§ 831.671 Proof of eligibility for a child's annuity

5 CFR 831.671(a)(a) Proof of paternity.

5 CFR 831.671(a)(1)(1) A judicial determination of parentage conclusively establishes the paternity of a child.

5 CFR 831.671(a)(2)(2) Except as provided in paragraph (a)(1) 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.

5 CFR 831.671(a)(3)(3) When paternity is not established under paragraph (a)(1) or (a)(2) of this section, paternity is determined by a preponderance of the credible evidence as defined in § 1201.56(c)(2) of this title.

5 CFR 831.671(b)(b) Proof of adoption.

5 CFR 831.671(b)(1)(1) An adopted child is—

5 CFR 831.671(b)(1)(i)(i) A child adopted by the employee or retiree before the death of the employee or retiree; or

5 CFR 831.671(b)(1)(ii)(ii) 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.

5 CFR 831.671(b)(2)(2) The only acceptable evidence to prove status as an adopted child under paragraph (b)(1)(i) of this section is a copy of the judicial decree of adoption.

5 CFR 831.671(b)(3)(3) The only acceptable evidence to prove status as an adopted child under paragraph (b)(1)(ii) of this section is copies of—

5 CFR 831.671(b)(3)(i)(i) The petition for adoption filed by the employee or retiree (clearly showing the date filed); and

5 CFR 831.671(b)(3)(ii)(ii) The judicial decree of adoption.

5 CFR 831.671(c)(c) 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.

5 CFR 831.671(d)(d) Proof of dependency.

5 CFR 831.671(d)(1)(1) A child is presumed to have been dependent on the deceased employee or retiree if he or she is—

5 CFR 831.671(d)(1)(i)(i) A legitimate child; or

5 CFR 831.671(d)(1)(ii)(ii) An adopted child; or

5 CFR 831.671(d)(1)(iii)(iii) 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 retiree's death; or

5 CFR 831.671(d)(1)(iv)(iv) A recognized natural child for whom a judicial determination of support was obtained; or

5 CFR 831.671(d)(1)(v)(v) A recognized natural child to whose support the employee or retiree made regular and substantial contributions.

5 CFR 831.671(d)(2)(2) 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 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.

5 CFR 831.671(d)(2)(i)(i) Evidence of eligibility as a dependent child for benefits under other State or Federal programs;

5 CFR 831.671(d)(2)(ii)(ii) 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;

5 CFR 831.671(d)(2)(iii)(iii) Cancelled checks, money orders, or receipts for periodic payments received from the employee or retiree for or on behalf of the child;

5 CFR 831.671(d)(2)(iv)(iv) Evidence of goods or services that shows regular contributions of considerable value;

5 CFR 831.671(d)(2)(v)(v) Proof of coverage of the child as a family member under the employee's or retiree's Federal Employees Health Benefits enrollment; and

5 CFR 831.671(d)(2)(vi)(vi) Other proof of a similar nature that OPM may find to be sufficient to demonstrate support or parentage.

5 CFR 831.671(d)(3)(3) Survivor benefits may be denied—

5 CFR 831.671(d)(3)(i)(i) 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

5 CFR 831.671(d)(3)(ii)(ii) If evidence casts doubt upon the parentage of the claimant, despite the deceased employee's or retiree's recognition and support of the child.