5 U.S.C. § 8441 — Definitions
submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 452 words · no verdicts yet
This section defines four terms used in the Federal Employees Retirement System survivor-benefit rules: "widow," "widower," "dependent," and "child." Each term sets specific conditions, like how long a marriage lasted or a child's age and school status. These definitions decide who counts as a family survivor entitled to benefits.
This section defines terms used in this subchapter.
(1) "Widow" means the surviving wife of an employee*, Member*, annuitant*, former employee, or former Member. She counts as a widow if she was married to him for at least 9 months right before his death, or if she is the mother of a child from that marriage.
(2) "Widower" means the surviving husband of an employee, Member, annuitant, former employee, or former Member. He counts as a widower if he was married to her for at least 9 months right before her death, or if he is the father of a child from that marriage.
(3) "Dependent," when talking about a child, means that at the time the employee, Member, or annuitant died, that person was either living with the child or helping support the child. The Office* of Personnel Management decides how this is determined, through regulations.
(4) "Child" means:
(A) An unmarried dependent child under 18. This includes an adopted child; a stepchild, but only if the stepchild lived with the employee, Member, or annuitant in a real parent-child relationship; a recognized natural (biological) child; and a child who lived with the employee, Member, or annuitant and for whom that person had filed an adoption petition, if the child is later adopted by that person's widow or widower after the death.
(B) An unmarried dependent child of any age who cannot support themselves because of a mental or physical disability that started before age 18.
(C) An unmarried dependent child between 18 and 22 who is a full-time student at a high school, trade school, technical or vocational school, junior college, college, university, or similar school.
Two extra rules apply to the age-22 student category in (C), and also to section 8443: First, if a student's 22nd birthday falls before July 1 or after August 31, the student is treated as turning 22 on the following July 1 instead of on the actual birthday. Second, a student is not treated as having stopped being a student during a break between school years, as long as the break is no more than 5 months and the student satisfies the Office that they genuinely intend to keep studying at the same or a different school in the next term.
For the purpose of this subchapter—
the term “widow” means the surviving wife of an employee*, Member*, or annuitant*, or of a former employee or Member, who—
was married to him for at least 9 months immediately before his death; or
is the mother of issue by that marriage;
the term “widower” means the surviving husband of an employee, Member, or annuitant, or of a former employee or Member, who—
was married to her for at least 9 months immediately before her death; or
is the father of issue by that marriage;
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
the term “child” means—
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;
such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
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.
Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 558.)
- 1986Enacted · Pub. L. 99-335 · 100 Stat. 558
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-335 on 1986-06-06.
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