Sec. 608. Employees of nonappropriated fund instrumentalities
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/bill/113/s/1529/is/section-608·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 8171 is amended by adding at the end the following: For the purpose of this section— the term covered state means a State, 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 that State, country, or political subdivision; the term domestic partner means an individual who is in a domestic partnership with another individual, as determined by the Secretary of Labor for purposes of this subchapter under regulations issued by the Secretary, in consultation with the Director of the Office of Personnel Management— who are of the same sex; not less than 1 of whom is an employee or an individual otherwise eligible for coverage under this subchapter (or any application or extension thereof) based on such individual’s employment or other service; who are in a committed domestic-partnership relationship with each other satisfying the conditions in subclauses (II), (III), and
(IV)and intend to remain so indefinitely; who have a common residence and intend to continue to do so (or would have a common residence, but are prevented from doing so because of such reasons as an assignment abroad or other employment-related factors, financial considerations, family responsibilities or other such reasons); who share responsibility for a significant measure of each other’s welfare and financial obligations; and neither of whom is married to or in a domestic partnership with anyone except each other; who are not less than 18 years of age and mentally competent to consent to a contract; who are not related to each other by blood in a way that would prohibit legal marriage between individuals otherwise eligible to marry in the jurisdiction (or, if applicable, in any jurisdiction) in which the individuals have a common residence; and on the date of the death or injury of the employee or individual otherwise eligible for coverage under this subchapter (or any application or extension thereof) or, for the purpose of applying section 31(b)(2)(C) of the Longshore and Harbor Workers' Compensation Act under this subchapter, the date of the representation, neither of whom has resided in a covered state for more than 6 months; the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States; and the term surviving partner means the decedent’s domestic partner at the time of his or her death. In the application of the Longshore and Harbor Workers’ Compensation Act under this subchapter— section 2(14) of that Act shall apply as though— (or child of the domestic partner of an employee or volunteer referred to in were inserted after ‘stepchild’; and section 8171(a) of title 5, United States Code) (or children in domestic partnerships) were inserted after married children and (or brothers or sisters in domestic partnerships) were inserted after married sisters ; in section 8(d)(1) of that Act— subparagraphs (A), (C), and
(D)shall apply as though (or surviving partner) were inserted after widow or widower each place it appears; and subparagraph
(D)shall apply as though wife, husband, were struck and wife or husband (or domestic partner) were inserted; and in section 9 of that Act— subsection
(b)shall apply as though the portion of the first sentence up to and including the sixth comma reads as follows: If there be a widow or widower (or surviving partner) and no child of the deceased, to such widow or widower (or surviving partner) 50 per centum of the average wages of the deceased, during widowhood, or dependent widowerhood (or during the life of the surviving partner, as the case may be), with 2 years’ compensation in 1 sum upon remarriage (or entry into a domestic partnership) of such widow or widower (or entry into another domestic partnership or marriage of such surviving partner); and if there be a surviving child or children of the deceased, the additional amount of 16 ; 2/3 per centum of such wages for each such child; in case of the death or remarriage (or entry into a domestic partnership) of such widow or widower (or entry into another domestic partnership or a marriage of such surviving partner) subsection
(c)shall apply as though the portion of the subsection up to and including the fourth comma reads as follows: ‘If there be 1 surviving child of the deceased, but no widow or widower (or surviving partner), then for the support of such child 50 per centum of the wages of the deceased; and if there be more than 1 surviving child of the deceased, but no widow or dependent husband (or surviving partner),’; subsection
(d)shall apply as though— the portion of the first sentence up through the word children reads as follows: ‘If there be no surviving wife or husband (or surviving domestic partner) or child, or if the amount payable to a surviving wife or husband (or surviving domestic partner) and to children’; and the second sentence reads as follows: ‘But in no case shall the aggregate amount payable under this subsection exceed the difference between 66 2/3 per centum of such wages and the amount payable as hereinbefore provided to widow or widower (or surviving partner) and for the support of surviving child or children.’; subsection
(g)shall apply as though the term (or surviving domestic partner) were inserted after surviving wife each place it appears; and section 31(b)(2)(C) shall apply as though the term (or domestic partner) were inserted after spouse . . Section 8173 is amended by striking spouse, and inserting spouse (or domestic partner), .