[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1910 Reported in Senate (RS)]
Calendar No. 572
112th CONGRESS
2d Session
S. 1910
[Report No. 112-257]
To provide benefits to domestic partners of Federal employees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2011
Mr. Lieberman (for himself, Ms. Collins, Mr. Akaka, Mr. Blumenthal,
Mrs. Boxer, Mr. Cardin, Mr. Casey, Mr. Durbin, Mr. Franken, Mrs.
Gillibrand, Mr. Harkin, Mr. Kerry, Ms. Klobuchar, Mr. Lautenberg, Mr.
Leahy, Mr. Levin, Mr. Merkley, Ms. Mikulski, Mrs. Murray, Mr. Sanders,
Mrs. Shaheen, Mr. Whitehouse, Ms. Cantwell, Mr. Coons, Mr. Menendez,
Mr. Wyden, Mr. Tester, Mrs. Feinstein, Mr. Brown of Ohio, Mr. Reed, and
Mr. Schumer) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
December 19, 2012
Reported by Mr. Lieberman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; REFERENCES; AND TABLE OF
CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Domestic
Partnership Benefits and Obligations Act of 2011''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; references; and table of contents.
<DELETED>Sec. 2. Purpose.
<DELETED>TITLE I--ESTABLISHMENT AND TERMINATION OF DOMESTIC
PARTNERSHIPS; OTHER GENERAL PROVISIONS
<DELETED>Sec. 101. Federal employees in domestic partnerships.
<DELETED>Sec. 102. Guidance and educational materials.
<DELETED>Sec. 103. Review of programs under which employment benefits
and obligations are established.
<DELETED>Sec. 104. Effective date.
<DELETED>TITLE II--CIVIL SERVICE RETIREMENT SYSTEM
<DELETED>Sec. 201. Definitions.
<DELETED>Sec. 202. Creditable service.
<DELETED>Sec. 203. Computation of annuity.
<DELETED>Sec. 204. Cost-of-living adjustment of annuities.
<DELETED>Sec. 205. Survivor annuities.
<DELETED>Sec. 206. Lump-sum benefits; designation of beneficiary; order
of precedence.
<DELETED>Sec. 207. Alternative forms of annuities.
<DELETED>Sec. 208. Administration; regulations.
<DELETED>Sec. 209. Participation in the Thrift Savings Plan.
<DELETED>TITLE III--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
<DELETED>Subtitle A--General Provisions
<DELETED>Sec. 301. Definitions.
<DELETED>Subtitle B--Creditable Service
<DELETED>Sec. 311. Creditable service.
<DELETED>Sec. 312. Survivor reduction for a current spouse or a current
domestic partner.
<DELETED>Sec. 313. Survivor reduction for a former spouse or former
domestic partner.
<DELETED>Sec. 314. Survivor elections; deposit; offsets.
<DELETED>Sec. 315. Survivor reductions; computation.
<DELETED>Sec. 316. Insurable interest reductions.
<DELETED>Sec. 317. Alternative forms of annuities.
<DELETED>Sec. 318. Lump-sum benefits; designation of beneficiary; order
of precedence.
<DELETED>Subtitle C--Thrift Savings Plan
<DELETED>Sec. 321. Benefits and election of benefits.
<DELETED>Sec. 322. Annuities: methods of payment; election; purchase.
<DELETED>Sec. 323. Protections for spouses, domestic partners, former
spouses, and former domestic partners.
<DELETED>Sec. 324. Justices and judges.
<DELETED>Subtitle D--Survivor Annuities
<DELETED>Sec. 331. Definitions.
<DELETED>Sec. 332. Rights of a widow, widower, or surviving partner.
<DELETED>Sec. 333. Rights of a child.
<DELETED>Sec. 334. Rights of a former spouse or former domestic
partner.
<DELETED>Subtitle E--General Administrative Provisions
<DELETED>Sec. 341. Authority of the Office of Personnel Management.
<DELETED>Sec. 342. Cost-of-living adjustments.
<DELETED>Subtitle F--Federal Retirement Thrift Investment Management
System
<DELETED>Sec. 351. Fiduciary responsibilities; liability and penalties.
<DELETED>TITLE IV--INSURANCE BENEFITS
<DELETED>Sec. 401. Life insurance.
<DELETED>Sec. 402. Health insurance.
<DELETED>Sec. 403. Enhanced dental benefits.
<DELETED>Sec. 404. Enhanced vision benefits.
<DELETED>Sec. 405. Long-term care insurance.
<DELETED>TITLE V--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
<DELETED>Sec. 501. Reimbursement for taxes incurred on money received
for travel expenses.
<DELETED>Sec. 502. Definition.
<DELETED>Sec. 503. Relocation expenses of employees transferred or
reemployed.
<DELETED>Sec. 504. Taxes on reimbursements for travel, transportation,
and relocation expenses of employees
transferred.
<DELETED>Sec. 505. Relocation expenses of an employee who is performing
an extended assignment.
<DELETED>Sec. 506. Transportation of family members incident to
repatriation of employees held captive.
<DELETED>Sec. 507. Regulations to include domestic partners.
<DELETED>TITLE VI--COMPENSATION FOR WORK INJURIES
<DELETED>Sec. 601. Definitions.
<DELETED>Sec. 602. Death gratuity for injuries incurred in connection
with employee's service with an Armed
Force.
<DELETED>Sec. 603. Beneficiaries of awards unpaid at death; order of
precedence.
<DELETED>Sec. 604. Augmented compensation for dependents.
<DELETED>Sec. 605. Limitations on right to receive compensation.
<DELETED>Sec. 606. Compensation in case of death.
<DELETED>Sec. 607. Lump-sum payment.
<DELETED>Sec. 608. Employees of nonappropriated fund instrumentalities.
<DELETED>Sec. 609. Effective date.
<DELETED>TITLE VII--EMPLOYEE LEAVE; DEATH OR CAPTIVITY COMPENSATION;
OTHER EMPLOYEE BENEFITS
<DELETED>Sec. 701. Voluntary transfers of leave; Voluntary Leave Bank
Program.
<DELETED>Sec. 702. Family and medical leave.
<DELETED>Sec. 703. Settlement of accounts.
<DELETED>Sec. 704. Payments to missing employees.
<DELETED>Sec. 705. Compensation for disability or death.
<DELETED>Sec. 706. Annuity of the Comptroller General.
<DELETED>TITLE VIII--ETHICS IN GOVERNMENT, CONFLICTS OF INTEREST,
EMPLOYMENT OF RELATIVES, GIFTS, AND EMPLOYEE CONDUCT
<DELETED>Sec. 801. Ethics in Government Act of 1978.
<DELETED>Sec. 802. Conflicts of interest.
<DELETED>Sec. 803. Employment of relatives, restrictions.
<DELETED>Sec. 804. Receipt and disposition of foreign gifts and
decorations.
<DELETED>Sec. 805. Regulation of conduct; gifts.
<DELETED>Sec. 806. Acceptance of travel assistance from non-Federal
sources.
<DELETED>SEC. 2. PURPOSE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE I--ESTABLISHMENT AND TERMINATION OF DOMESTIC
PARTNERSHIPS; OTHER GENERAL PROVISIONS</DELETED>
<DELETED>SEC. 101. FEDERAL EMPLOYEES IN DOMESTIC
PARTNERSHIPS.</DELETED>
<DELETED> (a) In General.--Subpart A of part III is amended by
inserting after section 2305 the following:</DELETED>
<DELETED>``CHAPTER 25--FEDERAL EMPLOYEES IN DOMESTIC
PARTNERSHIPS</DELETED>
<DELETED>``Sec.
<DELETED>``2501. Definitions.
<DELETED>``2502. Establishment and termination of domestic
partnerships.
<DELETED>``Sec. 2501. Definitions</DELETED>
<DELETED> ``In this chapter--</DELETED>
<DELETED> ``(1) the term `annuitant' means--</DELETED>
<DELETED> ``(A) an annuitant as defined under
section 8331, 8401, or 8901(3)(A); and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) the term `Director' means the Director of
the Office of Personnel Management;</DELETED>
<DELETED> ``(3) the term `domestic partner' means either of
the individuals in a domestic partnership;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(5) the term `employee' means--</DELETED>
<DELETED> ``(A) an employee as defined under section
2105, including an employee referred to in subsection
(c) or (e) of that section;</DELETED>
<DELETED> ``(B) a Member of Congress;</DELETED>
<DELETED> ``(C) the President;</DELETED>
<DELETED> ``(D) an individual who is an employee, as
defined under section 8331, 8401, 8701, 8901, or 9001;
or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 2502. Establishment and termination of domestic
partnerships</DELETED>
<DELETED> ``(a) Establishment of Domestic Partnership.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) By the affidavit referred to in paragraph
(2), each of the individuals shall attest to the
following:</DELETED>
<DELETED> ``(A)(i) The individuals are of the same
sex; and</DELETED>
<DELETED> ``(ii) the individual who files the
affidavit is an employee, former employee, or
annuitant.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(iii) The individuals share
responsibility for a significant measure of each
other's welfare and financial obligations.</DELETED>
<DELETED> ``(iv) Neither individual is married to or
in a domestic partnership with anyone except each
other.</DELETED>
<DELETED> ``(C) Each individual is at least 18 years
of age and mentally competent to consent to a
contract.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(E) Each of the individuals understands
that--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Termination of Domestic Partnership.--</DELETED>
<DELETED> ``(1) A domestic partnership is terminated upon--
</DELETED>
<DELETED> ``(A) the death of either domestic
partner;</DELETED>
<DELETED> ``(B) the filing of a notification under
paragraph (2) by either or both domestic partners;
or</DELETED>
<DELETED> ``(C) the satisfaction of such other
conditions as the Director may by regulation
prescribe.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Effectiveness of the Filing of an Affidavit.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) No individual shall, for purposes of the
provisions of law to which this chapter applies, be treated as
being in a domestic partnership--</DELETED>
<DELETED> ``(A) unless an affidavit has been filed
in accordance with this section and with regulations
prescribed by the Director; or</DELETED>
<DELETED> ``(B) after the earlier of--</DELETED>
<DELETED> ``(i) the date of the death of
either individual; or</DELETED>
<DELETED> ``(ii) the date as of which the
domestic partnership is otherwise terminated,
as determined under regulations prescribed by
the Director.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Applicability.--</DELETED>
<DELETED> ``(1) This section applies for purposes of the
provisions of this title (excluding chapter 81).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Under regulations prescribed by the
President--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(f) Regulations.--The Director shall issue regulations
to carry out subsection (a) through (d).''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``25. Federal Employees in Domestic Partnerships... 2501''.
<DELETED>SEC. 102. GUIDANCE AND EDUCATIONAL MATERIALS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in accordance with subsection (c);
and</DELETED>
<DELETED> (2) if in the executive branch, under the
coordination of the Director of the Office of Personnel
Management.</DELETED>
<DELETED> (b) Office of Personnel Management.--The Director of the
Office of Personnel Management shall, to the greatest extent
practicable--</DELETED>
<DELETED> (1) compile the materials referred to under
subsection (a);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) ensure that such materials are readily
available to employees and their domestic partners, both in
print form and by publicly accessible website.</DELETED>
<DELETED> (c) Timeliness.--To the maximum extent practicable, the
materials shall be--</DELETED>
<DELETED> (1) prepared and made readily available not later
than 30 days before the effective date of this Act;
and</DELETED>
<DELETED> (2) updated as necessary.</DELETED>
<DELETED> (d) Effective Date.--This section shall take effect on the
date of enactment of this Act.</DELETED>
<DELETED>SEC. 103. REVIEW OF PROGRAMS UNDER WHICH EMPLOYMENT BENEFITS
AND OBLIGATIONS ARE ESTABLISHED.</DELETED>
<DELETED> (a) Definitions.--In this section--</DELETED>
<DELETED> (1) the term ``benefit'' includes any right,
power, privilege, immunity, or protection, whether substantive,
procedural, remedial, or otherwise;</DELETED>
<DELETED> (2) the term ``domestic partner'' means either of
the individuals in a domestic partnership;</DELETED>
<DELETED> (3) the term ``domestic partnership'' means a
relationship between 2 individuals--</DELETED>
<DELETED> (A) who are of the same sex;</DELETED>
<DELETED> (B) at least 1 of whom is an
employee;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (iii) who share responsibility for a
significant measure of each other's welfare and
financial obligations; and</DELETED>
<DELETED> (iv) neither of whom is married to or in a
domestic partnership with anyone except each
other;</DELETED>
<DELETED> (D) each of whom are at least 18 years of
age and mentally competent to consent to a contract;
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) the term ``employee'' means--</DELETED>
<DELETED> (A) an employee as defined under section
2501 of title 5, United States Code, as added by
section 101 of this Act;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) the term ``obligation'' includes any duty,
disability, or liability, whether substantive, procedural,
remedial, or otherwise.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) submit a report to Congress summarizing the
review, determinations, and recommendations under paragraphs
(1), (2), (3), and (4).</DELETED>
<DELETED> (c) Effective Date.--This section shall take effect on the
date of enactment of this Act.</DELETED>
<DELETED>SEC. 104. EFFECTIVE DATE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE II--CIVIL SERVICE RETIREMENT SYSTEM</DELETED>
<DELETED>SEC. 201. DEFINITIONS.</DELETED>
<DELETED> Section 8331 is amended--</DELETED>
<DELETED> (1) in paragraph (30), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (31), by striking the period and
inserting a semicolon; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(32) `domestic partner' and `domestic
partnership' have the meanings given under section 2501;
and</DELETED>
<DELETED> ``(33) `former domestic partner' means a former
domestic partner of an individual--</DELETED>
<DELETED> ``(A) if such individual performed at
least 18 months of civilian service covered under this
subchapter as an employee or Member; and</DELETED>
<DELETED> ``(B) if the former domestic partner was
in a domestic partnership with such individual for at
least 9 months.''.</DELETED>
<DELETED>SEC. 202. CREDITABLE SERVICE.</DELETED>
<DELETED> Section 8332 is amended--</DELETED>
<DELETED> (1) in subsection (c)(3)(C)(ii), by striking
``former spouse.'' and inserting ``former spouse (or former
domestic partner).''; and</DELETED>
<DELETED> (2) in paragraphs (4) and (5) of subsection (o),
by striking ``spouse'' each place it appears and inserting
``spouse (or domestic partner),''.</DELETED>
<DELETED>SEC. 203. COMPUTATION OF ANNUITY.</DELETED>
<DELETED> Section 8339 is amended--</DELETED>
<DELETED> (1) in subsection (j)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by inserting ``(or domestic
partner)'' after ``the spouse'' each place it
appears;</DELETED>
<DELETED> (ii) by inserting ``(or has a
domestic partner)'' after ``is married'';
and</DELETED>
<DELETED> (iii) by inserting ``(or domestic
partner's)'' after ``the spouse's'' each place
it appears;</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``(or
former domestic partner)'' after ``former spouse'' each
place it appears;</DELETED>
<DELETED> (C) in paragraph (3)--</DELETED>
<DELETED> (i) in the first sentence--
</DELETED>
<DELETED> (I) by inserting ``(or
former domestic partner)'' after
``former spouse'' each place it
appears; and</DELETED>
<DELETED> (II) by inserting ``(or
being in a domestic partnership with)''
after ``based on marriage
to'';</DELETED>
<DELETED> (ii) in the second sentence--
</DELETED>
<DELETED> (I) by inserting ``(or the
domestic partnership of the former
domestic partner with)'' after ``the
marriage of the former spouse to'';
and</DELETED>
<DELETED> (II) by striking ``is
dissolved,'' and inserting ``is
dissolved (or terminated),'';</DELETED>
<DELETED> (iii) in the sixth sentence, by
striking ``former spouse.'' and inserting
``former spouse (or former domestic
partner).'';</DELETED>
<DELETED> (iv) in subparagraph (B)--
</DELETED>
<DELETED> (I) by striking ``is then
married,'' and inserting ``is then
married (or is then in a domestic
partnership),''; and</DELETED>
<DELETED> (II) by striking ``the
spouse's written consent.'' and
inserting ``the written consent of the
spouse (or domestic partner).'';
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) by amending paragraph (5) to read as
follows:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) after the death of the spouse (or domestic
partner); or</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED>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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) within 2 years after such entry into a
subsequent marriage (or domestic partnership); or</DELETED>
<DELETED> ``(II) if later, within 2 years after--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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),</DELETED>
<DELETED>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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(v) An election to provide a survivor annuity to a
person under this subparagraph--</DELETED>
<DELETED> ``(I) shall prospectively void any election made
by the employee or Member under subsection (k)(1) with respect
to such person; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(vi) The deposit provisions of clauses (ii) and (iii)
shall not apply if--</DELETED>
<DELETED> ``(I) the employee or Member makes an election
under this subparagraph after having made an election under
subsection (k)(1); and</DELETED>
<DELETED> ``(II) the election under subsection (k)(1)
becomes void under clause (v).'';</DELETED>
<DELETED> (2) in subsection (k)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``a married
employee or Member'' and inserting ``an
employee or Member who is married (or in a
domestic partnership)''; and</DELETED>
<DELETED> (ii) by inserting ``(or domestic
partner)'' after ``spouse'' each place it
appears;</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) by striking the matter before
subparagraph (B) and inserting the
following:</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(i) within 2 years after such employee or Member
marries (or enters into a domestic partnership); or</DELETED>
<DELETED> ``(ii) if later, within 2 years after--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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),</DELETED>
<DELETED>a reduction in the retired employee or Member's current
annuity as provided in subsection (j).'';</DELETED>
<DELETED> (ii) in subparagraph (B)(i) (in
the matter before subclause (I)), by striking
``marriage.'' and inserting ``marriage (or
entry into a domestic
partnership).'';</DELETED>
<DELETED> (iii) in subparagraph (B)(ii), by
inserting ``(or in a domestic partnership)''
after ``married''; and</DELETED>
<DELETED> (iv) in subparagraph (C), by
striking ``marriage.'' and inserting ``marriage
(or domestic partnership).''; and</DELETED>
<DELETED> (3) in subsection (o)(1)--</DELETED>
<DELETED> (A) in subparagraphs (A)(i) and (B)(i), by
striking ``is married,'' and inserting ``is married (or
is in a domestic partnership),''; and</DELETED>
<DELETED> (B) in subparagraph (A) (in the matter
following clause (ii)), by inserting ``(or domestic
partner)'' after ``spouse''.</DELETED>
<DELETED>SEC. 204. COST-OF-LIVING ADJUSTMENT OF ANNUITIES.</DELETED>
<DELETED> Section 8340 is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``and'' at the end of
paragraph (1);</DELETED>
<DELETED> (B) by striking the period at the end of
paragraph (2) and inserting ``; and''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(3) the terms `widow', `widower', and `surviving
partner' have the respective meanings given them under section
8341.''; and</DELETED>
<DELETED> (2) in subsection (c)(1)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 205. SURVIVOR ANNUITIES.</DELETED>
<DELETED> Section 8341 is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by redesignating paragraphs (3) and
(4) as paragraphs (4) and (5), respectively;</DELETED>
<DELETED> (B) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(3) `surviving partner' means the surviving
domestic partner of an employee or Member who--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (C) in paragraph (5) (as so redesignated
by subparagraph (A))--</DELETED>
<DELETED> (i) in subparagraph (A)--
</DELETED>
<DELETED> (I) by striking ``an
unmarried dependent child'' and
inserting ``a dependent child who is
unmarried (and not in a domestic
partnership) and'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (III) in clause (iv), by
inserting ``(or surviving domestic
partner)'' after ``the surviving
spouse''; and</DELETED>
<DELETED> (ii) in subparagraphs (B) and (C),
by striking ``unmarried dependent child'' and
inserting ``dependent child who is unmarried
(and not in a domestic
partnership)'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``widow or
widower'' each place it appears and inserting
``widow or widower (or surviving partner)'';
and</DELETED>
<DELETED> (ii) by striking ``remarriage,''
and inserting ``remarriage (or entry into a
subsequent domestic partnership)'';</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) by striking ``widow or
widower'' each place it appears and inserting
``widow or widower (or surviving partner)'';
and</DELETED>
<DELETED> (ii) by inserting ``(or in a
domestic partnership with)'' after ``married
to'';</DELETED>
<DELETED> (C) in paragraph (3)--</DELETED>
<DELETED> (i) in the matter before
subparagraph (A), by inserting ``(or domestic
partner)'' after ``spouse'';</DELETED>
<DELETED> (ii) by striking ``widow or
widower'' each place it appears and inserting
``widow or widower (or surviving partner)'';
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) in paragraph (4)--</DELETED>
<DELETED> (i) by striking ``widow or
widower'' each place it appears and inserting
``widow or widower (or surviving partner)'';
and</DELETED>
<DELETED> (ii) in subparagraph (B), by
inserting ``(or former domestic partner)''
after ``former spouse'';</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) by striking ``widow or widower'' each
place it appears and inserting ``widow or widower (or
surviving partner)'';</DELETED>
<DELETED> (B) in subparagraph (B), by inserting
``(or former domestic partner)'' after ``former
spouse''; and</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (4) in subsection (e)--</DELETED>
<DELETED> (A) by striking the matter before
paragraph (2) and inserting the following:</DELETED>
<DELETED> ``(e)(1) For the purposes of this subsection--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (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)'';</DELETED>
<DELETED> (C) in paragraph (3)--</DELETED>
<DELETED> (i) in subparagraph (E), by
striking ``dies or marries;'' and inserting
``dies or marries (or enters into a domestic
partnership);''; and</DELETED>
<DELETED> (ii) in the matter following
subparagraph (E)--</DELETED>
<DELETED> (I) by inserting ``(or
domestic partner or former domestic
partner)'' after ``spouse or former
spouse''; and</DELETED>
<DELETED> (II) by striking ``spouse,
former spouse, or child'' and inserting
``spouse or former spouse (or domestic
partner or former domestic partner) or
child,''; and</DELETED>
<DELETED> (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)'';</DELETED>
<DELETED> (5) by striking subsection (f) and inserting the
following:</DELETED>
<DELETED> ``(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)--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>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--</DELETED>
<DELETED> ``(A) the annuity which would otherwise be payable
to such surviving spouse (or such surviving domestic partner)
under this subsection; and</DELETED>
<DELETED> ``(B) the amount of the survivor annuity payable
to any former spouse (or any former domestic partner) of such
Member under subsection (h).'';</DELETED>
<DELETED> (6) by striking subsection (g) and inserting the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) any lump sum paid on termination of the
annuity is returned to the Fund.'';</DELETED>
<DELETED> (7) by striking subsection (h) and inserting the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2)(A) The annuity payable to a former spouse (or former
domestic partner) under this subsection may not exceed the difference
between--</DELETED>
<DELETED> ``(i) the amount applicable in the case of such
former spouse (or former domestic partner), as determined under
subparagraph (B); and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) shall not commence before--</DELETED>
<DELETED> ``(i) the day after the employee, Member,
or annuitant dies; or</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED>whichever is later, and</DELETED>
<DELETED> ``(B) shall terminate--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(4) For purposes of this subchapter, a modification in a
decree, order, agreement, or election referred to in paragraph (1)
shall not be effective--</DELETED>
<DELETED> ``(A) if such modification is made after the
retirement or death of the employee or Member concerned,
and</DELETED>
<DELETED> ``(B) to the extent that such modification
involves an annuity under this subsection.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(6) Any payment under this subsection to a person bars
recovery by any other person.</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (8) by striking subsection (i) and inserting the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the death of the employee or Member was
accidental; or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (9) by redesignating subsection (k) as subsection
(j) and amending such subsection to read as follows:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENEFICIARY; ORDER
OF PRECEDENCE.</DELETED>
<DELETED> Section 8342 is amended--</DELETED>
<DELETED> (1) in subsection (c)--</DELETED>
<DELETED> (A) by inserting ``(or surviving
partner)'' after ``widow or widower''; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in subsection (j)--</DELETED>
<DELETED> (A) in paragraph (1)(A), by inserting
``(or the domestic partner, if any)'' after ``the
spouse, if any'';</DELETED>
<DELETED> (B) by inserting ``(or domestic partner)''
after ``spouse'' each place it appears; and</DELETED>
<DELETED> (C) by inserting ``(or former domestic
partner)'' after ``former spouse'' each place it
appears.</DELETED>
<DELETED>SEC. 207. ALTERNATIVE FORMS OF ANNUITIES.</DELETED>
<DELETED> Section 8343a is amended--</DELETED>
<DELETED> (1) in subsection (b)(2)--</DELETED>
<DELETED> (A) (in the material before subparagraph
(A)), by inserting ``(or in a domestic partnership)''
after ``married''; and</DELETED>
<DELETED> (B) in subparagraph (B), by inserting
``(or surviving domestic partner)'' after ``surviving
spouse'';</DELETED>
<DELETED> (2) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1), by striking
``married,'' each place it appears and inserting
``married (or in a domestic partnership),'';
and</DELETED>
<DELETED> (B) in paragraph (2), by striking ``former
spouse,'' and inserting ``former spouse (or former
domestic partner),''; and</DELETED>
<DELETED> (3) in subsection (e), by inserting ``(or in a
domestic partnership)'' after ``married''.</DELETED>
<DELETED>SEC. 208. ADMINISTRATION; REGULATIONS.</DELETED>
<DELETED> 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)''.</DELETED>
<DELETED>SEC. 209. PARTICIPATION IN THE THRIFT SAVINGS PLAN.</DELETED>
<DELETED> Section 8351(b)(5) is amended--</DELETED>
<DELETED> (1) in subparagraphs (A), (B), and (C), by
inserting ``(or domestic partner)'' after ``spouse'' each place
it appears;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) in subparagraph (D), by inserting ``(or
domestic partner or former domestic partner)'' after ``spouse
or former spouse''.</DELETED>
<DELETED>TITLE III--FEDERAL EMPLOYEES' RETIREMENT SYSTEM</DELETED>
<DELETED>Subtitle A--General Provisions</DELETED>
<DELETED>SEC. 301. DEFINITIONS.</DELETED>
<DELETED> Section 8401 is amended--</DELETED>
<DELETED> (1) in paragraph (35), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (36), by striking the period at
the end and inserting a semicolon; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(37) `domestic partner' and `domestic
partnership' have the meanings given under section 2501;
and</DELETED>
<DELETED> ``(38) `former domestic partner' means a former
domestic partner of an individual--</DELETED>
<DELETED> ``(A) if such individual performed at
least 18 months of civilian service creditable under
section 8411 as an employee or Member; and</DELETED>
<DELETED> ``(B) if the former domestic partner was
in a domestic partnership with such individual for at
least 9 months.''.</DELETED>
<DELETED>Subtitle B--Creditable Service</DELETED>
<DELETED>SEC. 311. CREDITABLE SERVICE.</DELETED>
<DELETED> Section 8411 is amended--</DELETED>
<DELETED> (1) in subsection (c)(4)(C)(ii), by inserting
``(or former domestic partner)'' after ``former
spouse'';</DELETED>
<DELETED> (2) in subsection (l)(4)(B)(i), by inserting ``(or
domestic partner)'' after ``spouse''; and</DELETED>
<DELETED> (3) in subsection (l)(5), by inserting ``(or
domestic partner)'' after ``spouse'' each place it
appears.</DELETED>
<DELETED>SEC. 312. SURVIVOR REDUCTION FOR A CURRENT SPOUSE OR A CURRENT
DOMESTIC PARTNER.</DELETED>
<DELETED> (a) In General.--Section 8416 is amended--</DELETED>
<DELETED> (1) in the section heading, by inserting ``(or
domestic partner)'' after ``spouse'';</DELETED>
<DELETED> (2) in subsection (a)--</DELETED>
<DELETED> (A) by inserting ``(or in a domestic
partnership)'' after ``married'' each place it
appears;</DELETED>
<DELETED> (B) by inserting ``(or domestic partner)''
after ``spouse'' each place it appears; and</DELETED>
<DELETED> (C) by inserting ``(or domestic
partner's)'' after ``spouse's'' each place it
appears;</DELETED>
<DELETED> (3) by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) within 2 years after such entry into a
subsequent marriage (or domestic partnership); or</DELETED>
<DELETED> ``(B) if later, within 2 years after--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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),</DELETED>
<DELETED>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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(3) An election to provide a survivor annuity to an
individual under this subsection--</DELETED>
<DELETED> ``(A) shall prospectively void any election made
by the employee or Member under section 8420 with respect to
such individual; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the employee or Member was married to (or in
a domestic partnership with) such individual at the time of
retirement; and</DELETED>
<DELETED> ``(B) the annuity rights of such individual based
on the service of such employee or Member were then waived
under subsection (a).'';</DELETED>
<DELETED> (4) in subsection (c)--</DELETED>
<DELETED> (A) by striking the matter before
paragraph (2) and inserting the following:</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) within 2 years after such employee or Member
marries (or enters into a domestic partnership); or</DELETED>
<DELETED> ``(B) if later, within 2 years after--</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED> ``(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),</DELETED>
<DELETED>a reduction in the current annuity of the retired
employee or Member, in accordance with section 8419(a).'';
and</DELETED>
<DELETED> (B) in paragraph (2), by striking
``marriage.'' and inserting ``marriage (or domestic
partnership).''; and</DELETED>
<DELETED> (5) in subsection (d)(1)--</DELETED>
<DELETED> (A) by inserting ``(or in a domestic
partnership)'' after ``married''; and</DELETED>
<DELETED> (B) by inserting ``(or domestic partner)''
after ``spouse'' each place it appears.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``8416. Survivor reduction for a current spouse (or domestic
partner).''.
<DELETED>SEC. 313. SURVIVOR REDUCTION FOR A FORMER SPOUSE OR FORMER
DOMESTIC PARTNER.</DELETED>
<DELETED> (a) In General.--Section 8417 is amended--</DELETED>
<DELETED> (1) in the section heading, by inserting ``(or
former domestic partner)'' after ``former spouse'';</DELETED>
<DELETED> (2) in subsection (a), by inserting ``(or a former
domestic partner)'' after ``former spouse''; and</DELETED>
<DELETED> (3) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting ``(or
former domestic partner)'' after ``former spouse'' each
place it appears;</DELETED>
<DELETED> (B) by amending paragraph (2) to read as
follows:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (C) in paragraph (3)--</DELETED>
<DELETED> (i) in subparagraph (A)(ii), by
inserting ``(or a surviving partner)'' after
``a widow or widower''; and</DELETED>
<DELETED> (ii) by amending subparagraph (B)
to read as follows:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``8417. Survivor reduction for a former spouse (or former
domestic partner).''.
<DELETED>SEC. 314. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS.</DELETED>
<DELETED> Section 8418(b) is amended--</DELETED>
<DELETED> (1) by inserting ``(or domestic partnership)''
after ``marriage''; and</DELETED>
<DELETED> (2) by striking ``former spouse.'' inserting
``former spouse (or former domestic partner).''.</DELETED>
<DELETED>SEC. 315. SURVIVOR REDUCTIONS; COMPUTATION.</DELETED>
<DELETED> Section 8419 is amended--</DELETED>
<DELETED> (1) in subsection (a), by inserting ``(or domestic
partner)'' after ``spouse'' each place it appears;
and</DELETED>
<DELETED> (2) by amending subsection (b) to read as
follows:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) after the death of the spouse (or domestic
partner); or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) another former spouse (or former domestic
partner) who is entitled to a survivor annuity under section
8445;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 316. INSURABLE INTEREST REDUCTIONS.</DELETED>
<DELETED> Section 8420 is amended--</DELETED>
<DELETED> (1) in subsection (b)(1)--</DELETED>
<DELETED> (A) by striking ``married employee or
Member'' and inserting ``employee or Member who is
married (or in a domestic partnership)''; and</DELETED>
<DELETED> (B) by inserting ``(or domestic partner)''
after ``spouse'' each place it appears; and</DELETED>
<DELETED> (2) in subsection (b)(2), by inserting ``(or
former domestic partner)'' after ``former spouse''.</DELETED>
<DELETED>SEC. 317. ALTERNATIVE FORMS OF ANNUITIES.</DELETED>
<DELETED> Section 8420a is amended--</DELETED>
<DELETED> (1) in subsection (b)(2)--</DELETED>
<DELETED> (A) in the matter before subparagraph (A),
by inserting ``(or in a domestic partnership)'' after
``married''; and</DELETED>
<DELETED> (B) in subparagraph (B), by striking
``surviving spouse.'' inserting ``surviving spouse (or
surviving domestic partner).'';</DELETED>
<DELETED> (2) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1), by striking
``married,'' inserting ``married (or in a domestic
partnership),'' and</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``(or
former domestic partner)'' after ``former spouse'' each
place it appears; and</DELETED>
<DELETED> (3) in subsection (e), by inserting ``(or in a
domestic partnership)'' after ``married''.</DELETED>
<DELETED>SEC. 318. LUMP-SUM BENEFITS; DESIGNATION OF BENEFICIARY; ORDER
OF PRECEDENCE.</DELETED>
<DELETED> Section 8424 is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in subsection (d)--</DELETED>
<DELETED> (A) by striking ``widow or widower'' and
inserting ``widow or widower (or surviving partner)'';
and</DELETED>
<DELETED> (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).''.</DELETED>
<DELETED>Subtitle C--Thrift Savings Plan</DELETED>
<DELETED>SEC. 321. BENEFITS AND ELECTION OF BENEFITS.</DELETED>
<DELETED> Section 8433(e) is amended by striking paragraph (2) and
inserting the following:</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) The spouse (or domestic partner) may
not make withdrawals under subsection (g) or
(h).</DELETED>
<DELETED> ``(C) The spouse (or domestic partner) may
not make contributions or transfers to the
account.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 322. ANNUITIES: METHODS OF PAYMENT; ELECTION;
PURCHASE.</DELETED>
<DELETED> Section 8434(a)(2) is amended--</DELETED>
<DELETED> (1) in subparagraph (B), by inserting ``(or
domestic partner)'' after ``spouse''; and</DELETED>
<DELETED> (2) in subparagraph (E)(i), by inserting ``(or
former domestic partner)'' after ``former spouse''.</DELETED>
<DELETED>SEC. 323. PROTECTIONS FOR SPOUSES, DOMESTIC PARTNERS, FORMER
SPOUSES, AND FORMER DOMESTIC PARTNERS.</DELETED>
<DELETED> (a) In General.--Section 8435 is amended--</DELETED>
<DELETED> (1) in the section heading, by inserting ``(and
domestic partners and former domestic partners)'' after
``spouses and former spouses'';</DELETED>
<DELETED> (2) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) in subparagraph (B), by
inserting ``(or domestic partner)'' after
``spouse'' each place it appears; and</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``(or
domestic partner's)'' after ``spouse's'' each place it
appears;</DELETED>
<DELETED> (3) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by inserting ``(or surviving
domestic partner)'' after ``surviving spouse''
each place it appears; and</DELETED>
<DELETED> (ii) by inserting ``(or in a
domestic partnership)'' after ``married'';
and</DELETED>
<DELETED> (B) in paragraph (2)(A), by inserting
``(or domestic partner)'' after ``spouse'';</DELETED>
<DELETED> (4) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting ``(or
former domestic partner)'' after ``former spouse'' the
first 2 places it appears;</DELETED>
<DELETED> (B) in paragraphs (3) through (6), by
inserting ``(or former domestic partner)'' after
``former spouse'' each place it appears;</DELETED>
<DELETED> (C) in paragraph (3)(B), by inserting
``(or former domestic partners)'' after ``former
spouses''; and</DELETED>
<DELETED> (D) in paragraph (3)(A), by inserting
``(or surviving domestic partner)'' after ``surviving
spouse'';</DELETED>
<DELETED> (5) in subsection (e)(1)--</DELETED>
<DELETED> (A) by striking the matter before
subparagraph (B) and inserting the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (B) in subparagraph (C), by inserting
``(or domestic partner's)'' after ``spouse's'' each
place it appears; and</DELETED>
<DELETED> (6) in subsection (g), by inserting ``(or domestic
partner or former domestic partner)'' after ``spouse or former
spouse''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``8435. Protections for spouses and former spouses (and
domestic partners and former domestic
partners).''.
<DELETED>SEC. 324. JUSTICES AND JUDGES.</DELETED>
<DELETED> Section 8440a(b)(6) is amended by inserting ``(or domestic
partners)'' after ``spouses''.</DELETED>
<DELETED>Subtitle D--Survivor Annuities</DELETED>
<DELETED>SEC. 331. DEFINITIONS.</DELETED>
<DELETED> Section 8441 is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively, and by inserting after
paragraph (2) the following:</DELETED>
<DELETED> ``(3) the term `surviving partner' means the
surviving domestic partner of an employee, Member, or
annuitant, or of a former employee or Member, who--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in paragraph (5) (as so redesignated by
paragraph (1))--</DELETED>
<DELETED> (A) in subparagraph (A)--</DELETED>
<DELETED> (i) by striking ``an unmarried
dependent child'' and inserting ``a dependent
child who is unmarried (and not in a domestic
partnership)'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) in clause (iv), by inserting
``(or surviving partner)'' after ``widow or
widower''; and</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED>SEC. 332. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING
PARTNER.</DELETED>
<DELETED> (a) In General.--Section 8442 is amended--</DELETED>
<DELETED> (1) in the section heading, by inserting ``(or
surviving partner)'' after ``widow or widower'';</DELETED>
<DELETED> (2) in subsection (a)--</DELETED>
<DELETED> (A) by inserting ``(or surviving
partner)'' after ``widow or widower'' each place it
appears;</DELETED>
<DELETED> (B) by inserting ``(or entry into a
domestic partnership)'' after ``marriage'';
and</DELETED>
<DELETED> (C) by inserting ``(or domestic partner)''
after ``spouse'' each place it appears;</DELETED>
<DELETED> (3) in subsection (b), by inserting ``(or
surviving partner)'' after ``widow or widower'' each place it
appears;</DELETED>
<DELETED> (4) in subsection (c)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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)'';</DELETED>
<DELETED> (5) in subsection (d)--</DELETED>
<DELETED> (A) by striking ``widow or widower'' each
place it appears and inserting ``widow or widower (or
surviving partner)'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (C) in paragraph (2)--</DELETED>
<DELETED> (i) by striking ``remarriage
before'' and inserting ``subsequent entry into
a marriage (or domestic partnership)
before'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) in subparagraph (A), by
striking ``remarriage;'' and inserting
``subsequent marriage (or domestic
partnership);''; and</DELETED>
<DELETED> (D) in paragraph (3)--</DELETED>
<DELETED> (i) by striking ``remarriage'' and
inserting ``subsequent entry into a marriage
(or domestic partnership)''; and</DELETED>
<DELETED> (ii) by inserting ``(or in a
domestic partnership for at least 30 years
with)'' after ``married for at least 30 years
to'';</DELETED>
<DELETED> (6) in subsection (e)--</DELETED>
<DELETED> (A) by inserting ``(or surviving
partner)'' after ``widow or widower'' each place it
appears;</DELETED>
<DELETED> (B) by inserting ``(or in a domestic
partnership with)'' after ``been married to'';
and</DELETED>
<DELETED> (C) by amending paragraph (2) to read as
follows:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (7) in subsection (g), by striking ``widow or
widower'' and inserting ``widow, widower (or surviving
partner)'' each place it appears; and</DELETED>
<DELETED> (8) in subsection (h)--</DELETED>
<DELETED> (A) by striking ``widow or widower'' each
place it appears and inserting ``widow or widower (or
surviving partner)''; and</DELETED>
<DELETED> (B) by inserting ``(or former domestic
partner)'' after ``former spouse'' each place it
appears.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``8442. Rights of a widow or widower (or surviving
partner).''.
<DELETED>SEC. 333. RIGHTS OF A CHILD.</DELETED>
<DELETED> Section 8443(b) is amended by striking subparagraph (E)
and the matter following that subparagraph and inserting the
following:</DELETED>
<DELETED> ``(E) dies or marries (or enters into a
domestic partnership);</DELETED>
<DELETED>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.''.</DELETED>
<DELETED>SEC. 334. RIGHTS OF A FORMER SPOUSE OR FORMER DOMESTIC
PARTNER.</DELETED>
<DELETED> (a) In General.--Section 8445 is amended--</DELETED>
<DELETED> (1) in the section heading, by inserting ``(or
former domestic partner)'' after ``former spouse'';</DELETED>
<DELETED> (2) in subsection (a), by inserting ``(or former
domestic partner)'' after ``former spouse'';</DELETED>
<DELETED> (3) in subsection (b)--</DELETED>
<DELETED> (A) by inserting ``(or former domestic
partner)'' after ``former spouse'' each place it
appears; and</DELETED>
<DELETED> (B) by inserting ``(or surviving
partner)'' after ``widow or widower'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (5) in subsection (e), by inserting ``(or former
domestic partner)'' after ``former spouse'' each place it
appears; and</DELETED>
<DELETED> (6) by amending subsection (h) to read as
follows:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``8445. Rights of a former spouse (or former domestic
partner).''.
<DELETED>Subtitle E--General Administrative Provisions</DELETED>
<DELETED>SEC. 341. AUTHORITY OF THE OFFICE OF PERSONNEL
MANAGEMENT.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 342. COST-OF-LIVING ADJUSTMENTS.</DELETED>
<DELETED> Section 8462(c) is amended--</DELETED>
<DELETED> (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,'';</DELETED>
<DELETED> (2) in paragraph (4) (in the matter before
subparagraph (A)), by inserting ``(or surviving partner)''
after ``widow or widower''; and</DELETED>
<DELETED> (3) in paragraph (4)(B)(i), by inserting ``(or
surviving partner's)'' after ``widow's or
widower's''.</DELETED>
<DELETED>Subtitle F--Federal Retirement Thrift Investment Management
System</DELETED>
<DELETED>SEC. 351. FIDUCIARY RESPONSIBILITIES; LIABILITY AND
PENALTIES.</DELETED>
<DELETED> Section 8477(a)(4)(F) is amended to read as
follows:</DELETED>
<DELETED> ``(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);''.</DELETED>
<DELETED>TITLE IV--INSURANCE BENEFITS</DELETED>
<DELETED>SEC. 401. LIFE INSURANCE.</DELETED>
<DELETED> (a) In General.--Chapter 87 is amended--</DELETED>
<DELETED> (1) in section 8701(d)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (A), by
inserting ``(or domestic partner)'' after
``spouse''; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(3) For the purpose of this subsection,
`domestic partner' has the meaning given under section
2501.'';</DELETED>
<DELETED> (2) in section 8705(a), by inserting ``(or
surviving domestic partner)'' after ``widow or widower'';
and</DELETED>
<DELETED> (3) in section 8714c(b)(1)(A), by striking
``spouse;'' and inserting ``spouse (or domestic
partner);''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 402. HEALTH INSURANCE.</DELETED>
<DELETED> (a) Definitions.--Section 8901 is amended--</DELETED>
<DELETED> (1) in paragraph (5)--</DELETED>
<DELETED> (A) in the matter before subparagraph
(A)--</DELETED>
<DELETED> (i) by inserting ``(or domestic
partner)'' after ``spouse''; and</DELETED>
<DELETED> (ii) by striking ``an unmarried
dependent child'' and inserting ``a dependent
child who is unmarried (and not in a domestic
partnership) and is'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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)'';</DELETED>
<DELETED> (2) in paragraph (8)(B), by striking ``or former
spouses,'' and inserting ``former spouses (or former domestic
partners),'';</DELETED>
<DELETED> (3) in paragraph (10)--</DELETED>
<DELETED> (A) in subparagraph (A), by inserting
``(or entered into a domestic partnership)'' after
``remarried''; and</DELETED>
<DELETED> (B) by striking ``and'' at the
end;</DELETED>
<DELETED> (4) by redesignating paragraph (11) as paragraph
(12), and by inserting after paragraph (10) the
following:</DELETED>
<DELETED> ``(11) `former domestic partner' means a former
domestic partner of an employee, former employee, or
annuitant--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(ii) for whom an election has been made
under section 8339(j)(3) or 8417(b) (or similar
provision of law); or</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED>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).'';</DELETED>
<DELETED> (5) by striking the period at the end of paragraph
(12) (as redesignated) and inserting ``; and''; and</DELETED>
<DELETED> (6) by adding at the end the following:</DELETED>
<DELETED> ``(13) `domestic partner' and `domestic
partnership' have the meanings given under section
2501.''.</DELETED>
<DELETED> (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),''.</DELETED>
<DELETED> (c) Debarment and Other Sanctions.--Section 8902a(a)(1)(B)
is amended by inserting ``(or former domestic partner)'' after ``or
former spouse''.</DELETED>
<DELETED> (d) Health Benefits Plans.--Section 8903(1) is amended--
</DELETED>
<DELETED> (1) by striking ``former spouses,'' and inserting
``former spouses (or former domestic partners),'';
and</DELETED>
<DELETED> (2) by striking ``former spouse,'' and inserting
``former spouse (or former domestic partner),''.</DELETED>
<DELETED> (e) Election of Coverage.--Section 8905 is amended--
</DELETED>
<DELETED> (1) in subsection (c), by adding at the end the
following:</DELETED>
<DELETED> ``(3) The Office shall prescribe regulations to ensure
that, in the administration of this subsection, parity of treatment is
afforded--</DELETED>
<DELETED> ``(A) to former spouses and former domestic
partners; and</DELETED>
<DELETED> ``(B) to the children of a marriage that has been
dissolved and the children of a domestic partnership that has
been terminated.'';</DELETED>
<DELETED> (2) in subsection (e)--</DELETED>
<DELETED> (A) by inserting ``(or domestic partner)''
after ``has a spouse''; and</DELETED>
<DELETED> (B) by striking ``either spouse,'' and
inserting ``either spouse (or either domestic partner,
as the case may be),''; and</DELETED>
<DELETED> (3) in subsections (f) and (g), by striking
``former spouse,'' each place it appears and inserting ``former
spouse (or former domestic partner),''.</DELETED>
<DELETED> (f) Continued Coverage.--Section 8905a is amended by
adding at the end the following:</DELETED>
<DELETED> ``(g) The Office shall prescribe regulations to ensure
that, in the administration of this section, parity of treatment is
afforded--</DELETED>
<DELETED> ``(1) to former spouses (and former domestic
partners); and</DELETED>
<DELETED> ``(2) to the children of a marriage that has been
dissolved (and the children of a domestic partnership that has
been terminated).''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (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),''.</DELETED>
<DELETED> (i) Regulations.--Section 8913(c) is amended--</DELETED>
<DELETED> (1) by inserting ``(and former domestic
partners)'' after ``and former spouses''; and</DELETED>
<DELETED> (2) by inserting ``(or former domestic partner)''
after ``or former spouse''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 403. ENHANCED DENTAL BENEFITS.</DELETED>
<DELETED> (a) In General.--Chapter 89A is amended--</DELETED>
<DELETED> (1) in section 8956(a)--</DELETED>
<DELETED> (A) by inserting ``or domestic partner''
after ``a spouse''; and</DELETED>
<DELETED> (B) by striking ``either spouse,'' and
inserting ``either spouse (or either domestic partner,
as the case may be),''; and</DELETED>
<DELETED> (2) in section 8957, by striking ``surviving
spouse,'' and inserting ``surviving spouse (or surviving
domestic partner),''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 404. ENHANCED VISION BENEFITS.</DELETED>
<DELETED> (a) In General.--Chapter 89B is amended--</DELETED>
<DELETED> (1) in section 8986(a)--</DELETED>
<DELETED> (A) by inserting ``(or domestic partner)''
after ``a spouse''; and</DELETED>
<DELETED> (B) by striking ``either spouse,'' and
inserting ``either spouse (or either domestic partner,
as the case may be),''; and</DELETED>
<DELETED> (2) in section 8987, by striking ``surviving
spouse,'' and inserting ``surviving spouse (or surviving
domestic partner),''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 405. LONG-TERM CARE INSURANCE.</DELETED>
<DELETED> (a) In General.--Chapter 90 is amended--</DELETED>
<DELETED> (1) in section 9001(5), by redesignating
subparagraph (D) as subparagraph (E) and by inserting after
subparagraph (C) the following:</DELETED>
<DELETED> ``(D)(i) a domestic partner (as that term
is defined in section 2501) of an individual described
in paragraph (1), (2), (3), or (4);</DELETED>
<DELETED> ``(ii) a child of a domestic partner
referred to in clause (i), if such child is at least 18
years of age; and</DELETED>
<DELETED> ``(iii) a parent of a domestic partner of
an individual referred to in paragraph (1) or (3).'';
and</DELETED>
<DELETED> (2) in section 9002(e)(2)--</DELETED>
<DELETED> (A) in the heading, by striking ``Spousal
parity'' and inserting the following: ``Parity for
spouse (or domestic partner)''; and</DELETED>
<DELETED> (B) by inserting ``(or domestic partner)''
after ``spouse''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE V--TRAVEL, TRANSPORTATION, AND SUBSISTENCE</DELETED>
<DELETED>SEC. 501. REIMBURSEMENT FOR TAXES INCURRED ON MONEY RECEIVED
FOR TRAVEL EXPENSES.</DELETED>
<DELETED> (a) In General.--Section 5706c is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 502. DEFINITION.</DELETED>
<DELETED> Section 5721 is amended--</DELETED>
<DELETED> (1) in paragraph (6), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (7), by striking the period and
inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(8) `domestic partner' has the meaning given
under section 2501.''.</DELETED>
<DELETED>SEC. 503. RELOCATION EXPENSES OF EMPLOYEES TRANSFERRED OR
REEMPLOYED.</DELETED>
<DELETED> (a) In General.--Section 5724a(b)(1)(A) is amended by
striking ``employee's spouse'' and inserting ``employee's spouse (or
domestic partner)''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 504. TAXES ON REIMBURSEMENTS FOR TRAVEL, TRANSPORTATION,
AND RELOCATION EXPENSES OF EMPLOYEES
TRANSFERRED.</DELETED>
<DELETED> (a) In General.--Section 5724b is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 505. RELOCATION EXPENSES OF AN EMPLOYEE WHO IS PERFORMING
AN EXTENDED ASSIGNMENT.</DELETED>
<DELETED> (a) In General.--Section 5737(a)(4) is amended by
inserting ``(or domestic partner)'' after ``employee and
spouse''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 506. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO
REPATRIATION OF EMPLOYEES HELD CAPTIVE.</DELETED>
<DELETED> 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).''.</DELETED>
<DELETED>SEC. 507. REGULATIONS TO INCLUDE DOMESTIC PARTNERS.</DELETED>
<DELETED> (a) In General.--Chapter 57 is amended by adding after
section 5761 the following:</DELETED>
<DELETED>``Sec. 5762. Regulations to include domestic
partners</DELETED>
<DELETED> ``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'.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``5762. Regulations to include domestic partners.''.
<DELETED>TITLE VI--COMPENSATION FOR WORK INJURIES</DELETED>
<DELETED>SEC. 601. DEFINITIONS.</DELETED>
<DELETED> Section 8101 is amended--</DELETED>
<DELETED> (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);'';</DELETED>
<DELETED> (2) in paragraph (9)--</DELETED>
<DELETED> (A) by inserting ``(or children of the
employee's domestic partner not adopted by or otherwise
the children of the employee)'' after ``stepchildren'';
and</DELETED>
<DELETED> (B) by striking ``married children'' and
inserting ``any child who is married (or in a domestic
partnership)'';</DELETED>
<DELETED> (3) in paragraph (18), by striking ``and'' at the
end;</DELETED>
<DELETED> (4) in paragraph (19), by striking ``and'' at the
end;</DELETED>
<DELETED> (5) in paragraph (20), by striking the period and
inserting a semicolon; and</DELETED>
<DELETED> (6) by adding at the end the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) who are of the same sex;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(iii) who share responsibility for a
significant measure of each other's welfare and
financial obligations; and</DELETED>
<DELETED> ``(iv) neither of whom is married to or in
a domestic partnership with anyone except each
other;</DELETED>
<DELETED> ``(D) who are at least 18 years of age and
mentally competent to consent to a contract;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(22) `surviving partner' means the domestic
partner in a domestic partnership with the decedent at the time
of his or her death.''.</DELETED>
<DELETED>SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION
WITH EMPLOYEE'S SERVICE WITH AN ARMED FORCE.</DELETED>
<DELETED> Section 8102a(d) is amended--</DELETED>
<DELETED> (1) in paragraph (1)(A), by striking ``surviving
spouse.'' and inserting ``surviving spouse (or surviving
partner).''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 603. BENEFICIARIES OF AWARDS UNPAID AT DEATH; ORDER OF
PRECEDENCE.</DELETED>
<DELETED> Section 8109(a)(D) is amended--</DELETED>
<DELETED> (1) in clause (i), by striking ``the widow or
widower.'' and inserting ``the widow or widower (or the
surviving partner).'';</DELETED>
<DELETED> (2) in clause (ii)--</DELETED>
<DELETED> (A) by inserting ``(or a surviving
partner)'' after ``a widow or widower''; and</DELETED>
<DELETED> (B) by inserting ``(or the surviving
partner)'' after ``the widow or widower'';
and</DELETED>
<DELETED> (3) in clause (iii), by striking ``no widow or
widower,'' and inserting ``no widow or widower (and no
surviving partner),''.</DELETED>
<DELETED>SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS.</DELETED>
<DELETED> Section 8110(a) is amended--</DELETED>
<DELETED> (1) in paragraph (3)--</DELETED>
<DELETED> (A) by striking ``an unmarried child'' and
inserting ``a child who is unmarried (and not in a
domestic partnership)''; and</DELETED>
<DELETED> (B) by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (4), by striking the period and
inserting ``; and'';</DELETED>
<DELETED> (3) by inserting after paragraph (4) the
following:</DELETED>
<DELETED> ``(5) a domestic partner, if--</DELETED>
<DELETED> ``(A) he or she is a member of the same
household as the employee;</DELETED>
<DELETED> ``(B) he or she is receiving regular
contributions from the employee for his or her support;
or</DELETED>
<DELETED> ``(C) the employee has been ordered by a
court to contribute to his or her support.'';
and</DELETED>
<DELETED> (4) in the last sentence, by striking ``he
marries.'' and inserting ``he marries (or enters into a
domestic partnership).''.</DELETED>
<DELETED>SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE
COMPENSATION.</DELETED>
<DELETED> Section 8116(c) is amended by striking ``spouse,'' and
inserting ``spouse (or domestic partner),''.</DELETED>
<DELETED>SEC. 606. COMPENSATION IN CASE OF DEATH.</DELETED>
<DELETED> Section 8133 is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraphs (1) and (2), by striking
``the widow or widower,'' and inserting ``the widow or
widower (or the surviving partner),''; and</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``(or
the surviving partner)'' after ``for the widow or
widower'';</DELETED>
<DELETED> (C) in paragraph (3), by striking ``no
widow or widower,'' and inserting ``no widow or widower
(and no surviving partner),''; and</DELETED>
<DELETED> (D) in paragraphs (4) and (5), by striking
``widower,'' and inserting ``widower (or surviving
partner),'' each place it appears; and</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by amending paragraph (1) to read as
follows:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (B) in paragraphs (2) and (3), by striking
``marries,'' each place that term appears and inserting
``marries (or enters into a domestic partnership),'';
and</DELETED>
<DELETED> (C) in the matter following paragraph
(3)--</DELETED>
<DELETED> (i) in the first sentence, by
striking ``marries.'' and inserting ``marries
(or enters into a domestic partnership).'';
and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 607. LUMP-SUM PAYMENT.</DELETED>
<DELETED> Section 8135 is amended--</DELETED>
<DELETED> (1) in subsection (a), by inserting ``(or
surviving partner)'' after ``widow or widower''; and</DELETED>
<DELETED> (2) by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 608. EMPLOYEES OF NONAPPROPRIATED FUND
INSTRUMENTALITIES.</DELETED>
<DELETED> (a) In General.--Section 8171 is amended by adding at the
end the following:</DELETED>
<DELETED> ``(e)(1) For the purpose of this section--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) who are of the same sex;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(III) who share responsibility for a
significant measure of each other's welfare and
financial obligations; and</DELETED>
<DELETED> ``(IV) neither of whom is married to or in
a domestic partnership with anyone except each
other;</DELETED>
<DELETED> ``(iv) who are at least 18 years of age
and mentally competent to consent to a contract;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) the term `surviving partner' means the
decedent's domestic partner at the time of his or her
death.</DELETED>
<DELETED> ``(2) In the application of the Longshore and Harbor
Workers' Compensation Act under this subchapter--</DELETED>
<DELETED> ``(A) section 2(14) of that Act shall apply as
though--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) `(or children in domestic
partnerships)' were inserted after `married children'
and `(or brothers or sisters in domestic partnerships)'
were inserted after `married sisters';</DELETED>
<DELETED> ``(B) in section 8(d)(1) of that Act--</DELETED>
<DELETED> ``(i) subparagraphs (A), (C), and (D)
shall apply as though `(or surviving partner)' were
inserted after `widow or widower' each place it
appears; and</DELETED>
<DELETED> ``(ii) subparagraph (D) shall apply as
though `wife, husband,' were struck and `wife or
husband (or domestic partner)' were inserted;
and</DELETED>
<DELETED> ``(C) in section 9 of that Act--</DELETED>
<DELETED> ``(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</DELETED>\<DELETED>2/3</DELETED>\ <DELETED>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)';</DELETED>
<DELETED> ``(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),';</DELETED>
<DELETED> ``(iii) subsection (d) shall apply as
though--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) the second sentence reads
as follows: `But in no case shall the aggregate
amount payable under this subsection exceed the
difference between 66</DELETED>\<DELETED>2/
3</DELETED>\ <DELETED>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.';</DELETED>
<DELETED> ``(iv) subsection (g) shall apply as
though the term `(or surviving domestic partner)' were
inserted after `surviving wife' each place it appears;
and</DELETED>
<DELETED> ``(v) section 31(b)(2)(C) shall apply as
though the term `(or domestic partner)' were inserted
after `spouse'.''.</DELETED>
<DELETED> (b) Exclusive Liability.--Section 8173 is amended by
striking ``spouse,'' and inserting ``spouse (or domestic
partner),''.</DELETED>
<DELETED>SEC. 609. EFFECTIVE DATE.</DELETED>
<DELETED> (a) In General.--Subject to succeeding provisions of this
section, this title and the amendments made by this title--</DELETED>
<DELETED> (1) shall take effect on the date of enactment of
this Act; and</DELETED>
<DELETED> (2) shall apply with respect to any injury or
death occurring before, on, or after such date of
enactment.</DELETED>
<DELETED> (b) Timely Claim Required; Limitation on Payments.--No
compensation shall be payable, by virtue of the enactment of this
title--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) with respect to any period commencing before
the date of enactment of this Act.</DELETED>
<DELETED> (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)--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) the timeliness of any such claim, if not
precluded by paragraph (1), shall be determined--</DELETED>
<DELETED> (A) by applying the provisions of such
section 8122 or 8193 (as applicable); and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE VII--EMPLOYEE LEAVE; DEATH OR CAPTIVITY COMPENSATION;
OTHER EMPLOYEE BENEFITS</DELETED>
<DELETED>SEC. 701. VOLUNTARY TRANSFERS OF LEAVE; VOLUNTARY LEAVE BANK
PROGRAM.</DELETED>
<DELETED> (a) Voluntary Transfers of Leave.--Section 6333 is amended
by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Voluntary Leave Bank Program.--Section 6362 is
amended--</DELETED>
<DELETED> (1) by inserting ``(a)'' before
``Notwithstanding''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 702. FAMILY AND MEDICAL LEAVE.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Definition.--Section 6381 is amended--
</DELETED>
<DELETED> (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),'';</DELETED>
<DELETED> (B) in paragraph (11), by striking ``and''
at the end;</DELETED>
<DELETED> (C) in paragraph (12), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (D) by adding after paragraph (12) the
following:</DELETED>
<DELETED> ``(13) the term `domestic partner' has the meaning
given under section 2501.''.</DELETED>
<DELETED> (2) Leave requirement.--Section 6382 is amended by
striking ``spouse,'' each place that term appears and inserting
``spouse (or domestic partner),''.</DELETED>
<DELETED> (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),''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(f) Coverage of Employees With Domestic Partners.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) Presidential and Executive Office Accountability.--
Section 412 of title 3, United States Code, is amended by adding at the
end the following:</DELETED>
<DELETED> ``(e) Coverage of Employees With Domestic Partners.--
</DELETED>
<DELETED> ``(1) Definition of domestic partner.--In this
subsection, the term `domestic partner' has the meaning given
under section 2501 of title 5.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 703. SETTLEMENT OF ACCOUNTS.</DELETED>
<DELETED> Section 5582(b) is amended by inserting ``(or surviving
domestic partner (as defined under section 2501))'' after ``widow or
widower''.</DELETED>
<DELETED>SEC. 704. PAYMENTS TO MISSING EMPLOYEES.</DELETED>
<DELETED> (a) Definitions.--Section 5561 is amended--</DELETED>
<DELETED> (1) in paragraph (3)--</DELETED>
<DELETED> (A) in subparagraph (A), by striking
``wife'' and inserting ``spouse (or domestic
partner)''; and</DELETED>
<DELETED> (B) by striking subparagraph (B) and
inserting--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) unmarried (and not in a
domestic partnership); and</DELETED>
<DELETED> ``(ii) under 21 years of
age;'';</DELETED>
<DELETED> (2) in paragraph (5)(E), by striking ``and'' at
the end;</DELETED>
<DELETED> (3) in paragraph (6)(F), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(7) `domestic partner' and `domestic
partnership' have the meanings given under section
2501.''.</DELETED>
<DELETED> (b) Benefits for Captives.--Section 5569 is amended by
inserting ``(or domestic partner)'' after ``spouse'' each place it
appears.</DELETED>
<DELETED>SEC. 705. COMPENSATION FOR DISABILITY OR DEATH.</DELETED>
<DELETED> 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).''.</DELETED>
<DELETED>SEC. 706. ANNUITY OF THE COMPTROLLER GENERAL.</DELETED>
<DELETED> (a) Definitions.--Section 771 of title 31, United States
Code, is amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``subchapter--'' and inserting
``subchapter:'';</DELETED>
<DELETED> (2) in paragraph (1)--</DELETED>
<DELETED> (A) by inserting ``The term'' after
``(1)''; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) by striking paragraphs (2) and (3) and
inserting the following:</DELETED>
<DELETED> ``(2) The terms `domestic partner' and `domestic
partnership' have the meanings given under section 2501 of
title 5.</DELETED>
<DELETED> ``(3) The term `surviving spouse' means a
surviving spouse of an individual who was a Comptroller General
or retired Comptroller General and the spouse--</DELETED>
<DELETED> ``(A) was married to the individual for at
least 1 year immediately before the individual died;
or</DELETED>
<DELETED> ``(B) has not remarried (or entered into a
domestic partnership) before age 55 and is the parent
of issue by the marriage.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) was in a domestic partnership for at
least 1 year immediately before the individual died;
or</DELETED>
<DELETED> ``(B)(i) has not entered into a subsequent
domestic partnership or married before age 55;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Service as a Comptroller General equals the
number of years and complete months an individual is
Comptroller General.''.</DELETED>
<DELETED> (b) Election of Survivor Benefits.--Section 773 of title
31, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (b)(2)(B), by inserting ``(or
domestic partner's)'' after ``surviving spouse's'';</DELETED>
<DELETED> (2) in subsection (c), by inserting ``(or
surviving domestic partner)'' after ``surviving spouse'';
and</DELETED>
<DELETED> (3) in subsection (d), by inserting ``(or domestic
partner)'' before the period.</DELETED>
<DELETED> (c) Survivor Annuities.--Section 774 of title 31, United
States Code, is amended--</DELETED>
<DELETED> (1) in subsection (c)--</DELETED>
<DELETED> (A) by striking paragraph (1) and
inserting the following:</DELETED>
<DELETED> ``(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;'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) in paragraph (3)(A), by inserting
``(or surviving domestic partner)'' after ``surviving
spouse'';</DELETED>
<DELETED> (2) in subsection (d), by inserting ``(or
surviving domestic partner)'' after ``surviving
spouse'';</DELETED>
<DELETED> (3) in subsection (e)--</DELETED>
<DELETED> (A) by inserting ``(or surviving domestic
partner's)'' after ``A surviving spouse's'';</DELETED>
<DELETED> (B) by inserting ``(or surviving domestic
partner's)'' after ``a surviving spouse's'';
and</DELETED>
<DELETED> (C) by inserting ``(or domestic partner)''
after ``unless the spouse''.</DELETED>
<DELETED> (d) Refunds.--Section 775 of title 31, United States Code,
is amended--</DELETED>
<DELETED> (1) in subsection (d)(2), by inserting ``(or
surviving domestic partner)'' after ``surviving spouse'';
and</DELETED>
<DELETED> (2) in subsection (e), by inserting ``(or
surviving domestic partner)'' after ``surviving
spouse''.</DELETED>
<DELETED> (e) Payment of Survivor Benefits.--Section 776(b) of title
31, United States Code, is amended--</DELETED>
<DELETED> (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)'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) in paragraph (3), by inserting ``(or surviving
domestic partner)'' after ``a surviving spouse''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>TITLE VIII--ETHICS IN GOVERNMENT, CONFLICTS OF INTEREST,
EMPLOYMENT OF RELATIVES, GIFTS, AND EMPLOYEE CONDUCT</DELETED>
<DELETED>SEC. 801. ETHICS IN GOVERNMENT ACT OF 1978.</DELETED>
<DELETED> (a) Contents of Reports.--Section 102 of the Ethics in
Government Act of 1978 (5 U.S.C. App.) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (2)(A), by inserting
``(or the domestic partner or a parent, child, or
sibling of the domestic partner)'' after
``relative'';</DELETED>
<DELETED> (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),'';</DELETED>
<DELETED> (C) in paragraph (4)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) in subparagraph (A), by
inserting ``(or domestic partner)'' after
``spouse''; and</DELETED>
<DELETED> (D) in paragraph (5), by inserting ``(or
domestic partner)'' after ``spouse'' each place that
term appears;</DELETED>
<DELETED> (2) in subsection (e)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (ii) in subparagraph (E), by
inserting ``(or domestic partner's)'' after
``spouse's'';</DELETED>
<DELETED> (iii) in subparagraph (F)--
</DELETED>
<DELETED> (I) by inserting ``(and
domestic partners)'' after ``spouses'';
and</DELETED>
<DELETED> (II) by inserting ``(or
domestic partner)'' after ``spouse'';
and</DELETED>
<DELETED> (iv) in the matter following
subparagraph (F), by inserting ``(or domestic
partner)'' after ``spouse''; and</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``(or
the termination of the reporting individual's domestic
partnership)'' after ``his spouse''; and</DELETED>
<DELETED> (3) in subsection (f), by inserting ``(or domestic
partner)'' after ``spouse'' each place that term
appears.</DELETED>
<DELETED> (b) Definitions Relating to Financial Disclosure.--
</DELETED>
<DELETED> (1) In general.--Section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.) is amended--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (ii) in subparagraph (A), by
striking ``unmarried'' and inserting ``not
married (and not in a domestic partnership)'';
and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) by redesignating paragraphs (4)
through (19) as paragraphs (5) through (20),
respectively; and</DELETED>
<DELETED> (C) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) `domestic partner' and `domestic
partnership' have the meanings given under section 2501 of
title 5, United States Code.''.</DELETED>
<DELETED> (2) Technical and conforming amendments.--
</DELETED>
<DELETED> (A) Ethics in government act of 1978.--The
Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended--</DELETED>
<DELETED> (i) in section 101(f)--</DELETED>
<DELETED> (I) in paragraph (9), by
striking ``section 109(12)'' and
inserting ``section
109(13)'';</DELETED>
<DELETED> (II) in paragraph (10), by
striking ``section 109(13)'' and
inserting ``section
109(14)'';</DELETED>
<DELETED> (III) in paragraph (11),
by striking ``section 109(10)'' and
inserting ``section 109(11)'';
and</DELETED>
<DELETED> (IV) in paragraph (12), by
striking ``section 109(8)'' and
inserting ``section 109(9)'';
and</DELETED>
<DELETED> (ii) in section 105(b)(3)(A), by
striking ``section 109(8) or 109(10)'' and
inserting ``section 109(9) or (11)''.</DELETED>
<DELETED> (B) Other provisions.--</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in paragraph (4), by inserting ``(or the
domestic partner, or a parent, child, or sibling of the
domestic partner)'' after ``relative''.</DELETED>
<DELETED>SEC. 802. CONFLICTS OF INTEREST.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 803. EMPLOYMENT OF RELATIVES, RESTRICTIONS.</DELETED>
<DELETED> Section 3110 is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (2), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (3), by striking the
period and inserting ``; and''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(4) `domestic partner' has the meaning given
under section 2501.''; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 804. RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND
DECORATIONS.</DELETED>
<DELETED> Section 7342(a)(1) is amended--</DELETED>
<DELETED> (1) in paragraph (1)(G), by inserting ``(or
domestic partner)'' after ``spouse'' each place it
appears;</DELETED>
<DELETED> (2) in paragraph (5), by striking ``and'' at the
end;</DELETED>
<DELETED> (3) in paragraph (6), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(7) `domestic partner' has the same meaning
given under section 2501.''.</DELETED>
<DELETED>SEC. 805. REGULATION OF CONDUCT; GIFTS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Definition.--In this section, the term ``domestic
partner'' has the meaning given under section 2501 of title 5, United
States Code.</DELETED>
<DELETED>SEC. 806. ACCEPTANCE OF TRAVEL ASSISTANCE FROM NON-FEDERAL
SOURCES.</DELETED>
<DELETED> 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''.</DELETED>
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 2012''.
(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. 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 to which that definition applies.
``(3) Under regulations prescribed by the President, the
Secretary of Labor shall inform the Director of any individuals
determined under section 8101(21) or 8171(e)(1)(A) to be
domestic partners.
``(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 (36), by striking ``and'' at the end;
(2) in paragraph (37), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(38) `domestic partner' and `domestic partnership' have
the meanings given under section 2501; and
``(39) `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 or 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) Contract Requirements; Federal Court Jurisdiction.--
(1) Contracts for health benefits plans.--Section 8902 is
amended--
(A) in subsection (j), as amended by subsection (b)
of this section--
(i) by inserting ``(1)'' after ``(j)''; and
(ii) by adding at the end the following:
``(2) Each contract under this chapter may require the
carrier to obtain recovery of funds through reimbursement or
subrogation with respect to benefits provided to or for an
individual covered under this chapter.''; and
(B) in subsection (m)(1), by striking the sentence
after ``(1)'' and inserting ``The provisions of this
chapter and, by operation of this chapter, the terms of
any contract established under this chapter shall
supersede and preempt any State or local law, or any
regulation issued thereunder, insofar as those
provisions or terms relate to health insurance or any
plan. This paragraph does not apply with respect to
State tax or statutory reserves.''.
(2) Jurisdiction of courts.--Chapter 89 is amended by
striking section 8912 and inserting the following:
``Sec. 8912. Jurisdiction of courts
``The district courts of the United States shall have exclusive
jurisdiction of any civil action or claim founded on this chapter,
except for a civil action or claim against the United States within the
exclusive jurisdiction of the United States Court of Federal Claims
under section 1491 of title 28 or chapter 71 of title 41.''.
(k) Effective Date.--
(1) In general.--Except as provided in paragraph (2), 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 enactment of this Act.
(2) Federal court jurisdiction over the federal employees
health benefits program.--The amendments made by subsection (j)
shall--
(A) take effect on the date of enactment of this
Act; and
(B) apply with respect to any civil action or claim
pending or filed on or after the date of enactment of
this Act that relates to any injury or illness
occurring before, on, or after the date of 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(a) is amended--
(1) by striking ``(if filing jointly),'' and inserting
``(if filing jointly) (or by an employee and the employee's
domestic partner, if joint filing by them is allowed and if
they file jointly),''; and
(2) by striking ``employee and spouse, as the case may
be,'' and inserting ``employee and spouse (or domestic
partner), as the case may be''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after the end of the 6-
month period beginning on the date of the enactment of this Act.
SEC. 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).'';
(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''; and
(3) by striking paragraph (6) and inserting the following:
``(6) If a person covered by this section has a spouse (or
a domestic partner), but designates a person other than the
spouse (or domestic partner) to receive all or a portion of the
amount payable under this section, the head of the agency, or
other entity, in which that person is employed shall provide
notice of the designation to the spouse (or the domestic
partner).''.
SEC. 603. BENEFICIARIES OF AWARDS UNPAID AT DEATH; ORDER OF PRECEDENCE.
Section 8109(a)(3)(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, 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.''.
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. 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''.
Calendar No. 572
112th CONGRESS
2d Session
S. 1910
[Report No. 112-257]
_______________________________________________________________________
A BILL
To provide benefits to domestic partners of Federal employees.
_______________________________________________________________________
December 19, 2012
Reported with an amendment