II 109th CONGRESS 2d Session S. 3955 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.

1.

Short title

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

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.

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.