§2002 Definitions Relating to Participants and Annuitants

Summary

Defines who counts as different people under the Agency’s retirement rules and what kinds of children qualify for survivor or dependent benefits. Former participant means someone who was in the system while working for the Agency but left before getting an annuity. Retired participant means someone who was in the system while working for the Agency and now gets an annuity based on that service. Surviving spouse means the husband or wife of a participant or retired participant who was married at least 9 months before the participant’s death, or who is the parent of a child from the marriage; the 9‑month rule is waived if the death was accidental or the couple’s earlier marriages together add up to at least 9 months. Former spouse means a divorced spouse who was married to the participant for at least 10 years during creditable service, with at least 5 of those years either spent outside the United States (for divorces final on or before December 4, 1991) or spent by the participant outside the United States or in a qualifying Agency position (for divorces final after that date). Creditable service means the service periods counted under sections 2081–2083. Previous spouse means someone married at least 9 months to a participant who had at least 18 months of creditable service. Spousal agreement must be written, signed, notarized, unchanged by court order, and authenticated by the Director. Court order means a divorce, annulment, or legal separation decree or related property settlement. Court includes State courts, DC, Puerto Rico, Guam, Northern Mariana Islands, the Virgin Islands, and Indian courts. For sections 2031 and 2052, child means an unmarried dependent child under 18 (including adopted, certain stepchildren, recognized natural children, and children with pending adoptions later completed by the surviving spouse), an unmarried dependent child of any age who is disabled from a condition that began before age 18, or an unmarried dependent student aged 18–22 in full‑time residence study. If a student’s 22nd birthday falls before July 1 or after August 31 while they are enrolled full time, treat them as turning 22 on the next July 1. A school break up to 5 months does not end student status if the child intends to return. Dependent means the child lived with or was supported by the participant at the participant’s death under the rules. For section 2071(c), child includes adopted and natural children but not stepchildren.