Title 5Government Organization and EmployeesRelease 119-73not60

§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 Apr 3, 2026|Official source

Summary

Defines who can get survivor or dependent status for benefits under this part. A widow is the surviving wife of an employee, Member, or annuitant (or a former one) who was married to him for at least 9 months right before his death, or who is the mother of a child from that marriage. A widower is the surviving husband with the same 9‑month or parent-of-a-child rule. A dependent child means the person was living with or supporting the child when they died, as the Office’s rules say. A child means an unmarried dependent child under 18 (including adopted children, stepchildren who lived as a child in the home, recognized natural children, and children with an adoption filed and later completed by the surviving spouse), an unmarried dependent of any age who became disabled before age 18 and cannot support themself, or an unmarried dependent aged 18 to 22 who is a full‑time, in‑residence student at an approved 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 5Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60