US Codex
Bill
Notes

Title II — Civil Service Retirement System

S. 1529 · 113th Congress · Sep 19, 2013 · Lineage

II Civil Service Retirement System

Sec. 201 Definitions

Section 8331 is amended—
(1)
in paragraph (23), by striking subparagraph (B) and inserting the following:

“(B) if the former spouse—

“(i) was married to the individual for not less than 9 months; or

“(ii) was in a domestic partnership with the individual immediately before a marriage to such individual, and the combined duration of the domestic partnership and marriage was not less than 9 months;”

(2)
in paragraph (30), by striking “and” at the end;
(3)
in paragraph (31), by striking the period and inserting a semicolon; and
(4)
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—

“(i) was in a domestic partnership with the individual for not less than 9 months; or

“(ii) was married to the individual immediately before entering into a domestic partnership with such individual, and the combined duration of the marriage and domestic partnership was not less than 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,

“(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),

“(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; and
(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),”

(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.”

(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 striking paragraphs (1) and (2) and inserting the following:

“(1) widow means the surviving wife of an employee or Member who—

“(A) was married to such employee or Member for not less than 9 months immediately before the death of such employee or Member;

“(B) was married to such employee or Member immediately before the death of such employee or Member, was in a domestic partnership with such employee or Member immediately before the marriage to such employee or Member, and the combined duration of the domestic partnership and marriage was not less than 9 months; or

“(C) is the mother of issue by that marriage;

“(2) widower means the surviving husband of an employee or Member who—

“(A) was married to the employee or Member for not less than 9 months immediately before the death of the employee or Member;

“(B) was married to such employee or Member immediately before the death of such employee or Member, was in a domestic partnership with the employee or Member immediately before the marriage to such employee or Member, and the combined duration of the domestic partnership and marriage was not less than 9 months; or

“(C) is the father of issue in that marriage;”

(B)
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
(C)
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 not less than 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;”

(D)
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.

“(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,

“(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)(2), and (a)(3) that the surviving spouse (or surviving domestic partner) of an employee or Member have been married to (or in a domestic partnership with, or a combination thereof) such employee or Member for not less than 9 months immediately before the death of the employee or Member 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 not less than 9 months.”

(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—

“(A) the widow, widower, or former spouse—

“(i) was married to the individual on whose service the survivor annuity is based for not less than 30 years; or

“(ii) was in a domestic partnership with the individual on whose service the survivor annuity is based immediately before marriage to such individual, and the combined duration of the domestic partnership and marriage was not less than 30 years; or

“(B) the surviving partner or former domestic partner—

“(i) was in a domestic partnership with the individual on whose service the survivor annuity is based for not less than 30 years; or

“(ii) was married to the individual on whose service the survivor annuity is based immediately before entering into a domestic partnership with such individual, and the combined duration of the marriage and the domestic partnership was not less than 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”.