subsequent domestic partnership) before’; CommentsClose CommentsPermalink





(ii) by striking ‘remarriage is dissolved by death, divorce, or annulment,’ and inserting ‘remarriage is dissolved by death, divorce, annulment (or subsequent domestic partnership is terminated),’; CommentsClose CommentsPermalink





(iii) in subparagraph (A), by striking ‘remarriage;’ and inserting ‘remarriage (or entry into a subsequent domestic partnership);’; and CommentsClose CommentsPermalink





(D) in paragraph (3)-- CommentsClose CommentsPermalink





(i) by inserting ‘or entry into a subsequent domestic partnership’ after ‘remarriage’; and CommentsClose CommentsPermalink





(ii) by inserting ‘(or in a domestic partnership for at least 30 years with)’ after ‘married for at least 30 years to’; CommentsClose CommentsPermalink





(6) in subsection (e)-- CommentsClose CommentsPermalink





(A) by inserting ‘(or surviving partner)’ after ‘widow or widower’ each place it appears; CommentsClose CommentsPermalink





(B) by inserting ‘(or in a domestic partnership with)’ after ‘been married to’; and CommentsClose CommentsPermalink





(C) by amending paragraph (2) to read as follows: CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(7) in subsection (g), by striking ‘widow or widower’ and inserting ‘widow, widower, or surviving partner’ each place it appears; and CommentsClose CommentsPermalink





(8) in subsection (h)-- CommentsClose CommentsPermalink





(A) by striking ‘widow or widower’ each place it appears and inserting ‘widow or widower (or surviving partner)’; and CommentsClose CommentsPermalink





(B) by inserting ‘(or former domestic partner)’ after ‘former spouse’ each place it appears. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 8 of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.); and(iii) the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C.4 is amended by striking the item relating to section 8442 and inserting the following: CommentsClose CommentsPermalink





‘8442. Rights of a widow, widower, or surviving partner.’. CommentsClose CommentsPermalink

(a) In General- Section 8445 is amended-- CommentsClose CommentsPermalink





(1) in the catchline, by striking ‘former spouse’ and inserting ‘former spouse or former domestic partner’; CommentsClose CommentsPermalink





(2) in subsection (a), by inserting ‘(or former domestic partner)’ after ‘former spouse’; CommentsClose CommentsPermalink





(3) in subsection (b)-- CommentsClose CommentsPermalink





(A) by inserting ‘(or former domestic partner)’ after ‘former spouse’ each place it appears; and CommentsClose CommentsPermalink





(B) in paragraph (2), by inserting ‘(or surviving partner)’ after ‘widow or widower’; CommentsClose CommentsPermalink





(4) in subsection (c)(2), by inserting ‘(or the former domestic partner enters into a subsequent domestic partnership)’ after ‘former spouse remarries’; CommentsClose CommentsPermalink





(5) in subsection (e), by inserting ‘(or former domestic partner)’ after ‘former spouse’ each place it appears; and CommentsClose CommentsPermalink





(6) by amending subsection (h) to read as follows: CommentsClose CommentsPermalink





‘(h)(1) Subsection (c)(2), to the extent that it provides for termination of a survivor annuity because of a remarriage (or entry into a subsequent domestic partnership) before age 55, shall not apply if the former spouse (or former domestic partner) was married to (or in a domestic partnership with) the individual on whose service the survivor annuity is based for at least 30 years. CommentsClose CommentsPermalink





‘(2) A remarriage (or entry into a subsequent domestic partnership) described in paragraph (1) shall not be taken into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter which the Director may by regulation identify in order to carry out the purposes of this subsection.’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 38);(C)84 is amended by striking the item relating to section 8445 and inserting the following: CommentsClose CommentsPermalink





‘8445. Rights of a former spouse or former domestic partner.’. CommentsClose CommentsPermalink