
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8441]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                    SUBCHAPTER IV--SURVIVOR ANNUITIES
 
Sec. 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, Sec. 101(a), June 6, 1986, 100 Stat. 
558.)

                  Section Referred to in Other Sections

    This section is referred to in sections 8442, 8443 of this title.
