[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3955 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3955

     To provide benefits to domestic partners of Federal employees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2006

  Mr. Lieberman (for himself, Mr. Smith, Mr. Akaka, Ms. Cantwell, Mr. 
   Chafee, Mrs. Clinton, Mr. Dayton, Mr. Feingold, Mr. Jeffords, Mr. 
Kennedy, Mr. Kerry, Mr. Lautenberg, Mr. Leahy, Mr. Levin, Mrs. Murray, 
and Mr. Wyden) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
     To provide benefits to domestic partners of Federal employees.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Partnership Benefits and 
Obligations Act of 2006''.

SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.

    (a) In General.--An employee who has a domestic partner and the 
domestic partner of the employee shall be entitled to benefits 
available to and obligations imposed upon a married employee and the 
spouse of the employee.
    (b) Certification of Eligibility.--In order to obtain benefits and 
assume obligations under this Act, an employee shall file an affidavit 
of eligibility for benefits and obligations with the Office of 
Personnel Management identifying the domestic partner of the employee 
and certifying that the employee and the domestic partner of the 
employee--
            (1) are each other's sole domestic partner and intend to 
        remain so indefinitely;
            (2) have a common residence, and intend to continue the 
        arrangement;
            (3) are at least 18 years of age and mentally competent to 
        consent to contract;
            (4) share responsibility for a significant measure of each 
        other's common welfare and financial obligations;
            (5) are not married to or domestic partners with anyone 
        else;
            (6) understand that willful falsification of information 
        within the affidavit may lead to disciplinary action and the 
        recovery of the cost of benefits received related to such 
        falsification and may constitute a criminal violation; and
            (7) are same sex domestic partners, and not related in a 
        way that, if the 2 were of opposite sex, would prohibit legal 
        marriage in the State in which they reside.
    (c) Dissolution of Partnership.--
            (1) In general.--An employee or domestic partner of an 
        employee who obtains benefits under this Act shall file a 
        statement of dissolution of the domestic partnership with the 
        Office of Personnel Management not later than 30 days after the 
        death of the employee or the domestic partner or the date of 
        dissolution of the domestic partnership.
            (2) Death of employee.--In a case in which an employee 
        dies, the domestic partner of the employee at the time of death 
        shall receive under this Act such benefits as would be received 
        by the spouse of an employee.
            (3) Other dissolution of partnership.--
                    (A) In general.--In a case in which a domestic 
                partnership dissolves by a method other than death of 
                the employee or domestic partner of the employee, any 
                benefits received by the domestic partner as a result 
                of this Act shall terminate.
                    (B) Exception.--In a case in which a domestic 
                partnership dissolves by a method other than death of 
                the employee or domestic partner of the employee, any 
                health benefits received by the domestic partner as a 
                result of this Act shall continue for a period of 60 
                days after the date of the dissolution of the 
                partnership. The domestic partner shall pay for such 
                benefits in the same manner that a former spouse would 
                pay for such benefits under applicable provisions of 
                chapter 89 of title 5, United States Code.
    (d) Confidentiality.--Any information submitted to the Office of 
Personnel Management under subsection (b) shall be used solely for the 
purpose of certifying an individual's eligibility for benefits under 
subsection (a).
    (e) Definitions.--For purposes of this Act:
            (1) Domestic partner.--The term ``domestic partner'' means 
        an adult person living with, but not married to, another adult 
        person of the same sex in a committed, intimate relationship.
            (2) Benefits.--The term ``benefits'' means--
                    (A) civil service retirement, as provided in 
                chapter 83 of title 5, of the United States Code;
                    (B) Federal Employees' Retirement, as provided in 
                chapter 84 of title 5, United States Code;
                    (C) life insurance, as provided in chapter 87 of 
                title 5, United States Code;
                    (D) health insurance, as provided in chapter 89 of 
                title 5, United States Code;
                    (E) compensation for work injuries, as provided in 
                chapter 81 of title 5, United States Code;
                    (F) family and medical leave, as provided in 
                subchapter V of chapter 63 of title 5, United States 
                Code;
                    (G) long-term care insurance, as provided in 
                chapter 90 of title 5, United States Code;
                    (H) enhanced dental benefits, as provided in 
                chapter 89A of title 5, United States Code; and
                    (I) enhanced vision benefits, as provided in 
                chapter 89B of title 5, United States Code.
            (3) Employee.--
                    (A) With respect to civil service retirement, the 
                term ``employee'' shall have the meaning given such 
                term in section 8331(1) of title 5, United States Code.
                    (B) With respect to Federal employees' retirement, 
                the term ``employee'' shall have the meaning given such 
                term in section 8401(11) of title 5, United States 
                Code.
                    (C) With respect to life insurance, the term 
                ``employee'' shall have the meaning given such term in 
                section 8701(a) of title 5, United States Code.
                    (D) With respect to health insurance, the term 
                ``employee'' shall have the meaning given such term in 
                section 8901 of title 5, United States Code.
                    (E) With respect to compensation for work injuries, 
                the term ``employee'' shall have the meaning given such 
                term in section 8101(1) of title 5, United States Code.
                    (F) With respect to family and medical leave, the 
                term ``employee'' shall have the meaning given such 
                term in section 6381(1) of title 5, United States Code.
                    (G) With respect to long-term care insurance, the 
                term ``employee'' shall have the meaning given such 
                term in section 9001(1) of title 5, United States Code.
                    (H) With respect to enhanced dental benefits, the 
                term ``employee'' shall have the meaning given such 
                term in section 8951(1) of title 5, United States Code.
                    (I) With respect to enhanced vision benefits, the 
                term ``employee'' shall have the meaning given such 
                term in section 8981(1) of title 5 United States Code.
            (4) Obligations.--The term ``obligations'' means any duties 
        or responsibilities with respect to Federal employment that 
        would be incurred by a married employee or by the spouse of an 
        employee.

SEC. 3. EFFECTIVE DATE.

    This Act including the amendments made by this Act shall apply to 
any individual who is employed as an employee on or after the date of 
enactment of this Act.
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