[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7706 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7706
To change the spousal notification and consent requirements for the
payment of lump-sum retirement benefits in cases of domestic violence,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2026
Mr. Neguse (for himself, Mrs. Bice, Ms. Moore of Wisconsin, Mrs.
Dingell, Ms. Norton, Ms. Tlaib, and Ms. Lee of Pennsylvania) introduced
the following bill; which was referred to the Committee on Oversight
and Government Reform
_______________________________________________________________________
A BILL
To change the spousal notification and consent requirements for the
payment of lump-sum retirement benefits in cases of domestic violence,
and for other purposes.
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 ``Federal Retirement Safety Act''.
SEC. 2. LUMP-SUM RETIREMENT BENEFIT NOTICE AND CONSENT REQUIREMENTS IN
CASE OF DOMESTIC VIOLENCE.
(a) Federal Employee Retirement System.--Section 8424(b) of title
5, United States Code, is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) Under the regulations, the Office shall
provide that paragraph (1)(A) may be waived with
respect to a spouse or former spouse to the extent
necessary to protect the safety of the employee or
Member, or any other person, if the employee or Member
establishes to the satisfaction of the Office that--
``(i) such spouse or former spouse engaged
in conduct constituting a domestic violence
crime (as defined in section 3561(b) of title
18) against the employee or Member; and
``(ii) providing notice in accordance with
such paragraph poses a risk to the safety of
the employee or Member or any other person.'';
and
(2) by adding at the end the following new paragraphs:
``(4)(A) The Office shall prescribe regulations that
provide--
``(i) that, notwithstanding paragraph (1)(B), the
lump-sum credit may be paid without the consent of a
spouse or former spouse to the extent permitted by the
applicable court order and necessary to protect the
safety of the employee or Member, or any other person,
if the employee or Member establishes to the
satisfaction of the Office the criteria described in
subparagraph (B); and
``(ii) procedures to obtain the consent of a spouse
or former spouse for the payment of the lump-sum credit
in a manner that protects the safety of the employee or
Member if the lump-sum credit may not be paid in
accordance with the applicable court order without
obtaining such consent and the employee or Member
establishes to the satisfaction of the Office the
criteria described in subparagraph (B).
``(B) The criteria described in this subparagraph are--
``(i) that the spouse or former spouse engaged in
conduct constituting a domestic violence crime (as
defined in section 3561(b) of title 18) against the
employee or Member; and
``(ii) obtaining consent in accordance with the
regulations under paragraph (1)(B) poses a risk to the
safety of the employee or Member or any other person.
``(5) For the purposes of paragraphs (2)(C) and (4)(A), an
employee or Member establishes to the satisfaction of the
Office the criteria described in paragraph (4)(B) with respect
to a spouse or former spouse for payment of the lump-sum credit
if such employee or Member self-certifies to the Office in
writing that such spouse or former spouse engaged in conduct
constituting a domestic violence crime (as defined in section
3561(b) of title 18) against the employee or Member during the
one-year period ending on the date on which such employee or
Member submits to the Office the application for such
payment.''.
(b) Civil Service Retirement System.--Section 8342(j) of title 5,
United States Code, is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) Under the regulations, the Office shall
provide that paragraph (1)(A) may be waived with
respect to a spouse or former spouse to the extent
necessary to protect the safety of the employee or
Member, or any other person, if the employee or Member
establishes to the satisfaction of the Office that--
``(i) such spouse or former spouse engaged
in conduct constituting a domestic violence
crime (as defined in section 3561(b) of title
18) against the employee or Member; and
``(ii) providing notice in accordance with
such paragraph poses a risk to the safety of
the employee or Member or any other person.'';
and
(2) by adding at the end the following new paragraphs:
``(4)(A) The Office shall prescribe regulations that
provide--
``(i) that, notwithstanding paragraph (1)(B), the
lump-sum credit may be paid without the consent of a
spouse or former spouse to the extent permitted by the
applicable court order and necessary to protect the
safety of the employee or Member, or any other person,
if the employee or Member establishes to the
satisfaction of the Office the criteria described in
subparagraph (B); and
``(ii) procedures to obtain the consent of a spouse
or former spouse for the payment of the lump-sum credit
in a manner that protects the safety of the employee or
Member if the lump-sum credit may not be paid in
accordance with the applicable court order without
obtaining such consent and the employee or Member
establishes to the satisfaction of the Office the
criteria described in subparagraph (B).
``(B) The criteria described in this subparagraph are--
``(i) that the spouse or former spouse engaged in
conduct constituting a domestic violence crime (as
defined in section 3561(b) of title 18) against the
employee or Member; and
``(ii) obtaining consent in accordance with the
regulations under paragraph (1)(B) poses a risk to the
safety of the employee or Member or any other person.
``(5) For the purposes of paragraphs (2)(C) and (4)(A), an
employee or Member establishes to the satisfaction of the
Office the criteria described in paragraph (4)(B) with respect
to a spouse or former spouse for payment of the lump-sum credit
if such employee or Member self-certifies to the Office in
writing that such spouse or former spouse engaged in conduct
constituting a domestic violence crime (as defined in section
3561(b) of title 18) against the employee or Member during the
one-year period ending on the date on which such employee or
Member submits to the Office the application for such
payment.''.
(c) Applicability.--
(1) In general.--The amendments made by this Act shall not
affect the requirements to provide notice to or obtain consent
from an individual under section 8342(j) or 8424(b) of title 5,
United States Code, with respect to a lump-sum credit (as such
term is defined under section 8331 or 8401 of such title) to
the extent that such notice or consent would have been required
if the payment of such lump-sum credit occurred prior to the
date of the enactment of this Act, except that, to the extent
that such amendments would, but for this subsection, affect
such a requirement with respect to an individual, the Director
of the Office of Personnel Management shall establish
procedures to provide such notice to or obtain consent from
such individual in a manner that ensures the safety of the
relevant employee or Member.
(2) Employee; lump-sum; member defined.--In this
subsection, the terms ``employee'', ``lump-sum'', and
``Member''--
(A) with respect to section 8342(j) of title 5,
United States Code, have the meanings given such terms,
respectively, in section 8331 of such title; and
(B) with respect to section 8424(b) of such title,
have the meanings given such terms, respectively, in
section 8401 of such title.
(d) Regulations.--Not later than one year after the date of the
enactment of this Act, the Director of the Office of Personnel
Management shall issue regulations implementing the amendments made by
this Act.
(e) Effective Date.--This Act and the amendments made by this Act
shall take effect on the date that is one year after the date of the
enactment of this Act.
<all>