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