5 U.S.C. § 8441

Definitions

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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.(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 558.)

Notes of Decisions

Cited in 12 cases (5 in the last 5 years), 1989–2024 · leading case: Becker v. Off. of Pers. Mgmt., 853 F.3d 1311 (Fed. Cir. 2017).

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Becker v. Off. of Pers. Mgmt., 853 F.3d 1311 (Fed. Cir. 2017). · cites it 4× “Becker applied for survivor benefits with OPM, but OPM denied her application on the ground that she did not meet the definition of a “widow” under 5 U.S.C. § 8441 (1). That definition identifies a widow as a “surviving wife” who: (1) “was married to [the covered decedent] for…”

Langston v. Off. of Pers. Mgmt., 395 F.3d 1349 (Fed. Cir. 2005). · cites it 5× “Because the Board misinterpreted the meaning of the term “in residence” in 5 U.S.C. § 8441 (4)(C), we reverse. BACKGROUND Barbara Langston was married to Doyle Langston, a federal employee.”

Leslie Womack Real Est., Inc. v. Dunbar (In Re Dunbar), 99 B.R. 320 (Bankr. M.D. La. 1989). “§ 8110 (a) (compensation for dependents of government officers and employees); 5 U.S.C. § 8441 (3) (defining “dependent” for purposes of survivor annuities of government officers and employees); 5 U.”

In Re Rigdon, 133 B.R. 460 (Bankr. S.D. Ill. 1991). “§ 8110 (a) (compensation for dependents of government officers and employees); 5 U.S.C. § 8441 (3) (defining “dependent” for purposes of survivor annuities of government officers and employees); 5 U.”

Douglas J Cincotta v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 4× “at 15-16 ; see 5 U.S.C. §§ 8441 (2)(A), 8442(a)(1), (e); 5 C.”

Bonita Amidon v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 3× “” 5 U.S.C. § 8441 (1). The statute does not further define “marriage” or “wife.”

Sara Corcoran v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 3× “at 110 ; see 5 U.S.C. §§ 8441 (1)(A), 2 As the appellant correctly notes in her petition for review, OPM’s initial decision incorrectly identifies that her application for a survivor annuity was under the Civil Service Retirement System (CSRS), instead of under FERS.”

Hildaura Quiros v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “vailable appeal rights, the Merit Systems Protection Board does not provide legal advice on which option is most appropriate for your situation and the rights described below do not represent a 2 In finding that the appellant was not entitled to a survivor annuity, the…”

Leisa Merritt v. Off. of Pers. Mgmt. (MSPB 2024). “See 5 U.S.C. §§ 8441 (4)(B), 8443(a)(1); 5 C.”

Almaden v. Off. of Pers. Mgmt., 361 F. App'x 147 (Fed. Cir. 2010). “Alma-den’s central argument on appeal is that OPM should consider Mr.”

Charmack v. Off. of Pers. Mgmt., 28 F. App'x 927 (Fed. Cir. 2001). “See 5 U.S.C. § 8441 (2) (2000). Mr. Charmack and Tara made their home in Arizona, and Arizona law determines whether they were married for at least nine months before February 18, 1999.”

Roy v. Off. of Pers. Mgmt., 54 F. App'x 499 (Fed. Cir. 2003). “Nothing in that regulation or the corresponding statutes, 5 U.S.C. §§ 8441 (1), 8441(2), 8442(e), suggests that the survivor of an employee who does not have at least 10 years of civilian service or is not a retired annuitant would be eligible for an annuity under FERS simply…”

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