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monthly remuneration" as computed under (1) Determine the number of calenthis paragraph is not a multiple of $1, 1t shall

dar years after 1936 in which $200 or be rounded to the next lower multiple of $1.

more of compensation, wages, or both, With respect to an employee who will have

were paid to the employee. Multiply been awarded a retirement annuity, the term "compensation" shall, for the purposes of

the number of such years by 1 percent this paragraph, mean the compensation on

of the amount computed under subdiwhich such annuity will have been based. vision (i) of this subparagraph. (Section 5(1) (9) of the act)

(iil) Add the figure computed under The term "wages" shall mean wages as subdivision (i) of this subparagraph and defined in section 209 of the Social Security the figure computed under subdivision Act. In addition, the term shall include (1) (ii) of this subparagraph. The sum so “self-employment income" as defined in sec

obtained is the basic amount. If such tion 211(b) of the Social Security Act, and

sum is less than $16.95, it is increased (11) wages deemed to have been paid under section 217 (a) or (e) of the Social Security

to $16.95. Act on account of military service which is (2) Employee completely insured solenot creditable under section 4 of this act. ly because of being a pensioner. (1) It Wages, as defined in this paragraph, shall be the average monthly earnings on which credited for the purposes of this section in

the pension was computed are ascertainthe manner and to the extent credited for

able from the records in the possession corresponding purposes of Title II of the social Security Act. (Section 5(1) (6) of the

of the Board, and if such average act)

monthly earnings do not exceed $75, take (Board Order 64–105, 29 F.R. 11916, Aug. 20,

49 percent of such average monthly 1964)

earnings. If such average monthly earn

ings exceed $75, take 49 percent of $75 $ 237.202 Basic amount.

and add thereto 12 percent of the amount (a) Payments fixed with relation to by which the average monthly earnings basic amount. The amounts of all insur

exceed $75 and do not exceed $300. ance annuities and lump sums, other than a residual lump sum, for survivors (ii) If the average monthly earnings are fixed with relation to the basic on which the pension was computed are amount of the deceased employee on not ascertainable from the records in whose insured status they are condi the possession of the Board, and if the tioned.

pension was $30.25 or more, the basic (b) Computation of basic amount. amount is $40.33; but if the pension was The manner in which a deceased em

less than $30.25, the basic amount is ployee's basic amount is computed de four-thirds of the amount of the pension pends upon the nature of his insured

which was payable at death, or $16.13, status.

whichever is greater. In the case of completely insured em

(3) Employee completely insured soleployees, a distinction is made between

ly because of being an annuitant. If the those whose completely insured status

employee's monthly compensation does was based solely on a current connection

not exceed $75, take 49 percent of such with the railroad industry and the ac

monthly compensation. If the monthly quisition of the required numbers of

compensation exceeds $75, take 49 perquarters of coverage, and those who were

cent of $75 and add thereto 12 percent completely insured solely because of hav

of the amount by which the monthly ing been pensioners or annuitants. The

compensation exceeds $75 and does not computation is made as follows:

exceed $300. This sum is the basic

amount. For the purposes of this sub(1) Employee partially insured or

paragraph, “monthly compensation" completely insured solely because of current connection and quarters of cover

means the monthly compensation which

was used in computing the employee's age. In these cases:

annuity. (i) If the employee's average monthly remuneration does not exceed $75, take

(4) Employees completely insured both

because of being pensioners or an49 percent of such average monthly re

nuitants and also because of current muneration. If the average monthly re connection and quarters of coverage. If muneration exceeds $75, take 49 percent the employee was a pensioner, compare of $75 and add thereto 12 percent of the the amount computed under subparaamount by which the average monthly graph (1) of this paragraph with the remuneration exceeds $75 and does not amount computed under subparagraph exceed $450.

(2) of this paragraph; whichever is

greater is the basic amount. If the em- retirement annuity was payable to the ployee was an annuitant, compare the employee. The result is the divisor amount computed under subparagraph quarters. (1) of this paragraph with the amount (c) Rounding. An average monthly computed under subparagraph (3) of remuneration that is computed under this paragraph; whichever is greater is this section and that is not a multiple of the basic amount.

$1, shall be rounded to the next lower [Board Order 59-232, 25 F.R. 480, Jan, 21, multiple of $1. 1960; 25 FR. 1074, Feb. 6, 1960, as amended (Board Order 59–232, 26 F.R. 481, Jan. 21, by Board Order 62–46, 27 F.R. 4878, Apr. 25, 1960, as amended by Board Order 62-46, 27 1962; Board Order 64-105, 29 F.R. 11917, Aug. F.R. 4878, Apr. 25, 1962) 20, 1964)

$ 237.204 § 237.203 Average monthly remunera

Closing date. tion.

An employee's closing date shall be A decreased employee's average

whichever of the following produces the monthly remuneration is computed by

highest average monthly remuneration dividing his creditable compensation and

as defined in § 237.203: wages by three times the number of his

(a) The first day of the first calendar divisor quarters.

year in which the employee both had (a) Compensation and wages. (1)

attained age 65 and was completely inTake all compensation paid to the em

sured; or ployee, including compensation at

(b) The first day of the calendar year

in which the employee died; or tributable to military service, after 1936 and before the employee's closing date,

(c) The first day of the calendar year excluding any amount in excess of that

following the year in which the employee creditable for a month (see § 222.3 of

died. this chapter).

(Board Order 69-232, 25 F.R. 482, Jan. 21, (2) Where the compensation, includ.

1960 as amended by Board Order 62-46, 27

F.R. 4878, Apr. 25, 1962] ing compensation attributable to military service, for any calendar year after 1936 8237.205 Reduction because of military and through 1954 and before the em

service used for other benefits. ployee's closing date is less than $3,600, wages as defined in section 5(1) (6) of

When any other gratuitous benefit is the act in an amount not to exceed the

payable on a periodic basis under andifference between such compensation

other act of Congress on the basis of for the year and $3,600 shall be included.

military service which has been used in Where such compensation for any calen

establishing an insured status or in caldar year after 1954 and through 1958

culating the basic amount of a deceased and before the employee's closing date

employee, a survivor insurance annuity, is less than $4,200, such wages in an

based on the employee's insured status, amount not to exceed the difference be

which is payable for all or part of a tween such compensation for the year

month for which such other benefit is and $4,200 shall be included. Where

payable, shall be reduced by such compensation for any calendar year

(a) The proportion that the number after 1958 and before the employee's

of years of service by which such miliclosing date is less than $4,800, such

tary service increases the total years of wages in an amount not to exceed the

service bears to the total years of servdifference between such compensation

ice (including service before 1937), or for the year and $4,800 shall be included.

(b) The aggregate amount of such (b) Divisor quarters. Take the num

other benefit for that month, ber of calendar quarters which have

whichever results in the smaller reducelapsed after 1936 or after the year in

tion; however, where eligibility for the which the employee attained age 22,

insurance annuity exists without the whichever is later, and before the employee's closing date. Add to such

crediting of the military service on the elapsed quarters the number of quarters

basis of which such other benefit is payof coverage credited the employee before

able, the insurance annuity shall not be the year in which he attained age 23.

reduced below the amount which would Subtract from the number of quarters be payable without the crediting of the thus arrived at the number of such quar- military service. ters which are not wage quarters of cov- (Board Order 62-46, 27 F.R. 4878, Apr. 25, erage and during any part of which a 1962]

Subpart C-Family Relationships $ 237.301 Statutory provisions. For the purposes of this section ...

(1) The qualifications for "widow," "wid. ower," "child," and "parent" shall be except for the purposes of subsection (1), those set forth in section 216 (c), (e), and (g), and section 202(h) (8) of the Social Security Act, respectively; and in addition

(1) A "widow" or "widower" shall have been living with the employee at the time of the employee's death; a widower shall have received at least one-half of his support from his wife employee at the time of her death or he shall have received at least onehalf of his support from his wife employee at the time her retirement annuity or pension began.

(11) A "child" shall have been dependent upon its parent employee at the time of his death; shall not be adopted after such death by other than a stepparent, grandparent, aunt, or uncle; shall be unmarried; and shall be less than eighteen years of age, or shall have a permanent physical or mental condition which is such that he is unable to engage in any regular employment: Provided, That such disability began before the child attains age eighteen; and

(111) A "parent" shall have received, at the time of the death of the employee to whom the relationship of parent is claimed, at least one-half of his support from such employee.

A "widow" or "widower" shall be deemed to have been living with the employee if the conditions set forth in section 216(n) (2) or (3), whichever is applicable, of the Social Security Act, as in effect prior to 1957, are fulfilled. A "child" shall be deemed to have been dependent upon a parent if the conditions set forth in section 202 (d) (3), (4), or (5) of the Social Security Act are fulfilled (a partially insured mother being deemed currently insured). In determining for purposes of this section and subsection (f) of section 2 whether an applicant is the wife, husband, widow, widower, child, or parent of an employee as claimed, the rules set forth in section 216(h) (1) of the Social Security Act, as in effect prior to 1957, shall be applied. Such satisfactory proof shall be made from time to time, as prescribed by the Board, of the disability provided in clause (11) of this paragraph and of the continuance, in accordance with regulations prescribed by the Board, of such disability. If the individual fails to comply with the requirements prescribed by the Board as to the proof of the continuance of the disability his right to an annuity shall, except for good cause shown to the Board, cease. Where a woman has qualified for an annuity under this section as a widow, and marries another employee who dies within one year after the marriage, she shall not be disqualified for an annuity under this section as the widow of the second employee by reason of not having been married to the employee for one year; (Section 5(1) (1) of the act).

The term "widow" ... means the surviving wife of an individual, but only if (1) she is the mother of his son or daughter, (2) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (3) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (4) she was married to him at the time both of them legally adopted a child under the age of eighteen, (5) she was married to him for a period of not less than one year immediately prior to the day on which he died, or (6) in the month prior to the month of her marriage to him (A) she was entitled to. or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 202, or (B) she had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section. (Section 216(c) of the Social Security Act.)

The term "child" means (1) the child or legally adopted child of an individual, and (2) a stepchild who has been such stepchild for not less than one year immediately preceding the day on which application for child's Insurance benefits is filled or (11 the insured individual is deceased) the day on which such individual died. For purposer of clause (1), a person shall be deemed, as of the date of death of an individual, te be the legally adopted child of such in. dividual if such person was at the time of such individual's death living in such individual's household and was legally adopted by such individual's surviving spouse after such individual's death but before the end of two years after the day on which such individual died or the date of enactment of this Act; except that this sentence shall not apply 11 at the time of such individual's death such person was receiving regular contributions toward his support from someone other than such individual or his spouse, or from any public or private welfare organization which furnishes services or assistance for children. For purposes of clause (2), a person who is not the stepchild of an individual shall be deemed the stepchild of such individual 11 such individual was not the mother or adopting mother or the father or adopting father of such person and such individual and the mother or adopting mother, or the father or adopting father, as the case may be, of such person went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of subsection (h) (1) (B), would have been a valid marriage. (Section 216(e) of the Social Security Act)

The term "widower" ... means the surviving husband of an individual, but only if (1) he is the father of her son or daughter, (2) he legally adopted her son or daughter

while he was married to her and while such son or daughter was under the age of eighteen, (3) she legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of eighteen, (4) he was married to her at the time both of them legally adopted a child under the age of eighteen, (5) he was married to her for a period of not less than one year immediately prior to the day on which she died, or (6) in the month before the month of his marriage to her (A) he was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 202, or (B) he had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section. (Section 216 (g) of the Social Security Act)

As used in this subsection, the term “parent" means the mother or father of an individual, a stepparent of an individual by a marriage contracted before such individual attained the age of sixteen, or an adopting parent by whom an individual was adopted before he attained the age of sixteen. (Section 202(h) (3), 64 Stat. 487; 42 U.S.C. 402)

In determining whether an applicant is the wife, husband, widow, widower, child, or parent of a fully insured or currently insured individual for purposes of this title, the Secretary shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which such insured individual is domiciled at the time such applicant files application, or, if such insured individual is dead, by the courts of the State in which he was domiciled at the time of his death, or if such insured individual is or was not so domiciled in any State, by the courts of the District of Columbia. Applicants who according to such law would have the same status relative to taking intestate personal property as a wife, husband, widow, widower, child, or parent shall be deemed such. (Section 216(h) (1) of the Social Security Act, as in effect prior to 1957)

• * * a widow shall be deemed to have been living with her husband at the time of his death if they were both members of the same household on the date of his death, or she was receiving regular contributions from him toward her support on such date, or he had been ordered by any court to contribute to her support. (Section 216(1)(2) of the Social Security Act, as in effect prior to 1957)

... a widower shall be deemed to have been living with his wife at the time of her death if they were both members of the same household on the date of her death, or he was receiving regular contributions from her toward his support on such date, or she had been ordered by any court to contribute to his support. (Section 216(b) (3) of the Social Security Act, as in effect prior to 1957)

A child shall be deemed dependent upon his father or adopting father ... unless ... such individual was not living with or contributing to the support of such child and

(A) Such child is neither the legitimate por adopted child of such individual, or

(B) Such child had been adopted by some other individual.

For purposes of this paragraph, a child deemed to be a child of a fully or currently insured individual pursuant to section 216 (h) (2) (B) shall, if such individual is the child's father, be deemed to be the legitimate child of such individual. (Section 202 (d) (3) of the Social Security Act)

A child shall be deemed dependent upon his stepfather • • • i • • * the child was living with or was receiving at least one-hall of his support from such stepfather. (Section 202(d) (4), 64 Stat. 484; 42 U.S.C. 402)

A child shall be deemed dependent upon his natural or adopting mother *•. If such mother or adopting mother was a currently insured individual. A child shall also be deemed dependent upon his natural or adopting mother, or upon his stepmother, . ** if . . . (A) she was living with or contributing to the support of such child, and (B) either (1) such child was neither living with nor receiving contributions from his father or adopting father, or (11) such child was receiving at least one-half of his support from her. (Section 202(d) (5), 64 Stat. 484; 42 U.S.C. 402) (Board Order 62–130, 27 FR. 10829, Nov. 7 1962] § 237.302 Applicable state law and

status. (a) Applicable state law defined. "Applicable state law" is the law whiclı. the courts of the domicile of the deceased employee, on the basis of whose insured status an individual claims an insurance annuity or lump sum under this part, would apply in deciding who is a widow, widower, child, or parent, when determining the devolution of intestate personal property. The deceased employee's domicile is determined as of the time of his death. If the deceased employee was not domiciled in any state, applicable state law is the law which the courts of the District of Columbia would apply when determining the devolution of such property.

(b) Status under applicable state law. An individual who is not a widow, widower, child, or parent under applicable state law, but who is treated as such under such law for the purpose of determining the devolution of intestate personal property, has the same "status" as a widow, widower, child, or parent. For example, under the law of some

states, an individual who is not a widow because her supposed marriage was void, may nevertheless be treated as a widow under such law, under certain strictly limited conditions. Such an individual has the "status" of a widow. (Board Order 55–89, 20 F.R. 8716, May 27, 1955] § 237.303 Definition of "widow”.

An individual is the "widow" of an employee, as that term is used in section 5 of the act (except as stated in section 237.504(b) under section 5(f) of the act), only if:

(a) She is the widow of the employee, or has the same status as a widow, under applicable state law, and

(b) One of the following requirements is met:

(1) She is the mother of the employee's son or daughter (an individual is the mother of a deceased employee's son or daughter, within the meaning of this subparagraph, if a son or daughter was born to her and such employee, even though such son or daughter died before an application was filed which involved the determination of whether such individual is a "widow," and even though such son or daughter was born after the death of such employee); or

(2) She was married to the employee (became his wife, or acquired inheritable status as such, under applicable State law) for a period of not less than one year immediately prior to the day on which he died; or

(3) She legally adopted the employee's son or daughter while she was married to him and while such son or daughter was under age 18; or

(4) The employee legally adopted her son or daughter while she was married to him and while such son or daughter was under age 18; or

(5) She was married to the employee at the time both of them legally adopted a child under age 18; or

(6) In the month before the month of her marriage to the employee, she was entitled, or on application would have been entitled, to a widow's or a parent's (upon reaching the proper age) or a disabled child's insurance benefit under the Social Security Act; or

(7) She was previously entitled, or on application would have been entitled to an annuity under section 237.406 or 237.408 and marries another employee who dies within one year after the marriage; and

(c) She was living with her husband employee at the time of his death. (Board Order 66-89, 20 F.R. 8716, May 27, 1955, as amended by Board Order 60–59, 25 F.R. 3818, Apr. 30, 1960; Board Order 62–130, 27 F.R. 10829, Nov. 7, 1962) § 237.304 Definition of “widower".

An individual is the "widower" of an employee, as that term is used in section 5 of the act (except as stated in section 237.504(b) under section 5(f) of the act), only if:

(a) He is the widower of the employee, or has the same status as a widower, under applicable state law, and

(b) One of the following requirements is met:

(1) He is the natural father of the employee's son or daughter (an indi. vidual is the father of a deceased employee's son or daughter, within the meaning of this subparagraph, if a son or daughter was born to him and such employee, even though such son or daughter died before an application was filed which involved the determination of whether such individual is & "widower"); or

(2) He was married to the employee (became her husband, or acquired inheritable status as such, under applicable State law) for a period of not less than one year immediately prior to the day on which she died; or

(3) He legally adopted the employee's son or daughter while he was married to her and while such son or daughter was under age 18; or

(4) The employee legally adopted his son or daughter while he was married to her and while such son or daughter was under age 18; or

(5) He was married to the employee at the time both of them legally adopted a child under age 18; or

(6) In the month before the month of his marriage to the employee, he was entitled, or on application would have been entitled, to a widower's or a parent's (upon reaching the proper age) or a disabled child's insurance benefit under the the Social Security Act; and

(c) He was living with his wife employee at the time of her death, and

(d) He was receiving at least onehalf of his support from his wife employee at the time of her death or at the time her retirement annuity or pension began. (Board Order 55-89, 20 F.R. 8716, May 27, i956, as amended by Board Order 60-59, 26 F.R. 3818, Apr. 30, 1960)

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