Title 5 › PART III — EMPLOYEES › Subpart G — Insurance and Annuities › CHAPTER 84 — FEDERAL EMPLOYEES’ RETIREMENT SYSTEM › SUBCHAPTER IV — SURVIVOR ANNUITIES › § 8441
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
Government Organization and Employees, Source: USLM XML via OLRC
Reference
Citation
5 U.S.C. § 8441
Title 5, Government Organization and Employees
Last Updated
Sep 22, 2026
Release point: 119-110