Regs

Page 835

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(B) the term ‘assumed increase in the price index’
means—
‘‘(i) 6.6 percent, in the case of fiscal year 1983,
‘‘(ii) 7.2 percent, in the case of fiscal year 1984,
and
‘‘(iii) 6.6 percent, in the case of fiscal year 1985.
‘‘(5) The amount of any survivor annuity which is
based on the service of any early retiree subject to this
subsection shall be computed as if this subsection had
not been enacted.
‘‘(b) [Repealed. Pub. L. 98–270, title II, § 201(c)(2), Apr.
18, 1984, 98 Stat. 158.]
‘‘(c) For purposes of this section, the term ‘cost-ofliving increase under a Government retirement system’
means any increase under—
‘‘(1) section 8340(b) of title 5, United States Code;
‘‘(2) section 826 of the Foreign Service Act of 1980
[22 U.S.C. 4066];
‘‘(3) the Central Intelligence Agency Act of 1964 for
Certain Employees (50 U.S.C. 403 note);
‘‘(4) section 1401a(b) of title 10, United States Code;
or
‘‘(5) any other adjustment of any annuity under a
retirement system for Government officers or employees which the President determines, by Executive order, is based on adjustments under any of the
provisions referred to in the preceding paragraph.’’
COST-OF-LIVING ADJUSTMENT OF RETIRED PAY OR RETAINER PAY OF MEMBERS AND FORMER MEMBERS OF
ARMED FORCES AND COMMISSIONED OFFICERS OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
AND PUBLIC HEALTH SERVICE; EFFECTIVE DATE OF
AMENDMENT
See provisions of section 801(c) of Pub. L. 94–361, title
VIII, July 14, 1976, 90 Stat. 929, set out as a note under
section 1401a of Title 10, Armed Forces.

§ 8341. Survivor annuities
(a) For the purpose of this section—
(1) ‘‘widow’’ means the surviving wife of an
employee or Member who—
(A) was married to him for at least 9
months immediately before his death; or
(B) is the mother of issue by that marriage;
(2) ‘‘widower’’ means the surviving husband
of an employee or Member who—
(A) was married to her for at least 9
months immediately before her death; or
(B) is the father of issue by that marriage;
(3) ‘‘dependent’’, in the case of any child,
means that the employee or Member involved
was, at the time of the employee or Member’s
death, either living with or contributing to
the support of such child, as determined in accordance with such regulations as the Office of
Personnel Management shall prescribe; and
(4) ‘‘child’’ means—
(A) an unmarried dependent child under 18
years of age, including (i) an adopted child,
and (ii) a stepchild but only if the stepchild
lived with the employee or Member in a regular parent-child relationship, and (iii) a
recognized natural child, and (iv) a child
who lived with and for whom a petition of
adoption was filed by an employee or Member, and who is adopted by the surviving
spouse of the employee or Member after his
death;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability
incurred before age 18; or

§ 8341

(C) such unmarried dependent child between 18 and 22 years of age who is a student
regularly pursuing a full-time course of
study or training in residence in a high
school, trade school, technical or vocational
institute, junior college, college, university,
or comparable recognized educational institution.
For the purpose of this paragraph and subsection (e) of this section, a child whose 22nd
birthday occurs before July 1 or after August
31 of a calendar year, and while he is regularly
pursuing such a course of study or training, is
deemed to have become 22 years of age on the
first day of July after that birthday. A child
who is a student is deemed not to have ceased
to be a student during an interim between
school years if the interim is not more than 5
months and if he shows to the satisfaction of
the Office of Personnel Management that he
has a bona fide intention of continuing to pursue a course of study or training in the same
or different school during the school semester
(or other period into which the school year is
divided) immediately after the interim.
(b)(1) Except as provided in paragraph (2) of
this subsection, if an employee or Member dies
after having retired under this subchapter and is
survived by a widow or widower, the widow or
widower is entitled to an annuity equal to 55
percent (or 50 percent if retired before October
11, 1962) of an annuity computed under section
8339(a)–(i), (n), (p), (q), (r), and (s) as may apply
with respect to the annuitant, or of such portion
thereof as may have been designated for this
purpose under section 8339(j)(1) of this title, unless the right to a survivor annuity was waived
under such section 8339(j)(1) or, in the case of remarriage, the employee or Member did not file
an election under section 8339(j)(5)(C) or section
8339(k)(2) of this title, as the case may be.
(2) If an annuitant—
(A) who retired before April 1, 1948; or
(B) who elected a reduced annuity provided
in paragraph (2) of section 8339(k) of this title;
dies and is survived by a widow or widower, the
widow or widower is entitled to an annuity in an
amount which would have been paid had the annuitant been married to the widow or widower
at the time of retirement.
(3) A spouse acquired after retirement is entitled to a survivor annuity under this subsection
only upon electing this annuity instead of any
other survivor benefit to which he may be entitled under this subchapter or another retirement system for Government employees. The
annuity of the widow or widower under this subsection commences on the day after the annuitant dies. This annuity and the right thereto
terminate on the last day of the month before
the widow or widower—
(A) dies; or
(B) except as provided in subsection (k), remarries before becoming 55 years of age.
(4) Notwithstanding the preceding provisions
of this subsection, the annuity payable under
this subsection to the widow or widower of a retired employee or Member may not exceed the
difference between—

§ 8440f

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

Board to accommodate participants in the Thrift Savings Plan, as determined by the Secretary of Defense
after consultation with the Executive Director (appointed by the Board).
‘‘(3) Paragraph (1) includes the authority to postpone
the effective date of the amendments made by this subtitle (apart from section 211(a)(2) of title 37, United
States Code), and the effective date of such section
211(a)(2), by different lengths of time.
‘‘(4) The Secretary shall notify the congressional defense committees [Committees on Armed Services and
Appropriations of the Senate and the House of Representatives], the Committee on Government Reform
[now Committee on Oversight and Government Reform]
of the House of Representatives, and the Committee on
Governmental Affairs [now Committee on Homeland
Security and Governmental Affairs] of the Senate of
any determination made under this subsection.’’
REGULATIONS
Pub. L. 106–65, div. A, title VI, § 661(b), Oct. 5, 1999, 113
Stat. 672, as amended by Pub. L. 106–398, § 1 [[div. A],
title VI, § 661(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–167,
provided that: ‘‘Not later than the 180th day after the
date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 [Oct. 30,
2000], the Executive Director (appointed by the Federal
Retirement Thrift Investment Board) shall issue regulations to implement the amendments made by this
subtitle [subtitle F (§§ 661–663) of title VI of div. A of
Pub. L. 106–65, enacting this section and section 211 of
Title 37, Pay and Allowances of the Uniformed Services, and amending sections 8351, 8432b, 8433, 8439, and
8473 of this title and section 211 of Title 37].’’

§ 8440f. Maximum percentage allowable for certain participants
(a) The maximum percentage allowable under
this section shall be determined in accordance
with the following table:
In the case of a pay period
The maximum percentbeginning in fiscal year:
age allowable is:
2001 .......................................................
6
2002 .......................................................
7
2003 .......................................................
8
2004 .......................................................
9
2005 .......................................................
10
2006 or thereafter .................................
100.

(b) Notwithstanding any limitation under this
section, an eligible participant (as defined by
section 414(v) of the Internal Revenue Code of
1986) may make such additional contributions to
the Thrift Savings Fund as are permitted by
such section 414(v) and regulations of the Executive Director consistent therewith.
(Added Pub. L. 106–554, § 1(a)(4) [div. B, title I,
§ 138(a)(7)(A)], Dec. 21, 2000, 114 Stat. 2763,
2763A–234; amended Pub. L. 107–304, § 1(b)(2), Nov.
27, 2002, 116 Stat. 2363.)
REFERENCES IN TEXT
Section 414(v) of the Internal Revenue Code of 1986,
referred to in subsec. (b), is classified to section 414(v)
of Title 26, Internal Revenue Code.
AMENDMENTS
2002—Pub. L. 107–304 designated existing provisions as
subsec. (a) and added subsec. (b).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–304 effective as of the earliest practicable date determined by the Executive Director in regulations, see section 1(c) of Pub. L. 107–304,
set out as a note under section 8351 of this title.

Page 936

SUBCHAPTER IV—SURVIVOR ANNUITIES
§ 8441. Definitions
For the purpose of this subchapter—
(1) the term ‘‘widow’’ means the surviving
wife of an employee, Member, or annuitant, or
of a former employee or Member, who—
(A) was married to him for at least 9
months immediately before his death; or
(B) is the mother of issue by that marriage;
(2) the term ‘‘widower’’ means the surviving
husband of an employee, Member, or annuitant, or of a former employee or Member,
who—
(A) was married to her for at least 9
months immediately before her death; or
(B) is the father of issue by that marriage;
(3) the term ‘‘dependent’’, in the case of any
child, means that the employee, Member, or
annuitant involved was, at the time of death
of the employee, Member, or annuitant either
living with or contributing to the support of
such child, as determined in accordance with
such regulations as the Office shall prescribe;
and
(4) the term ‘‘child’’ means—
(A) an unmarried dependent child under 18
years of age, including (i) an adopted child,
(ii) a stepchild but only if the stepchild lived
with the employee, Member, or annuitant in
a regular parent-child relationship, (iii) a
recognized natural child, and (iv) a child
who lived with and for whom a petition of
adoption was filed by an employee, Member,
or annuitant and who is adopted by the
widow or widower of the employee, Member,
or annuitant after the death of such employee, Member, or annuitant;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability
incurred before age 18; or
(C) such unmarried dependent child between 18 and 22 years of age who is a student
regularly pursuing a full-time course of
study or training in residence in a high
school, trade school, technical or vocational
institute, junior college, college, university,
or comparable recognized educational institution.
For the purpose of this paragraph and section
8443, a child whose 22nd birthday occurs before
July 1 or after August 31 of a calendar year,
and while regularly pursuing such a course of
study or training, is deemed to have become 22
years of age on the first day of July after that
birthday. A child who is a student is deemed
not to have ceased to be a student during an
interim between school years if the interim is
not more than 5 months and if such child
shows to the satisfaction of the Office that
such child has a bona fide intention of continuing to pursue a course of study or training
in the same or different school during the
school semester (or other period into which
the school year is divided) immediately after
the interim.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 558.)

§ 8901

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

Pub. L. 95–454, § 906(c)(2)(F), (G), substituted ‘‘3401’’
for ‘‘3391’’ in par. (3).
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–454 effective 90 days after
Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as
a note under section 1101 of this title.

CHAPTER 89—HEALTH INSURANCE
Sec.

8901.
8902.
8902a.
8903.
8903a.
8903b.
8904.
8905.
8905a.
8906.
8906a.
8907.
8908.
8909.
8909a.
8910.
8911.
8912.
8913.
8914.

Definitions.
Contracting authority.
Debarment and other sanctions.
Health benefits plans.
Additional health benefits plans.
Authority to readmit an employee organization plan.
Types of benefits.
Election of coverage.
Continued coverage.
Contributions.
Temporary employees.
Information to individuals eligible to enroll.
Coverage of restored employees and survivor
or disability annuitants.
Employees Health Benefits Fund.
Postal Service Retiree Health Benefits Fund.1
Studies, reports, and audits.
Advisory committee.
Jurisdiction of courts.
Regulations.
Effect of other statutes.
AMENDMENTS

2006—Pub. L. 109–435, title VIII, § 803(a)(2), Dec. 20,
2006, 120 Stat. 3252, added item 8909a.
1998—Pub. L. 105–266, § 6(a)(2), Oct. 19, 1998, 112 Stat.
2369, added item 8903b.
1988—Pub. L. 100–654, title I, § 101(b), title II,
§ 201(a)(2), title III, § 301(b), Nov. 14, 1988, 102 Stat. 3841,
3845, 3846, added items 8902a, 8905a, and 8906a.
Pub. L. 100–238, title I, § 108(a)(3)(B), Jan. 8, 1988, 101
Stat. 1748, added item 8914.
1985—Pub. L. 99–53, §§ 1(b)(2), 3(a)(2)(B), June 17, 1985,
99 Stat. 94, 95, added item 8903a and inserted ‘‘or disability’’ after ‘‘and survivor’’ in item 8908.
1984—Pub. L. 98–615, § 3(8), Nov. 8, 1984, 98 Stat. 3204,
substituted ‘‘Information to individuals eligible to enroll’’ for ‘‘Information to employees’’ in item 8907.
1976—Pub. L. 94–342, § 1(b), July 6, 1976, 90 Stat. 808,
substituted ‘‘employees and survivor annuitants’’ for
‘‘employee’’ in item 8908.

§ 8901. Definitions
For the purpose of this chapter—
(1) ‘‘employee’’ means—
(A) an employee as defined by section 2105
of this title;
(B) a Member of Congress as defined by
section 2106 of this title;
(C) a Congressional employee as defined by
section 2107 of this title;
(D) the President;
(E) an individual first employed by the
government of the District of Columbia before October 1, 1987;
(F) an individual employed by Gallaudet
College; 1
(G) an individual employed by a county
committee established under section 590h(b)
of title 16;
(H) an individual appointed to a position
on the office staff of a former President
1 So

in original. Does not conform to section catchline.
Change of Name note below.

1 See

Page 994

under section 1(b) of the Act of August 25,
1958 (72 Stat. 838);
(I) an individual appointed to a position on
the office staff of a former President, or a
former Vice President under section 4 of the
Presidential Transition Act of 1963, as
amended (78 Stat. 153), who immediately before the date of such appointment was an
employee as defined under any other subparagraph of this paragraph; and
(J) an individual who is employed by the
Roosevelt Campobello International Park
Commission and is a citizen of the United
States,
but does not include—
(i) an employee of a corporation supervised
by the Farm Credit Administration if private interests elect or appoint a member of
the board of directors;
(ii) an individual who is not a citizen or
national of the United States and whose permanent duty station is outside the United
States, unless the individual was an employee for the purpose of this chapter on
September 30, 1979, by reason of service in an
Executive agency, the United States Postal
Service, or the Smithsonian Institution in
the area which was then known as the Canal
Zone;
(iii) an employee of the Tennessee Valley
Authority; or
(iv) an employee excluded by regulation of
the Office of Personnel Management under
section 8913(b) of this title;
(2) ‘‘Government’’ means the Government of
the United States and the government of the
District of Columbia;
(3) ‘‘annuitant’’ means—
(A) an employee who retires—
(i) on an immediate annuity under subchapter III of chapter 83 of this title, or
another retirement system for employees
of the Government, after 5 or more years
of service;
(ii) under section 8412 or 8414 of this
title;
(iii) for disability under subchapter III of
chapter 83 of this title, chapter 84 of this
title, or another retirement system for
employees of the Government; or
(iv) on an immediate annuity under a retirement system established for employees
described in section 2105(c), in the case of
an individual who elected under section
8347(q)(2) or 8461(n)(2) to remain subject to
such a system;
(B) a member of a family who receives an
immediate annuity as the survivor of an employee (including a family member entitled
to an amount under section 8442(b)(1)(A),
whether or not such family member is entitled
to
an
annuity
under
section
8442(b)(1)(B)) or of a retired employee described by subparagraph (A) of this paragraph;
(C) an employee who receives monthly
compensation under subchapter I of chapter
81 of this title and who is determined by the
Secretary of Labor to be unable to return to
duty; and

Page 995

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(D) a member of a family who receives
monthly compensation under subchapter I of
chapter 81 of this title as the surviving beneficiary of—
(i) an employee who dies as a result of
injury or illness compensable under that
subchapter; or
(ii) a former employee who is separated
after having completed 5 or more years of
service and who dies while receiving
monthly compensation under that subchapter and who has been held by the Secretary to have been unable to return to
duty;
(4) ‘‘service’’, as used by paragraph (3) of this
section, means service which is creditable
under subchapter III of chapter 83 or chapter
84 of this title;
(5) ‘‘member of family’’ means the spouse of
an employee or annuitant and an unmarried
dependent child under 22 years of age, including—
(A) an adopted child or recognized natural
child; and
(B) a stepchild or foster child but only if
the child lives with the employee or annuitant in a regular parent-child relationship;
or such an unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability which
existed before age 22;
(6) ‘‘health benefits plan’’ means a group insurance policy or contract, medical or hospital
service agreement, membership or subscription contract, or similar group arrangement
provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for
health services;
(7) ‘‘carrier’’ means a voluntary association,
corporation, partnership, or other nongovernmental organization which is lawfully engaged
in providing, paying for, or reimbursing the
cost of, health services under group insurance
policies or contracts, medical or hospital service agreements, membership or subscription
contracts, or similar group arrangements, in
consideration of premiums or other periodic
charges payable to the carrier, including a
health benefits plan duly sponsored or underwritten by an employee organization and an
association of organizations or other entities
described in this paragraph sponsoring a
health benefits plan;
(8) ‘‘employee organization’’ means—
(A) an association or other organization of
employees which is national in scope, or in
which membership is open to all employees
of a Government agency who are eligible to
enroll in a health benefits plan under this
chapter and which, after December 31, 1978,
and before January 1, 1980, applied to the Office for approval of a plan provided under
section 8903(3) of this title; and
(B) an association or other organization
which is national in scope, in which membership is open only to employees, annuitants, or former spouses, or any combination thereof, and which, during the 90-day
period beginning on the date of enactment of
section 8903a of this title, applied to the Of-

§ 8901

fice for approval of a plan provided under
such section;
(9) ‘‘dependent’’, in the case of any child,
means that the employee or annuitant involved is either living with or contributing to
the support of such child, as determined in accordance with such regulations as the Office
shall prescribe;
(10) ‘‘former spouse’’ means a former spouse
of an employee, former employee, or annuitant—
(A) who has not remarried before age 55
after the marriage to the employee, former
employee, or annuitant was dissolved,
(B) who was enrolled in an approved health
benefits plan under this chapter as a family
member at any time during the 18-month period before the date of the dissolution of the
marriage to the employee, former employee,
or annuitant, and
(C)(i) who is receiving any portion of an
annuity under section 8345(j) or 8467 of this
title or a survivor annuity under section
8341(h) or 8445 of this title (or benefits similar to either of the aforementioned annuity
benefits under a retirement system for Government employees other than the Civil
Service Retirement System or the Federal
Employees’ Retirement System),
(ii) as to whom a court order or decree referred to in section 8341(h), 8345(j), 8445, or
8467 of this title (or similar provision of law
under any such retirement system other
than the Civil Service Retirement System or
the Federal Employees’ Retirement System)
has been issued, or for whom an election has
been made under section 8339(j)(3) or 8417(b)
of this title (or similar provision of law), or
(iii) who is otherwise entitled to an annuity or any portion of an annuity as a former
spouse under a retirement system for Government employees,
except that such term shall not include any
such unremarried former spouse of a former
employee whose marriage was dissolved after
the former employee’s separation from the
service (other than by retirement); and
(11) ‘‘qualified clinical social worker’’ means
an individual—
(A) who is licensed or certified as a clinical
social worker by the State in which such individual practices; or
(B) who, if such State does not provide for
the licensing or certification of clinical social workers—
(i) is certified by a national professional
organization offering certification of clinical social workers; or
(ii) meets equivalent requirements (as
prescribed by the Office).
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 600; Pub. L.
90–83, § 1(95), Sept. 11, 1967, 81 Stat. 219; Pub. L.
91–418, §§ 2, 3(b), Sept. 25, 1970, 84 Stat. 869; Pub.
L. 93–160, § 1(b), Nov. 27, 1973, 87 Stat. 635; Pub. L.
95–368, § 2, Sept. 17, 1978, 92 Stat. 606; Pub. L.
95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92
Stat. 1224; Pub. L. 95–583, § 2, Nov. 2, 1978, 92 Stat.
2482; Pub. L. 96–54, § 2(a)(52), Aug. 14, 1979, 93
Stat. 384; Pub. L. 96–70, title I, § 1209(c), Sept. 27,
1979, 93 Stat. 463; Pub. L. 96–179, § 2, Jan. 2, 1980,

Pt. 843, Subpt. C, App. A

5 CFR Ch. I (1–1–12 Edition)

APPENDIX A TO SUBPART C OF PART
843—PRESENT VALUE CONVERSION
FACTORS FOR EARLIER COMMENCING
DATE OF ANNUITIES OF CURRENT AND
FORMER SPOUSES OF DECEASED SEPARATED EMPLOYEES
With at least 10 but less than 20 years of
creditable service—
Age of separated employee at birthday before
death
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61

.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................

36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53

.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................

54
55
56
57
58
59

.0581
.0620
.0687
.0723
.0807
.0869
.0933
.1013
.1086
.1186
.1273
.1376
.1474
.1612
.1737
.1877
.2026
.2192
.2365
.2550
.2757
.2987
.3222
.3488
.3767
.4079
.4410
.4776
.5176
.5609
.6081
.6588
.7152
.7767
.8441
.9183

Multiplier
.1516
.1636
.1756
.1915
.2066
.2233
.2410
.2606
.2811
.3032
.3279
.3549
.3829
.4143
.4475
.4843
.5235
.5669

11:42 Feb 03, 2012

Jkt 226009

PO 00000

Frm 00362

Fmt 8010

.6139
.6652
.7208
.7811
.8476
.9203

With at least 30 years of creditable service—
Multiplier by separated employee’s
year of birth

Age of separated
employee at birthday
before death

46
47
48
49
50
51
52
53
54
55
56

After
1966

...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................

From
1950
through
1966

.4213
.4557
.4918
.5318
.5744
.6213
.6714
.7267
.7866
.8518
.9227

.4572
.4943
.5335
.5768
.6231
.6738
.7282
.7880
.8528
.9233
1.0000

[76 FR 52540, Aug. 23, 2011]

Subpart D—Child Annuities
§ 843.401 Purpose.
This subpart explains the survivor
benefits payable under FERS to children based on the deaths of employees
and retirees.
§ 843.402 Eligibility requirements.
A surviving child of an employee or
retiree who dies after completing 18
months of civilian service creditable
under FERS is entitled to an annuity
under this subpart.
§ 843.403 Proof of parentage.
(a) A judicial determination of parentage conclusively establishes the paternity of a child.
(b) Except as provided in paragraph
(a) of this section, a child born to the
wife of a married person is presumed to
be the child of the wife’s husband. This
presumption may be rebutted only by
clear and convincing evidence that the
husband is not the father of the child.
(c) When paternity is not established
under paragraph (a) or (b) of this section, paternity is determined by a preponderance of the credible evidence as
defined in § 1201.56(c)(2) of this title.

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creditable service—
Age of separated employee at birthday before
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Age of separated employee at birthday before
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Office of Personnel Management
§ 843.404

§ 843.408

Proof of adoption.

(a) An adopted child is—
(1) A child adopted by the employee
or retiree before the death of the employee or retiree; or
(2) A child who lived with the employee or retiree and for whom a petition for adoption was filed by the employee or retiree and who is adopted by
the current spouse of the employee or
retiree after the death of the employee
or retiree.
(b) The only acceptable evidence to
prove status as an adopted child under
paragraph (a)(1) of this section is a
copy of the judicial decree of adoption.
(c) The only acceptable evidence to
prove status as an adopted child under
paragraph (a)(2) of this section is copies of—
(1) The petition for adoption (clearly
showing the date filed); and
(2) The judicial decree of adoption.
§ 843.405

Dependency.

To be eligible for survivor annuity
benefits, a child must have been dependent on the employee or retiree at
the time of the employee’s or retiree’s
death.
§ 843.406

Proof of dependency.

(a) A child is considered to have been
dependent on the deceased employee or
retiree if he or she is—
(1) A legitimate child; or
(2) An adopted child; or
(3) A stepchild or recognized natural
child who lived with the employee or
retiree in a regular parent-child relationship at the time of the employee’s
or retirees death; or
(4) A recognized natural child for
whom a judicial determination of support was obtained; or
(5) A recognized natural child to
whose support the employee or retiree
made regular and substantial contributions.
(b) The following are examples of
proofs of regular and substantial support. More than one of the following
proofs may be required to show support
of a natural child who did not live with
the employee or retiree in a regular
parent-child relationship and for whom
a judicial determination of support was
not obtained.

(1) Evidence of eligibility as a dependent child for benefits under other
State or Federal programs;
(2) Proof of inclusion of the child as
a dependent on the decedent’s income
tax returns for the years immediately
before the employee’s or retiree’s
death;
(3) Cancelled checks, money orders,
or receipts for periodic payments received from the employee or retiree for
or on behalf of the child;
(4) Evidence of goods or services that
show regular contributions of considerable value;
(5) Proof of coverage of the child as a
family member under the employee’s
or retiree’s Federal Employees Health
Benefits enrollment; and
(6) Other proof of a similar nature
that OPM may find to be sufficient to
demonstrate support or parentage.
(c) Survivor benefits may be denied—
(1) If evidence shows that the deceased employee or retiree did not recognize the claimant as his or her own
despite a willingness to support the
child; or
(2) If evidence casts doubt upon the
parentage of the claimant, despite the
deceased employee’s or retiree’s recognition and support of the child.
§ 843.407 Disabilities.
A child is eligible for continued annuity because the child is incapable of
self-support if the Social Security Administration finds that the child is eligible for continued social security
child’s benefits because the child is incapable of self-support.
§ 843.408 Commencing
and
terminating dates of child annuities.
(a) An annuity under this subpart—
(1) Commences on the day after the
retiree or employee dies;
(2) Commences or resumes on the
first day of the month in which the
child later becomes or again becomes a
student as described by § 843.313, if any
lump sum paid is returned to the Civil
Service Retirement Fund; or
(3) Commences or resumes on the
first day of the month in which the
child later becomes or again becomes
incapable of self-support because of a
mental or physical disability incurred
before age 18 (or a later recurrence of

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§ 843.409

5 CFR Ch. I (1–1–12 Edition)

such disability), if any lump sum is returned to the Fund.
(b) An annuity under this subpart
terminates on the last day of the
month before the child—
(1) Becomes 18 years of age unless he
or she is a student as described in
§ 843.410 or is incapable of self-support;
(2) Becomes capable of self-support
after becoming 18 years of age unless
he or she is a student as described in
§ 843.410;
(3) Becomes 22 years of age if he or
she is a student as described in § 843.410
and—
(i) Capable of self-support; or
(ii) Incapable of self-support because
of a mental or physical disability incurred after age 18;
(4) Ceases to be such a student as described in § 843.410 after becoming 18
years of age unless he or she is incapable of self-support; or
(5) Dies or marries.
(c) A survivor annuity accrues on a
daily basis, one-thirtieth of the monthly rate constituting the daily rate. An
annuity does not accrue for the 31st
day of any month, except in the initial
month if the survivor’s (of a deceased
employee) annuity commences on the
31st day. For accrual purposes, the last
day of a 28-day month constitutes 3
days and the last day of a 29-day month
constitutes 2 days.
§ 843.409 Rates of annuities.
(a) For each month, the amount of
annuity payable to each surviving
child under this subpart is—
(1) The difference between the basic
child’s annuity rate for that month and
the total amount of child’s insurance
benefits under title II of the Social Security Act payable for that month to
all children of the employee or retiree
based on the total earnings (including
any non-Federal wages or self employment subject to FICA taxes) of the employee or retiree;
(2) Divided by the total number of
children entitled to annuity based on
the service of that employee or retiree.
(b) On the death of the current
spouse or the former spouse or termination of the annuity of a child, the
annuity of any other child or children
is recomputed and paid as though the
spouse, former spouse, or child had not

survived the former employee or Member.
§ 843.410 Annuity for a child age 18 to
22 during full-time school attendance.
(a) General requirements for an annuity. (1) For a child age 18 to 22 to be eligible to receive an annuity as a fulltime student, the child must also meet
all other requirements applicable to
qualify for an annuity by a child who
has not attained age 18.
(2) In addition to the requirements of
paragraph (a)(1) of this section, OPM
must receive certification, in a form
prescribed by OPM, that the child is
regularly pursuing a full-time course of
study in an accredited institution.
(b) Full-time course of study. (1) Generally, a full-time course of study is a
noncorrespondence course which, if
successfully completed, will lead to
completion of the education within the
period generally accepted as minimum
for completion, by a full-time day student, of the academic or training program concerned.
(2) A certification by an accredited
institution that the student’s workload
is sufficient to constitute a full-time
course of study for the program in
which the student is enrolled is prima
facie evidence that the student is pursuing a full-time course of study.
(c) Certification of school attendance.
(1) OPM may periodically request the
recipient of a child’s annuity payments
to furnish certification of school attendance. The certification must be
completed in the form prescribed by
OPM.
(2) If OPM requests the recipient of a
child’s annuity payments to provide a
self-certification of school attendance,
the recipient must complete and sign
the certification form.
(3) If OPM requests the recipient of a
child’s annuity payments to provide a
certification by the school, the certification must be signed by an official
who is either in charge of the school or
in charge of the school’s records. OPM
will not accept certification forms
signed by instructors, counselors,
aides, roommates, or others not in
charge of the school or the records.

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Office of Personnel Management

§ 843.502

(i) If the educational institution is
above the high school level, the certification must be signed by the president
or chancellor, vice president or vice
chancellor, dean or assistant dean, registrar or administrator, assistant registrar or assistant administrator, or
the equivalent.
(ii) If the educational institution is
at the high school level, the certification must be signed by the superintendent of schools, assistant superintendent of schools, principal, vice
principal, assistant principal, or the
equivalent.
(iii) If the educational institution is
a technical or trade school, the certification must be signed by the president,
vice president, director, assistant director, or the equivalent.
(4) OPM will accept a facsimile signature of a school official only if it is accompanied by a raised seal of the institution or other evidence clearly demonstrating the authenticity of the certification and making unauthorized use
of the signature stamp unlikely.
(d) Continuation of annuity during interim breaks. A child’s annuity continues during interim breaks between
school years if the following conditions
are satisfied:
(1) The student must have been a
full-time student at the end of the
school term immediately before the
break.
(2) The break between the end of the
last term of full-time attendance and
the return to full-time attendance
must not exceed 5 months. (See § 841.109
of this chapter, concerning calculation
of this time period.)
(3) The recipient of a child’s annuity
payments must show that the student
has a bona fide intent to return to
school as a full-time student immediately after the break. The full-time
certification for the period term and
the certification (in a form prescribed
by OPM) by the recipient of a child’s
annuity payments that the student intends to return to school (immediately
after the break) as a full-time student
constitute prima facie evidence of a
bona fide intent to return to school.
(e) Benefits after age 22. (1) A student’s eligibility for a child’s annuity
terminates based on reaching age 22
on—

(i) June 30 of the calendar year of the
child’s 22nd birthday if the child’s
birthday is before July 1; or
(ii) The last day of the month before
the child’s 22nd birthday if the child’s
birthday occurs after June 30 but before September 1 of the calendar year;
or
(iii) June 30 of the year after the one
in which the child attains age 22 if the
child’s birthday is after August 31 of
the calendar year.
(2)(i) An otherwise eligible child who
becomes a full-time student after his or
her 22nd birthday but before the date
the annuity terminates under paragraph (e)(1) of this section is eligible
for annuity while he or she is a fulltime student until the termination
date under paragraph (e)(1) of this section.
(ii) An otherwise eligible child who is
a full-time student, and whose parent
dies after the child’s 22nd birthday but
before the date the annuity terminates
under paragraph (e)(1) of this section,
is eligible for annuity while he or she is
a full-time student after the death of
the parent until the termination date
under paragraph (e)(1) of this section.
[58 FR 32052, June 8, 1993]

§ 843.411 Direct payments to children.
For purposes of section 8466(c) of title
5, United States Code, persons who
have attained age 18 are considered
adults, regardless of the age of majority in the jurisdiction in which they reside.

Subpart E—Insurable Interest
Annuities
§ 843.501 Purpose.
This subpart explains the benefit
payable under FERS to an insurable interest beneficiary based on the death of
a retiree who elected to take an annuity reduction to provide such benefits.
§ 843.502 Eligibility.
An insurable interest beneficiary is
eligible for an annuity under this subpart upon the death of a retiree if the
retiree had elected (under § 842.606 of
this chapter) to receive an insurable interest rate with the insurable interest
beneficiary as his or her survivor.

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