Title 5, Government Organization and EmployeesRelease 119-110

§8441 Definitions

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

Last updated Sep 22, 2026|Official source

Summary

Defines who counts for survivor and child benefits. It says who is a widow, widower, dependent (for a child), and what counts as a child. It sets rules about marriage length, parentage, age, student status, disability, and short school breaks. Widow: the surviving wife of an employee, Member, or annuitant (or former one) who either was married to him for at least 9 months right before his death or is the mother of children from that marriage. Widower: the surviving husband with the same two rules (9 months married before her death or father of children from that marriage). Dependent (child): the employee or annuitant was living with or helping support the child when the employee died, as the Office’s rules decide. Child: an unmarried dependent who is either under 18 (includes adopted children, stepchildren who lived in a parent‑child role, recognized natural children, and children with adoption papers filed who are later adopted by the surviving spouse), any age if disabled before age 18 and cannot support themselves, or age 18–22 if a full‑time resident student. If a child’s 22nd birthday falls before July 1 or after August 31 while they are studying full time, they are treated as turning 22 on the next July 1. A student on a school break of up to 5 months is still counted as a student if they convince the Office they intend to return.

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.
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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8441

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110