Title 5 — Government Organization and EmployeesRelease 119-73

§8441 Definitions

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 84— - FEDERAL EMPLOYEES’ RETIREMENT SYSTEM › Subchapter SUBCHAPTER IV— - SURVIVOR ANNUITIES › § 8441

Last updated Apr 6, 2026|Official source

Summary

Defines who counts as a widow, widower, dependent, and child for benefits under this part. A widow is a surviving wife of an employee, Member, or annuitant (or a former one) who was married to him for at least 9 months before his death or who is the mother of children from that marriage. A widower is a surviving husband with the same 9-month or parent-of-children rules. Dependent, for a child, means the employee, Member, or annuitant was living with or helping support the child when the employee died, as the Office’s rules say. Child means an unmarried dependent who is either under 18 (including adopted children, stepchildren who lived with the employee as a parent, recognized natural children, and children with an adoption petition filed by the employee who are later adopted by the surviving spouse), any age if disabled and disabled before age 18 so they cannot support themselves, or between 18 and 22 if they are a full-time student living at the school.

Full Legal Text

Title 5, §8441

Government Organization and Employees — Source: USLM XML via OLRC

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8441

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73