§ 841.204 Deemed application to protect survivors

5 CFR 841.204(a)(a) A former employee is deemed to have filed an application for annuity if the former employee—

5 CFR 841.204(a)(1)(1) Was not reemployed in a position subject to FERS under subpart A of part 842 of this chapter on the date of death;

5 CFR 841.204(a)(2)(2) Dies after separation from Federal service but before actually filing an application for benefits; and

5 CFR 841.204(a)(3)(3) At the time of separation from Federal service, was eligible for an immediate annuity under § 842.204(a)(1) and was eligible to elect to postpone the commencing date of that annuity under § 842.204(c) of this chapter.

5 CFR 841.204(b)(b) For the purpose of determining entitlement to a survivor annuity, a former employee who is deemed to have filed an application under paragraph (a) of this section is considered to have died as a retiree.

5 CFR 841.204(c)(c) For purposes of determining the amount of a survivor annuity, the annuity of a former employee who, under paragraph (a) of this section, is deemed to have filed an application is computed as though the commencing date were the first day of the month after the former employee's death.