Implementation of United States v. Windsor, 57783-57784 [2013-22898]

Download as PDF 57783 Rules and Regulations Federal Register Vol. 78, No. 183 Friday, September 20, 2013 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Parts 1651 and 1690 Implementation of United States v. Windsor Federal Retirement Thrift Investment Board. ACTION: Interim final rule with request for comments. AGENCY: The Federal Retirement Thrift Investment Board (FRTIB) is revising its regulations to provide that the FRTIB will look to the laws of the jurisdiction of celebration to determine whether a Thrift Savings Plan participant is married. DATES: This interim final rule is effective September 20, 2013. Comments should be received on or before October 21, 2013. ADDRESSES: You may submit comments using one of the following methods: • Mail: Office of General Counsel, Attn: James B. Petrick, Federal Retirement Thrift Investment Board, 77 K Street NE., Washington, DC 20002. • Hand Delivery/Courier: The address for sending comments by hand delivery or courier is the same as that for submitting comments by mail. • Facsimile: Comments may be submitted by facsimile at (202) 942– 1676. The most helpful comments explain the reason for any recommended change and include data, information, and the authority that supports the recommended change. FOR FURTHER INFORMATION CONTACT: Laurissa Stokes at (202) 942–1645. SUPPLEMENTARY INFORMATION: The FRTIB administers the Thrift Savings Plan (TSP), which was established by the Federal Employees’ Retirement System Act of 1986 (FERSA), Public Law 99–335, 100 Stat. 514. The TSP provisions of FERSA are codified, as tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:06 Sep 19, 2013 Jkt 229001 amended, largely at 5 U.S.C. 8351 and 8401–79. The TSP is a tax-deferred retirement savings plan for Federal civilian employees and members of the uniformed services. The TSP is similar to cash or deferred arrangements established for private-sector employees under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)). Section 3 of the Defense of Marriage Act (codified at 1 U.S.C. 7) provided that, when used in a Federal law, the term ‘‘marriage’’ would mean only a legal union between one man and one woman as husband and wife, and that the term ‘‘spouse’’ referred only to a person of the opposite sex who is a husband or a wife. The U.S. Supreme Court recently held in United States v. Windsor that section 3 of the Defense of Marriage Act is unconstitutional. Windsor requires the FRTIB to defer to state law in determining the marital status of TSP participants. The FRTIB anticipates conflicting state laws. For example, a same-sex couple might get married in a state that permits same-sex marriage and then move to a state that does not recognize same-sex marriages performed in other states or foreign countries. Whether that couple is married for TSP purposes will hinge on whether the FRTIB looks to the laws of the jurisdiction of celebration (i.e., the jurisdiction in which the marriage was initially established) or the laws of the participant’s state of domicile. The TSP has one existing choice-oflaw provision pertaining to marriage. It is found in 5 CFR 1651.5(a), and says that the state law of the participant’s domicile will be used to determine whether a participant was married for purposes of distributing death benefits from his or her TSP account. The FRTIB is required by statute to administer the Thrift Savings Plan solely in the interest of its participants and beneficiaries and for the exclusive purposes of (1) providing benefits to participants and their beneficiaries, and (2) defraying the reasonable expenses of administering the Thrift Savings Fund. 5 U.S.C. 8477(b)(1)(A). Section 1651.5(a) prohibits the FRTIB from offering certain TSP benefits to the same-sex spouses of participants who are domiciled in states that do not recognize same-sex marriages performed in other states or foreign countries. The current choice-of-law is detrimental to a PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 population of TSP participants and does not serve to defray the expenses of administering the Thrift Savings Fund. Therefore, the FRTIB is revising its regulations to provide that the FRTIB will look to the jurisdiction of celebration to determine a participant’s marital status. The FRTIB will adopt a final rule after consideration of public comments on this interim rule. Interim Final Rule and Request for Comments Under section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) a general notice of proposed rulemaking is not required when an agency, for good cause, finds that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest. The FRTIB has determined that immediate action is necessary to allow the FRTIB to implement United States v. Windsor in a manner that comports with its statutory obligation to administer the Thrift Savings Plan solely in the interest of its participants and beneficiaries to the extent consistent with Chapter 5 of the United States Code. The FRTIB encourages public comments on this interim final rule. The FRTIB will adopt a final rule after consideration of public comments on this interim rule. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation will affect Federal employees and members of the uniformed services who participate in the Thrift Savings Plan, which is a Federal defined contribution retirement savings plan created under the Federal Employees’ Retirement System Act of 1986 (FERSA), Public Law 99–335, 100 Stat. 514, and which is administered by the FRTIB. It will also affect spouses, former spouses, children, or dependents of TSP participants. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501–1571, the effects of this E:\FR\FM\20SER1.SGM 20SER1 57784 Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Rules and Regulations regulation on state, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under § 1532 is not required. PART 1690—THRIFT SAVINGS PLAN 4. The authority citation for part 1690 continues to read as follows: ■ Authority: 5 U.S.C. 8474. 5. Revise the definition of ‘‘spouse’’ in § 1690.1 to read as follows: ■ § 1690.1 Submission to Congress and the General Accounting Office Definitions. * Pursuant to 5 U.S.C. 810(a)(1)(A), the FRTIB submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States before publication of this rule in the Federal Register. This rule is not a major rule as defined at 5 U.S.C. 804(2). List of Subjects 5 CFR Part 1651 Claims, Government employees, Pensions, Retirement. 5 CFR Part 1690 Government employees, Pensions, Retirement. Gregory T. Long, Executive Director, Federal Retirement Thrift Investment Board. * * * * Spouse means the person to whom a TSP participant is married on the date he or she signs a form on which the TSP requests spousal information. Where a participant is seeking to reclaim an account that has been forfeited pursuant to 5 CFR 1650.16, spouse means the person to whom the participant was married on the withdrawal deadline. For purposes of 5 CFR 1651.5 and 5 CFR 1651.19, spouse means the person to whom the participant was married on the date of the participant’s death. A TSP participant is considered to be married even if the parties are separated, unless a court decree of divorce or annulment has been entered. The laws of the jurisdiction in which the marriage was initially established will be used to determine whether a TSP participant is married. * * * * * [FR Doc. 2013–22898 Filed 9–19–13; 8:45 am] BILLING CODE 6760–01–P For the reasons stated in the preamble, the FRTIB amends 5 CFR chapter VI as follows: DEPARTMENT OF TRANSPORTATION PART 1651—DEATH BENEFITS resulting in an uncontrolled fire and subsequent loss of the airplane. DATES: This AD becomes effective October 25, 2013. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 25, 2013. ADDRESSES: You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC. For service information identified in this AD, contact Airbus SAS— Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email airworthiness.A330–A340@airbus.com; Internet http://www.airbus.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: (425) 227–1138; fax: (425) 227–1149. SUPPLEMENTARY INFORMATION: Federal Aviation Administration 1. The authority citation for part 1651 continues to read as follows: Discussion 14 CFR Part 39 Authority: 5 U.S.C. 8424(d), 8432d, 8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and 8474(c)(1). [Docket No. FAA–2013–0463; Directorate Identifier 2012–NM–165–AD; Amendment 39–17584; AD 2013–19–02] We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. The NPRM published in the Federal Register on June 21, 2013 (78 FR 37498). The NPRM proposed to correct an unsafe condition for the specified products. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2012–0182, dated September 11, 2012 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: ■ § 1651.1 [Amended] RIN 2120–AA64 2. Amend paragraph (b) § 1651.1 to remove the definition of ‘‘domicile.’’ ■ 3. Revise paragraph (a) of § 1651.5 to read as follows: ■ tkelley on DSK3SPTVN1PROD with RULES § 1651.5 Airworthiness Directives; Airbus Airplanes (a) For purposes of payment under § 1651.2(a)(2) and establishment of beneficiary participant accounts under § 1651.19, the spouse of the participant is the person to whom the participant was married on the date of death. A person is considered to be married even if the parties are separated, unless a court decree of divorce or annulment has been entered. The laws of the jurisdiction in which the marriage was initially established will be used to determine whether the participant was married on the date of death. * * * * * VerDate Mar<15>2010 17:06 Sep 19, 2013 Jkt 229001 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: Spouse of participant. We are adopting a new airworthiness directive (AD) for certain Airbus Model A330–200, –200 Freighter, and –300 series airplanes. This AD was prompted by a report that a certain wire harness located in the tail cone has wiring of a narrower gauge than design requires. This AD requires replacing the affected wire harness. We are issuing this AD to prevent damage to the affected wiring, which could create an ignition source in an area that might contain fuel vapors, possibly SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 On a production aeroplane, it has been discovered that wires in harness 5877VB, installed in the Tail Cone (Section 19.1) and connected to the Auxiliary Power Unit starter, have a section smaller [narrower] than required by design. Section 19 is a flammable fluid leakage zone, adjacent to a fuel tank (trim tank) and is open with Section E:\FR\FM\20SER1.SGM 20SER1

Agencies

[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Rules and Regulations]
[Pages 57783-57784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22898]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / 
Rules and Regulations

[[Page 57783]]



FEDERAL RETIREMENT THRIFT INVESTMENT BOARD

5 CFR Parts 1651 and 1690


Implementation of United States v. Windsor

AGENCY: Federal Retirement Thrift Investment Board.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Retirement Thrift Investment Board (FRTIB) is 
revising its regulations to provide that the FRTIB will look to the 
laws of the jurisdiction of celebration to determine whether a Thrift 
Savings Plan participant is married.

DATES: This interim final rule is effective September 20, 2013. 
Comments should be received on or before October 21, 2013.

ADDRESSES: You may submit comments using one of the following methods:
     Mail: Office of General Counsel, Attn: James B. Petrick, 
Federal Retirement Thrift Investment Board, 77 K Street NE., 
Washington, DC 20002.
     Hand Delivery/Courier: The address for sending comments by 
hand delivery or courier is the same as that for submitting comments by 
mail.
     Facsimile: Comments may be submitted by facsimile at (202) 
942-1676.
    The most helpful comments explain the reason for any recommended 
change and include data, information, and the authority that supports 
the recommended change.

FOR FURTHER INFORMATION CONTACT: Laurissa Stokes at (202) 942-1645.

SUPPLEMENTARY INFORMATION: The FRTIB administers the Thrift Savings 
Plan (TSP), which was established by the Federal Employees' Retirement 
System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP 
provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 
and 8401-79. The TSP is a tax-deferred retirement savings plan for 
Federal civilian employees and members of the uniformed services. The 
TSP is similar to cash or deferred arrangements established for 
private-sector employees under section 401(k) of the Internal Revenue 
Code (26 U.S.C. 401(k)).
    Section 3 of the Defense of Marriage Act (codified at 1 U.S.C. 7) 
provided that, when used in a Federal law, the term ``marriage'' would 
mean only a legal union between one man and one woman as husband and 
wife, and that the term ``spouse'' referred only to a person of the 
opposite sex who is a husband or a wife. The U.S. Supreme Court 
recently held in United States v. Windsor that section 3 of the Defense 
of Marriage Act is unconstitutional. Windsor requires the FRTIB to 
defer to state law in determining the marital status of TSP 
participants.
    The FRTIB anticipates conflicting state laws. For example, a same-
sex couple might get married in a state that permits same-sex marriage 
and then move to a state that does not recognize same-sex marriages 
performed in other states or foreign countries. Whether that couple is 
married for TSP purposes will hinge on whether the FRTIB looks to the 
laws of the jurisdiction of celebration (i.e., the jurisdiction in 
which the marriage was initially established) or the laws of the 
participant's state of domicile.
    The TSP has one existing choice-of-law provision pertaining to 
marriage. It is found in 5 CFR 1651.5(a), and says that the state law 
of the participant's domicile will be used to determine whether a 
participant was married for purposes of distributing death benefits 
from his or her TSP account.
    The FRTIB is required by statute to administer the Thrift Savings 
Plan solely in the interest of its participants and beneficiaries and 
for the exclusive purposes of (1) providing benefits to participants 
and their beneficiaries, and (2) defraying the reasonable expenses of 
administering the Thrift Savings Fund. 5 U.S.C. 8477(b)(1)(A). Section 
1651.5(a) prohibits the FRTIB from offering certain TSP benefits to the 
same-sex spouses of participants who are domiciled in states that do 
not recognize same-sex marriages performed in other states or foreign 
countries. The current choice-of-law is detrimental to a population of 
TSP participants and does not serve to defray the expenses of 
administering the Thrift Savings Fund. Therefore, the FRTIB is revising 
its regulations to provide that the FRTIB will look to the jurisdiction 
of celebration to determine a participant's marital status. The FRTIB 
will adopt a final rule after consideration of public comments on this 
interim rule.

Interim Final Rule and Request for Comments

    Under section 553(b) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) a general notice of proposed rulemaking is not 
required when an agency, for good cause, finds that notice and public 
comment thereon are impracticable, unnecessary, or contrary to the 
public interest. The FRTIB has determined that immediate action is 
necessary to allow the FRTIB to implement United States v. Windsor in a 
manner that comports with its statutory obligation to administer the 
Thrift Savings Plan solely in the interest of its participants and 
beneficiaries to the extent consistent with Chapter 5 of the United 
States Code.
    The FRTIB encourages public comments on this interim final rule. 
The FRTIB will adopt a final rule after consideration of public 
comments on this interim rule.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities. This regulation will 
affect Federal employees and members of the uniformed services who 
participate in the Thrift Savings Plan, which is a Federal defined 
contribution retirement savings plan created under the Federal 
Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 
100 Stat. 514, and which is administered by the FRTIB. It will also 
affect spouses, former spouses, children, or dependents of TSP 
participants.

Paperwork Reduction Act

    I certify that these regulations do not require additional 
reporting under the criteria of the Paperwork Reduction Act.

Unfunded Mandates Reform Act of 1995

    Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 
632, 653, 1501-1571, the effects of this

[[Page 57784]]

regulation on state, local, and tribal governments and the private 
sector have been assessed. This regulation will not compel the 
expenditure in any one year of $100 million or more by state, local, 
and tribal governments, in the aggregate, or by the private sector. 
Therefore, a statement under Sec.  1532 is not required.

Submission to Congress and the General Accounting Office

    Pursuant to 5 U.S.C. 810(a)(1)(A), the FRTIB submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States before publication of this rule in the Federal Register. 
This rule is not a major rule as defined at 5 U.S.C. 804(2).

List of Subjects

5 CFR Part 1651

    Claims, Government employees, Pensions, Retirement.

5 CFR Part 1690

    Government employees, Pensions, Retirement.

Gregory T. Long,
Executive Director, Federal Retirement Thrift Investment Board.

    For the reasons stated in the preamble, the FRTIB amends 5 CFR 
chapter VI as follows:

PART 1651--DEATH BENEFITS

0
1. The authority citation for part 1651 continues to read as follows:

    Authority: 5 U.S.C. 8424(d), 8432d, 8432(j), 8433(e), 
8435(c)(2), 8474(b)(5) and 8474(c)(1).


Sec.  1651.1  [Amended]

0
2. Amend paragraph (b) Sec.  1651.1 to remove the definition of 
``domicile.''
0
3. Revise paragraph (a) of Sec.  1651.5 to read as follows:


Sec.  1651.5  Spouse of participant.

    (a) For purposes of payment under Sec.  1651.2(a)(2) and 
establishment of beneficiary participant accounts under Sec.  1651.19, 
the spouse of the participant is the person to whom the participant was 
married on the date of death. A person is considered to be married even 
if the parties are separated, unless a court decree of divorce or 
annulment has been entered. The laws of the jurisdiction in which the 
marriage was initially established will be used to determine whether 
the participant was married on the date of death.
* * * * *

PART 1690--THRIFT SAVINGS PLAN

0
4. The authority citation for part 1690 continues to read as follows:

    Authority: 5 U.S.C. 8474.


0
5. Revise the definition of ``spouse'' in Sec.  1690.1 to read as 
follows:


Sec.  1690.1  Definitions.

* * * * *
    Spouse means the person to whom a TSP participant is married on the 
date he or she signs a form on which the TSP requests spousal 
information. Where a participant is seeking to reclaim an account that 
has been forfeited pursuant to 5 CFR 1650.16, spouse means the person 
to whom the participant was married on the withdrawal deadline. For 
purposes of 5 CFR 1651.5 and 5 CFR 1651.19, spouse means the person to 
whom the participant was married on the date of the participant's 
death. A TSP participant is considered to be married even if the 
parties are separated, unless a court decree of divorce or annulment 
has been entered. The laws of the jurisdiction in which the marriage 
was initially established will be used to determine whether a TSP 
participant is married.
* * * * *
[FR Doc. 2013-22898 Filed 9-19-13; 8:45 am]
BILLING CODE 6760-01-P