Sec. 601. Definitions
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/bill/113/hr/3135/ih/section-601·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 8101 is amended— by striking paragraph
(6)and inserting the following: widow means the wife living with or dependent for support on the decedent at the time of death of the decedent, or living apart for reasonable cause or because of desertion by the decedent; ; in paragraph (8), by striking married brothers or married sisters; and inserting the following: brothers or sisters who are married (or in a domestic partnership); ; in paragraph (9), by inserting children (including adopted children) of a domestic partner, after adopted children, ; by striking paragraph
(11)and inserting the following: widower means the husband living with or dependent for support on the decedent at the time of death of the decedent, or living apart for reasonable cause or because of desertion by the decedent; ; in paragraph (19), by striking and at the end; in paragraph (20), by striking the period and inserting a semicolon; and by adding after paragraph
(20)the following: covered State means a State (within the meaning of section 2110(d)(4)), foreign country, or political subdivision of a foreign country in which a marriage between 2 individuals of the same sex is recognized under the law of such State, country, or political subdivision; domestic partner means an individual who is in a domestic partnership with another individual of the same sex, as determined by the Secretary of Labor for purposes of this subchapter pursuant to regulations issued by the Secretary, in consultation with the Director of the Office of Personnel Management, consistent with the requirements that— both individuals are at least 18 years of age and competent to contract; both individuals intend to remain in the domestic partnership indefinitely; such individuals— have a common residence; or do not have a common residence because of financial, employment-related, or other reasons; neither individual is married to or in a domestic partnership with anyone outside of the domestic partnership referred to in subparagraph (B); the 2 individuals share responsibility for a significant measure of each other’s common welfare and financial obligations; the 2 individuals are not related in a way that, if they were of the opposite sex, would prohibit legal marriage in the jurisdiction in which either of them resides; at least 1 of them is an employee or an individual otherwise eligible for coverage under this subchapter based on such individual’s employment or other service; on the date on which the employee is injured or dies, or, for purposes of section 8110, the date on which the augmented compensation is to be provided, neither individual has resided in a covered State for more than 6 months; and both individuals understand that willful falsification of information within the affidavit or failure to provide appropriate notification of the termination of the domestic partnership may lead to the recovery of the amounts obtained as a result of such falsification or failure (as the case may be), criminal or other penalties, and (in appropriate circumstances) disciplinary action; and surviving partner means the domestic partner living with or dependent for support on the decedent at the time of his or her death, or living apart for reasonable cause or because of his or her desertion. .