
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8443]

 
             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. 8443. Rights of a child

    (a)(1) If an employee or Member dies after completing at least 18 
months of civilian service which is creditable under section 8411, or an 
annuitant dies, each surviving child is, for any month, entitled to an 
annuity equal to--
        (A) the amount by which the applicable amount under paragraph 
    (2) for such month exceeds the applicable amount under paragraph (3) 
    for such month, divided by
        (B) the number of children entitled to a payment under this 
    section for such month.

    (2) The applicable amount under this paragraph for any month is the 
total amount to which the surviving child or children (as the case may 
be) of the annuitant, employee, or Member would be entitled for such 
month under subchapter III of chapter 83 (including any adjustment based 
on section 8340) based on the service of such annuitant, employee, or 
Member, if the service of such annuitant, employee, or Member were 
creditable under such subchapter.
    (3) The applicable amount under this paragraph for any month is the 
total amount of child's insurance benefits which are payable (or would, 
on proper application, be payable) under title II of the Social Security 
Act for such month based on the wages and self-employment income of such 
annuitant, employee, or Member.
    (b) The annuity of a child under this subchapter--
        (1) commences on the day after the annuitant, employee, or 
    Member dies;
        (2) commences or resumes on the first day of the month in which 
    the child later becomes or again becomes a student as described by 
    section 8441(4), if any lump sum paid is returned to the Fund; or
        (3) commences or resumes on the first day of the month in which 
    the child later becomes or again becomes incapable of self-support 
    because of a mental or physical disability incurred before age 18 
    (or a later recurrence of such disability), if any lump sum paid is 
    returned to the Fund.

This annuity and the right thereto terminate on the last day of the 
month before the child--
        (A) becomes 18 years of age unless then a student as described 
    or incapable of self-support;
        (B) becomes capable of self-support after becoming 18 years of 
    age unless then such a student;
        (C) becomes 22 years of age if then such a student and capable 
    of self-support;
        (D) ceases to be such a student after becoming 18 years of age 
    unless then incapable of self-support; or
        (E) dies or marries;

whichever occurs first. On the death of the surviving wife or husband, 
or former wife or husband, or termination of the annuity of a child, the 
annuity of any other child or children shall be recomputed and paid as 
though the wife or husband, former wife or husband, or child had not 
survived the annuitant, employee, or Member. If the annuity of a child 
under this subchapter terminates under subparagraph (E) because of 
marriage, then, if such marriage ends, such annuity shall resume on the 
first day of the month in which it ends, but only if any lump sum paid 
is returned to the Fund, and that individual is not otherwise ineligible 
for such annuity.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
563; amended Pub. L. 99-556, title I, Sec. 117(a), Oct. 27, 1986, 100 
Stat. 3134; Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, 
Sec. 633(a)(2)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-363.)

                       References in Text

    The Social Security Act, referred to in subsec. (a)(3), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social 
Security Act is classified generally to subchapter II (Sec. 401 et seq.) 
of chapter 7 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see section 1305 of Title 42 and 
Tables.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-208 inserted at end ``If the annuity 
of a child under this subchapter terminates under subparagraph (E) 
because of marriage, then, if such marriage ends, such annuity shall 
resume on the first day of the month in which it ends, but only if any 
lump sum paid is returned to the Fund, and that individual is not 
otherwise ineligible for such annuity.''
    1986--Subsec. (a)(2). Pub. L. 99-556 inserted ``(including any 
adjustment based on section 8340)''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 applicable with respect to termination 
of marriage taking effect before, on, or after Sept. 30, 1996, except 
that benefits are payable only with respect to amounts accruing for 
periods beginning on first day of month beginning after the later of 
termination of marriage or Sept. 30, 1996, see section 101(f) [title VI, 
Sec. 633(b)] of Pub. L. 104-208, set out as a note under section 8341 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 8441, 8462, 8908 of this 
title; title 38 section 7438.
