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§ 843.406 Proof of dependency
Regulation
5 CFR 843.406
Text
16 passages
5 CFR 843.406(a)(a) A child is considered to have been dependent on the deceased employee or retiree if he or she is—
5 CFR 843.406(a)(1)(1) A legitimate child; or
5 CFR 843.406(a)(2)(2) An adopted child; or
5 CFR 843.406(a)(3)(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
5 CFR 843.406(a)(4)(4) A recognized natural child for whom a judicial determination of support was obtained; or
5 CFR 843.406(a)(5)(5) A recognized natural child to whose support the employee or retiree made regular and substantial contributions.
5 CFR 843.406(b)(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.
5 CFR 843.406(b)(1)(1) Evidence of eligibility as a dependent child for benefits under other State or Federal programs;
5 CFR 843.406(b)(2)(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;
5 CFR 843.406(b)(3)(3) Cancelled checks, money orders, or receipts for periodic payments received from the employee or retiree for or on behalf of the child;
5 CFR 843.406(b)(4)(4) Evidence of goods or services that show regular contributions of considerable value;
5 CFR 843.406(b)(5)(5) 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 843.406(b)(6)(6) Other proof of a similar nature that OPM may find to be sufficient to demonstrate support or parentage.
5 CFR 843.406(c)(c) Survivor benefits may be denied—
5 CFR 843.406(c)(1)(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
5 CFR 843.406(c)(2)(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.
About
- Type
- Regulation section
- Citation
- 5 CFR 843.406
- Last amended
- 2017-01-01
Amendment history
- 2017-01-01Proof of dependency
Cited by
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- Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated EmployeesFederal Register · 2011-08-23
- Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated EmployeesFederal Register · 2007-12-19
- Federal Employees' Retirement System; Death Benefits and Employee RefundsFederal Register · 2004-12-01
- Retirement Coverage and Service Credit Elections Available to Current and Former Nonappropriated Fund EmployeesFederal Register · 2003-01-16