Change in Definitions; Evacuation Pay and the Separate Maintenance Allowance at Johnston Island, 42903-42905 [2012-17540]
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Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Rules and Regulations
PART 315—CAREER AND CAREERCONDITIONAL EMPLOYMENT
1. The authority citation for part 315
continues to read as follows:
■
Authority: 5 U.S.C. 1302, 3301, and 3302;
E.O. 10577, 3 CFR, 1954–1958 Comp. p. 218,
unless otherwise noted; and E.O. 13162.
Secs. 315.601 and 315.609 also issued under
22 U.S.C. 3651 and 3652. Secs. 315.602 and
315.604 also issued under 5 U.S.C. 1104. Sec.
315.603 also issued under 5 U.S.C. 8151. Sec.
315.605 also issued under E.O. 12034, 3 CFR,
1978 Comp. p. 111. Sec. 315.606 also issued
under E.O. 11219, 3 CFR, 1964–1965 Comp.
p. 303. Sec. 315.607 also issued under 22
U.S.C. 2560. Sec. 315.608 also issued under
E.O. 12721, 3 CFR, 1990 Comp. p. 293. Sec.
315.610 also issued under 5 U.S.C. 3304(c).
Sec. 315.611 also issued under 5 U.S.C.
3304(f). Sec. 315.612 also issued under E.O.
13473. Sec. 315.708 also issued under E.O.
13318, 3 CFR, 2004 Comp. p. 265. Sec.
315.710 also issued under E.O. 12596, 3 CFR,
1987 Comp. p. 229. Subpart I also issued
under 5 U.S.C. 3321, E.O. 12107, 3 CFR, 1978
Comp. p. 264.
2. In § 315.608, paragraph (e)(1) is
revised and paragraphs (e)(6) and (7) are
added to read as follows:
(vii) Are not related in a way that, if
they were of opposite sex, would
prohibit legal marriage in the U.S.
jurisdiction in which the domestic
partnership was formed;
(viii) Are willing to certify, if required
by the agency, that they understand that
willful falsification of any
documentation required to establish that
an individual is in a domestic
partnership may lead to disciplinary
action and the recovery of the cost of
benefits received related to such
falsification, as well as constitute a
criminal violation under 18 U.S.C. 1001,
and that the method for securing such
certification, if required, shall be
determined by the agency; and
(ix) Are willing promptly to disclose,
if required by the agency, any
dissolution or material change in the
status of the domestic partnership.
*
*
*
*
*
[FR Doc. 2012–17536 Filed 7–19–12; 8:45 am]
BILLING CODE 6325–39–P
■
tkelley on DSK3SPTVN1PROD with RULES3
§ 315.608 Noncompetitive appointment of
certain former overseas employees.
(e) * * *
(1) Family member. An unmarried
child under age 23, a spouse, or a
domestic partner. An individual must
have been a family member at the time
he or she met the overseas service
requirement and other conditions but
does not need to be a family member at
the time of noncompetitive appointment
in the United States.
*
*
*
*
*
(6) Domestic partner. A person in a
domestic partnership with a sponsor of
the same sex.
(7) Domestic partnership. A
committed relationship between two
adults, of the same sex, in which the
partners:
(i) Are each other’s sole domestic
partner and intend to remain so
indefinitely;
(ii) Maintain a common residence,
and intend to continue to do so (or
would maintain a common residence
but for an assignment abroad or other
employment-related, financial, or
similar obstacle);
(iii) Are at least 18 years of age and
mentally competent to consent to
contract;
(iv) Share responsibility for a
significant measure of each other’s
financial obligations;
(v) Are not married or joined in a civil
union to anyone else;
(vi) Are not the domestic partner of
anyone else;
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19:04 Jul 19, 2012
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OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 550 and 591
RIN 3206–AM31
Change in Definitions; Evacuation Pay
and the Separate Maintenance
Allowance at Johnston Island
U.S. Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
The U.S. Office of Personnel
Management is revising its regulations
on evacuation pay and the separate
maintenance allowance for duty at
Johnston Island to ensure that same-sex
domestic partners of Federal employees
and the children of such domestic
partners have access to these benefits to
the same extent as spouses of Federal
employees and their children. These
changes fulfill the Administration
policy expressed in the President’s June
2, 2010, memorandum on the
‘‘Extension of Benefits to Same-Sex
Domestic Partners of Federal
Employees.’’
DATES: This rule is effective August 20,
2012.
FOR FURTHER INFORMATION CONTACT: Kurt
Springmann, by telephone at (202) 606–
2858 or by email at pay-leavepolicy@opm.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Office of Personnel Management (OPM)
is issuing final regulations on
evacuation pay at 5 CFR part 550,
subpart D, and the separate maintenance
SUMMARY:
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42903
allowance for duty at Johnston Island at
5 CFR part 591, subpart D. These
regulations ensure that same-sex
domestic partners of Federal employees
and the children of such domestic
partners have the same access to these
benefits as opposite-sex spouses of
Federal employees and their children.
Background
On June 17, 2009, President Obama
issued a memorandum regarding
Federal benefits and non-discrimination
that requested the Secretary of State and
the Director of OPM, in consultation
with the Department of Justice, to
extend previously identified statutorily
based benefits that those agencies
believed could be extended to qualified
same-sex domestic partners of Federal
employees, consistent with underlying
law. This memorandum also directed
the heads of executive departments and
agencies, in consultation with OPM, to
conduct a review of the benefits offered
by their respective departments and
agencies to determine whether they had
the authority to extend such benefits to
the same-sex domestic partners of
Federal employees. The memorandum
further requested that OPM, in
consultation with the Department of
Justice, make recommendations
regarding any additional measures that
could be taken to provide benefits to the
same-sex domestic partners of Federal
Government employees, consistent with
existing law.
On June 2, 2010, the President issued
another memorandum, entitled
‘‘Extension of Benefits to Same-Sex
Domestic Partners of Federal
Employees,’’ that published the results
of the review and identified the benefits
that could be extended to same-sex
domestic partners and their families.
These regulations respond to two
portions of the President’s
memorandum, which identified
additional benefits OPM had concluded
it could offer and requested OPM to (1)
‘‘clarify that under appropriate
circumstances, employees’ same-sex
domestic partners and their children
qualify as dependents for purposes of
evacuation payments made under 5
U.S.C. 5522–5523’’; and (2) ‘‘clarify that
employees’ same-sex domestic partners
qualify as dependents for purposes of
calculating the extra allowance payable
under 5 U.S.C. 5942a to assist
employees stationed on Johnston Island,
subject to any limitations applicable to
spouses.’’
Also on June 2, 2010, OPM issued a
Memorandum for the Heads of
Executive Departments and Agencies,
entitled ‘‘Implementation of the
President’s Memorandum Regarding
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20JYR3
tkelley on DSK3SPTVN1PROD with RULES3
42904
Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Rules and Regulations
Extension of Benefits to Same-Sex
Domestic Partners of Federal
Employees’’ to help fulfill the
Administration’s policy. The
memorandum provides definitions to
help ensure its consistent application
across the Federal Government. To
ensure consistent application of the
definition of domestic partnership
found in this memorandum, OPM wants
to clarify paragraph (4) of the definition
that states that domestic partners ‘‘share
responsibility for a significant measure
of each other’s financial obligations.’’
This provision provides only for the
financial interdependence between
partners and should not be interpreted
to exclude partnerships in which one
partner stays at home while the other is
the primary financial breadwinner.
We are also clarifying paragraph (7) of
the domestic partner definition that
states that the domestic partners ‘‘Are
not related in a way that, if they were
of opposite sex, would prohibit legal
marriage in the U.S. jurisdiction in
which the domestic partnership was
formed.’’ The intent of this language is
to prohibit recognition of domestic
partnerships between individuals who
are related in a manner that would
preclude them from marrying were they
of opposite sexes. We are maintaining
this criterion, but clarifying that the
determination is to be made at the time
the domestic partnership is formed. It
should not be re-examined if the couple
relocates to a different jurisdiction. This
approach is consistent with treatment of
opposite-sex marriages.
For the reasons outlined in the
President’s June 17, 2009, and June 2,
2010, memoranda, these regulations
extend domestic partnership benefits
only to same-sex couples, who are
currently unable to obtain spousal
benefits by entering a Federallyrecognized marriage.
Executive Order 13563, Improving
Regulation and Regulatory Review, sets
out a series of requirements that must be
followed, to the extent permitted by
law, in issuing regulations. That
Executive Order states that ‘‘[w]here
appropriate and permitted by law, each
agency may consider (and discuss
qualitatively) values that are difficult or
impossible to quantify, including
equity, human dignity, fairness, and
distributive impacts.’’ Such values are
relevant here. In particular, this
regulation would protect human
dignity, and promote equity and fairness
by ensuring equal access to these
benefits for LGBT Federal employees.
OPM published proposed regulations
for public comment on July 28, 2011, at
76 FR 45205. The 60-day comment
period for the proposed regulations
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19:04 Jul 19, 2012
Jkt 226001
ended on September 26, 2011. We
received no comments in response the
proposed regulations. As a result, we are
adopting the proposed regulations as
final.
Executive Order 13563 and Executive
Order 12866
The Office of Management and Budget
has reviewed this rule in accordance
with E.O. 13563 and 12866.
Regulatory Flexibility Act
I certify that these regulations will not
have a significant economic impact on
a substantial number of small entities
because they will apply only to Federal
agencies and employees.
List of Subjects
5 CFR Part 550
Administrative practice and
procedure, Claims, Government
employees, Wages.
5 CFR Part 591
Government employees, Travel and
transportation expenses, Wages.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is amending 5 CFR
parts 550 and 591 as follows:
PART 550—PAY ADMINISTRATION
(GENERAL)
Subpart D—Payments and Flexibilities
During an Evacuation
1. The authority citation for subpart D
of part 550 continues to read as follows:
■
Authority: 5 U.S.C. 5527; E.O. 10982, 3
CFR 1959–1963, p. 502.
2. In § 550.402, the definition of
‘‘dependent’’ is revised and the
definitions of ‘‘domestic partner’’,
‘‘domestic partnership’’, and ‘‘family
member’’ are added to read as follows:
■
§ 550.402
Definitions.
*
*
*
*
*
Dependent means a family member of
the employee residing with the
employee and dependent on the
employee for support.
*
*
*
*
*
Domestic partner means a person in a
domestic partnership with an employee
or annuitant of the same sex.
Domestic partnership means a
committed relationship between two
adults of the same sex in which the
partners—
(1) Are each other’s sole domestic
partner and intend to remain so
indefinitely;
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Fmt 4701
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(2) Maintain a common residence, and
intend to continue to do so (or would
maintain a common residence but for an
assignment abroad or other
employment-related, financial, or
similar obstacle);
(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
financial obligations;
(5) Are not married or joined in a civil
union to anyone else;
(6) Are not the domestic partner of
anyone else;
(7) Are not related in a way that, if
they were of opposite sex, would
prohibit legal marriage in the U.S.
jurisdiction in which the domestic
partnership was formed;
(8) Are willing to certify, if required
by the agency, that they understand that
willful falsification of any
documentation required to establish that
an individual is in a domestic
partnership may lead to disciplinary
action and the recovery of the cost of
benefits received related to such
falsification, as well as constitute a
criminal violation under 18 U.S.C. 1001,
and that the method for securing such
certification, if required, will be
determined by the agency; and
(9) Are willing promptly to disclose,
if required by the agency, any
dissolution or material change in the
status of the domestic partnership.
*
*
*
*
*
Family member means an individual
with any of the following relationships
to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses
thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses
thereof;
(5) Grandparents and grandchildren,
and spouses thereof;
(6) Domestic partner, and children
and parents thereof, including a
domestic partner of any individual in
paragraphs (2)–(5) of this definition; and
(7) Any individual related by blood or
affinity whose close association with the
employee is the equivalent of a family
relationship.
*
*
*
*
*
PART 591—ALLOWANCES AND
DIFFERENTIALS
Subpart D—Separate Maintenance
Allowance for Duty at Johnston Island
3. The authority citation for subpart D
of part 591 continues to read as follows:
■
Authority: 5 U.S.C. 5942a(b); E.O. 12822,
3 CFR, 1992 Comp., p. 325.
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20JYR3
Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Rules and Regulations
4. In § 591.402, the definitions of
‘‘domestic partner’’ and ‘‘domestic
partnership’’ are added, and the
definition of ‘‘family member’’ is
revised to read as follows:
■
§ 591.402
Definitions.
tkelley on DSK3SPTVN1PROD with RULES3
*
*
*
*
*
Domestic partner means a person in a
domestic partnership with an employee
or annuitant of the same sex.
Domestic partnership means a
committed relationship between two
adults of the same sex in which the
partners—
(1) Are each other’s sole domestic
partner and intend to remain so
indefinitely;
(2) Maintain a common residence, and
intend to continue to do so (or would
maintain a common residence but for an
assignment abroad or other
employment-related, financial, or
similar obstacle);
(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
financial obligations;
(5) Are not married or joined in a civil
union to anyone else;
(6) Are not the domestic partner of
anyone else;
(7) Are not related in a way that, if
they were of opposite sex, would
prohibit legal marriage in the U.S.
jurisdiction in which the domestic
partnership was formed;
(8) Are willing to certify, if required
by the agency, that they understand that
willful falsification of any
documentation required to establish that
an individual is in a domestic
partnership may lead to disciplinary
action and the recovery of the cost of
benefits received related to such
falsification, as well as constitute a
criminal violation under 18 U.S.C. 1001,
and that the method for securing such
certification, if required, will be
determined by the agency; and
(9) Are willing promptly to disclose,
if required by the agency, any
dissolution or material change in the
status of the domestic partnership.
Family member means one or more of
the following relatives of an employee
who would normally reside with the
employee except for circumstances
warranting the granting of a separate
maintenance allowance, but who does
not receive from the Government an
allowance similar to that granted to the
employee and who is not deemed to be
a family member of another employee
for the purpose of determining the
amount of a separate maintenance
allowance or similar allowance:
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Jkt 226001
(1) Children who are unmarried and
under 21 years of age or who, regardless
of age, are incapable of self-support,
including natural children, step and
adopted children, and those under legal
guardianship or custody of the
employee, or of the employee’s spouse
or domestic partner, when they are
expected to be under such legal
guardianship or custody at least until
they reach 21 years of age and when
dependent upon and normally residing
with the guardian;
(2) Parents (including step and legally
adoptive parents) of the employee, or of
the employee’s spouse or domestic
partner, when such parents are at least
51 percent dependent on the employee
for support;
(3) Sisters and brothers (including
step or adoptive sisters and brothers) of
the employee, or of the employee’s
spouse or domestic partner, when such
sisters and brothers are at least 51
percent dependent on the employee for
support, unmarried and under 21 years
of age, or regardless of age, are incapable
of self-support;
(4) Spouse, excluding a spouse
independently entitled to and receiving
a similar allowance; or
(5) Domestic partner, excluding a
domestic partner independently entitled
to and receiving a similar allowance.
*
*
*
*
*
■ 5. In § 591.403, revise paragraph (a) to
read as follows:
§ 591.403
Amount of payment.
(a) The annual rate of the separate
maintenance allowance paid to an
employee is determined by the number
of individuals, including a spouse, a
domestic partner, and/or one or more
other family members, who are
maintained at a location other than
Johnston Island.
*
*
*
*
*
[FR Doc. 2012–17540 Filed 7–19–12; 8:45 am]
BILLING CODE 6325–39–P
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 792
RIN 3206–AL36
Agency Use of Appropriated Funds for
Child Care Costs for Lower Income
Employees
U.S. Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
The U.S. Office of Personnel
Management is adopting as final
changes to its regulations concerning
SUMMARY:
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42905
alcohol and drug abuse counseling
programs for employees and changes to
its regulations concerning agencies’ use
of appropriated funds to provide child
care subsidies for lower-income civilian
employees. The changes would clarify
the scope of regulations for alchohol
and drug abuse programs for Federal
civilian employees; change the
definition of ‘‘child’’; expand
regulations to extend coverage to child
care services for children of same-sex
domestic partners of Federal employees;
make certain technical corrections; and
make other changes designed to render
the regulations clearer and more
concise.
DATES: Effective July 20, 2012.
FOR FURTHER INFORMATION CONTACT:
Ingrid Burford, (202) 606–0416 or email
Ingrid.burford@opm.gov.
SUPPLEMENTARY INFORMATION: On July
28, 2011, the U.S. Office of Personnel
Management (OPM) published proposed
regulations (76 FR 45208) revising part
792 of title 5, Code of Federal
Regulations. This final rule makes
changes in both subparts of that part,
concerning employee assistance
programs and child care subsidies for
low-income employees, respectively, in
response to the President’s direction in
Presidential Memoranda dated June 17,
2009 (Dailey Comp. Pres. Docs., 2010
DCPD No. 00450, p. 1.), and June 2,
2010, that agencies consider extending
benefits, where possible, to same-sex
domestic partners, and OPM’s
determination to make benefits available
to same-sex domestic partners, to the
extent feasible, in this context. The
changes to subpart A also remove
obsolete references to title 42 of the
United States Code.
During the comment period, we
received six comments in response to
the proposed rule. Most of the
comments supported the proposed
changes. However, two commenters—an
agency and an advocacy group—
recommended that, for the purposes of
the child care subsidy program, OPM
revise the definition of ‘‘domestic
partner’’ to include opposite-sex
domestic partners as well as same-sex.
The agency commented that the
distinction OPM had drawn ‘‘will limit
agencies from providing an equitable
policy to opposite-sex couples having
legal documentation of their status as a
domestic partner in a legal domestic
partnership. It is [the agency’s] position
that employees in same-sex and
opposite-sex domestic partnerships
should be treated equally.’’ The agency
then provided examples of States and
cities that recognize both kinds of
partnerships.
E:\FR\FM\20JYR3.SGM
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]]>Agencies
[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Rules and Regulations]
[Pages 42903-42905]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17540]
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 550 and 591
RIN 3206-AM31
Change in Definitions; Evacuation Pay and the Separate
Maintenance Allowance at Johnston Island
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management is revising its
regulations on evacuation pay and the separate maintenance allowance
for duty at Johnston Island to ensure that same-sex domestic partners
of Federal employees and the children of such domestic partners have
access to these benefits to the same extent as spouses of Federal
employees and their children. These changes fulfill the Administration
policy expressed in the President's June 2, 2010, memorandum on the
``Extension of Benefits to Same-Sex Domestic Partners of Federal
Employees.''
DATES: This rule is effective August 20, 2012.
FOR FURTHER INFORMATION CONTACT: Kurt Springmann, by telephone at (202)
606-2858 or by email at pay-leave-policy@opm.gov.
SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management
(OPM) is issuing final regulations on evacuation pay at 5 CFR part 550,
subpart D, and the separate maintenance allowance for duty at Johnston
Island at 5 CFR part 591, subpart D. These regulations ensure that
same-sex domestic partners of Federal employees and the children of
such domestic partners have the same access to these benefits as
opposite-sex spouses of Federal employees and their children.
Background
On June 17, 2009, President Obama issued a memorandum regarding
Federal benefits and non-discrimination that requested the Secretary of
State and the Director of OPM, in consultation with the Department of
Justice, to extend previously identified statutorily based benefits
that those agencies believed could be extended to qualified same-sex
domestic partners of Federal employees, consistent with underlying law.
This memorandum also directed the heads of executive departments and
agencies, in consultation with OPM, to conduct a review of the benefits
offered by their respective departments and agencies to determine
whether they had the authority to extend such benefits to the same-sex
domestic partners of Federal employees. The memorandum further
requested that OPM, in consultation with the Department of Justice,
make recommendations regarding any additional measures that could be
taken to provide benefits to the same-sex domestic partners of Federal
Government employees, consistent with existing law.
On June 2, 2010, the President issued another memorandum, entitled
``Extension of Benefits to Same-Sex Domestic Partners of Federal
Employees,'' that published the results of the review and identified
the benefits that could be extended to same-sex domestic partners and
their families. These regulations respond to two portions of the
President's memorandum, which identified additional benefits OPM had
concluded it could offer and requested OPM to (1) ``clarify that under
appropriate circumstances, employees' same-sex domestic partners and
their children qualify as dependents for purposes of evacuation
payments made under 5 U.S.C. 5522-5523''; and (2) ``clarify that
employees' same-sex domestic partners qualify as dependents for
purposes of calculating the extra allowance payable under 5 U.S.C.
5942a to assist employees stationed on Johnston Island, subject to any
limitations applicable to spouses.''
Also on June 2, 2010, OPM issued a Memorandum for the Heads of
Executive Departments and Agencies, entitled ``Implementation of the
President's Memorandum Regarding
[[Page 42904]]
Extension of Benefits to Same-Sex Domestic Partners of Federal
Employees'' to help fulfill the Administration's policy. The memorandum
provides definitions to help ensure its consistent application across
the Federal Government. To ensure consistent application of the
definition of domestic partnership found in this memorandum, OPM wants
to clarify paragraph (4) of the definition that states that domestic
partners ``share responsibility for a significant measure of each
other's financial obligations.'' This provision provides only for the
financial interdependence between partners and should not be
interpreted to exclude partnerships in which one partner stays at home
while the other is the primary financial breadwinner.
We are also clarifying paragraph (7) of the domestic partner
definition that states that the domestic partners ``Are not related in
a way that, if they were of opposite sex, would prohibit legal marriage
in the U.S. jurisdiction in which the domestic partnership was
formed.'' The intent of this language is to prohibit recognition of
domestic partnerships between individuals who are related in a manner
that would preclude them from marrying were they of opposite sexes. We
are maintaining this criterion, but clarifying that the determination
is to be made at the time the domestic partnership is formed. It should
not be re-examined if the couple relocates to a different jurisdiction.
This approach is consistent with treatment of opposite-sex marriages.
For the reasons outlined in the President's June 17, 2009, and June
2, 2010, memoranda, these regulations extend domestic partnership
benefits only to same-sex couples, who are currently unable to obtain
spousal benefits by entering a Federally-recognized marriage.
Executive Order 13563, Improving Regulation and Regulatory Review,
sets out a series of requirements that must be followed, to the extent
permitted by law, in issuing regulations. That Executive Order states
that ``[w]here appropriate and permitted by law, each agency may
consider (and discuss qualitatively) values that are difficult or
impossible to quantify, including equity, human dignity, fairness, and
distributive impacts.'' Such values are relevant here. In particular,
this regulation would protect human dignity, and promote equity and
fairness by ensuring equal access to these benefits for LGBT Federal
employees.
OPM published proposed regulations for public comment on July 28,
2011, at 76 FR 45205. The 60-day comment period for the proposed
regulations ended on September 26, 2011. We received no comments in
response the proposed regulations. As a result, we are adopting the
proposed regulations as final.
Executive Order 13563 and Executive Order 12866
The Office of Management and Budget has reviewed this rule in
accordance with E.O. 13563 and 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will apply only to Federal agencies and employees.
List of Subjects
5 CFR Part 550
Administrative practice and procedure, Claims, Government
employees, Wages.
5 CFR Part 591
Government employees, Travel and transportation expenses, Wages.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is amending 5 CFR parts 550 and 591 as follows:
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart D--Payments and Flexibilities During an Evacuation
0
1. The authority citation for subpart D of part 550 continues to read
as follows:
Authority: 5 U.S.C. 5527; E.O. 10982, 3 CFR 1959-1963, p. 502.
0
2. In Sec. 550.402, the definition of ``dependent'' is revised and the
definitions of ``domestic partner'', ``domestic partnership'', and
``family member'' are added to read as follows:
Sec. 550.402 Definitions.
* * * * *
Dependent means a family member of the employee residing with the
employee and dependent on the employee for support.
* * * * *
Domestic partner means a person in a domestic partnership with an
employee or annuitant of the same sex.
Domestic partnership means a committed relationship between two
adults of the same sex in which the partners--
(1) Are each other's sole domestic partner and intend to remain so
indefinitely;
(2) Maintain a common residence, and intend to continue to do so
(or would maintain a common residence but for an assignment abroad or
other employment-related, financial, or similar obstacle);
(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
financial obligations;
(5) Are not married or joined in a civil union to anyone else;
(6) Are not the domestic partner of anyone else;
(7) Are not related in a way that, if they were of opposite sex,
would prohibit legal marriage in the U.S. jurisdiction in which the
domestic partnership was formed;
(8) Are willing to certify, if required by the agency, that they
understand that willful falsification of any documentation required to
establish that an individual is in a domestic partnership may lead to
disciplinary action and the recovery of the cost of benefits received
related to such falsification, as well as constitute a criminal
violation under 18 U.S.C. 1001, and that the method for securing such
certification, if required, will be determined by the agency; and
(9) Are willing promptly to disclose, if required by the agency,
any dissolution or material change in the status of the domestic
partnership.
* * * * *
Family member means an individual with any of the following
relationships to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses thereof;
(5) Grandparents and grandchildren, and spouses thereof;
(6) Domestic partner, and children and parents thereof, including a
domestic partner of any individual in paragraphs (2)-(5) of this
definition; and
(7) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.
* * * * *
PART 591--ALLOWANCES AND DIFFERENTIALS
Subpart D--Separate Maintenance Allowance for Duty at Johnston
Island
0
3. The authority citation for subpart D of part 591 continues to read
as follows:
Authority: 5 U.S.C. 5942a(b); E.O. 12822, 3 CFR, 1992 Comp., p.
325.
[[Page 42905]]
0
4. In Sec. 591.402, the definitions of ``domestic partner'' and
``domestic partnership'' are added, and the definition of ``family
member'' is revised to read as follows:
Sec. 591.402 Definitions.
* * * * *
Domestic partner means a person in a domestic partnership with an
employee or annuitant of the same sex.
Domestic partnership means a committed relationship between two
adults of the same sex in which the partners--
(1) Are each other's sole domestic partner and intend to remain so
indefinitely;
(2) Maintain a common residence, and intend to continue to do so
(or would maintain a common residence but for an assignment abroad or
other employment-related, financial, or similar obstacle);
(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
financial obligations;
(5) Are not married or joined in a civil union to anyone else;
(6) Are not the domestic partner of anyone else;
(7) Are not related in a way that, if they were of opposite sex,
would prohibit legal marriage in the U.S. jurisdiction in which the
domestic partnership was formed;
(8) Are willing to certify, if required by the agency, that they
understand that willful falsification of any documentation required to
establish that an individual is in a domestic partnership may lead to
disciplinary action and the recovery of the cost of benefits received
related to such falsification, as well as constitute a criminal
violation under 18 U.S.C. 1001, and that the method for securing such
certification, if required, will be determined by the agency; and
(9) Are willing promptly to disclose, if required by the agency,
any dissolution or material change in the status of the domestic
partnership.
Family member means one or more of the following relatives of an
employee who would normally reside with the employee except for
circumstances warranting the granting of a separate maintenance
allowance, but who does not receive from the Government an allowance
similar to that granted to the employee and who is not deemed to be a
family member of another employee for the purpose of determining the
amount of a separate maintenance allowance or similar allowance:
(1) Children who are unmarried and under 21 years of age or who,
regardless of age, are incapable of self-support, including natural
children, step and adopted children, and those under legal guardianship
or custody of the employee, or of the employee's spouse or domestic
partner, when they are expected to be under such legal guardianship or
custody at least until they reach 21 years of age and when dependent
upon and normally residing with the guardian;
(2) Parents (including step and legally adoptive parents) of the
employee, or of the employee's spouse or domestic partner, when such
parents are at least 51 percent dependent on the employee for support;
(3) Sisters and brothers (including step or adoptive sisters and
brothers) of the employee, or of the employee's spouse or domestic
partner, when such sisters and brothers are at least 51 percent
dependent on the employee for support, unmarried and under 21 years of
age, or regardless of age, are incapable of self-support;
(4) Spouse, excluding a spouse independently entitled to and
receiving a similar allowance; or
(5) Domestic partner, excluding a domestic partner independently
entitled to and receiving a similar allowance.
* * * * *
0
5. In Sec. 591.403, revise paragraph (a) to read as follows:
Sec. 591.403 Amount of payment.
(a) The annual rate of the separate maintenance allowance paid to
an employee is determined by the number of individuals, including a
spouse, a domestic partner, and/or one or more other family members,
who are maintained at a location other than Johnston Island.
* * * * *
[FR Doc. 2012-17540 Filed 7-19-12; 8:45 am]
BILLING CODE 6325-39-P
