§ 237.305

Definition of “living with”.

A widow shall be deemed to have been living with her husband at the time of his death and a widower living with his wife at the time of her death if, at such time, any one of the three following conditions existed:

(a) If the husband and wife were at such time members of the same household.

A husband and wife were members of the same household if they were living together, and customarily lived together, in the same place of abode.

A husband and wife who customarily lived together in the same place of abode but who were not actually doing so at such time, may nevertheless be members of the same household, if they were apart only temporarily and intended to resume living together in the same place of abode.

(b) If, at such time, the wife was receiving regular contributions from her husband toward her support or the husband receiving regular contributions from his wife toward his support.

Contributions must be substantial, and may be made in cash or other medium. In determining the sufficiency of contributions under this paragraph, the surrounding circumstances with respect to both the time when contributions are made and the amount thereof shall be taken into consideration.

(c) If, at such time, the husband had been ordered by any court to contribute to his wife's support or the wife ordered by any court to contribute to her husband's support.

This condition is met if the husband was legally obligated to contribute to the support of his wife or the wife to the support of her husband at such time by virtue of any order, judgment, or decree of a court of competent jurisdiction, regardless of whether he or she actually made any such contribution. In determining the existence of such a legal obligation, any such order, judgment, or decree shall be considered as in full force and effect unless it had expired or had been vacated.

[Board Order 55-89, 20 F.R. 8716, May 27, 1955]

§ 237.306 Definition of "child".

An individual is a "child," as that term is used in section 5 of the act (except as stated in § 237.504 (b) under section 5 (f) of the act), if he falls in one of the three classes described in paragraph (a)

of this section, and if he meets all four of the requirements set out in paragraph (b) of this section.

(a) Classes. For the purposes of this section, individuals are classified as follows:

(1) Children. A son or daughter (by blood) of a deceased employee, who is the child of such deceased employee, or has the same status as a child, under applicable state law, is a "child" of such employee.

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(2) Stepchildren. (i) An individual who is the stepchild of a deceased employee by virtue of a marriage valid under applicable State law, which was contracted not less than 1 year immediately preceding the day on which the employee died, is a "child" of such employee. (ii) Effective for annuities beginning after August 1960 individual is deemed to be the stepchild of a deceased employee if his natural or adopting parent went through a marriage ceremony with the employee (who is not his natural or adopting parent) which would be valid but for a legal impediment resulting from an undissolved prior marriage or arising out of the prior marriage or its dissolution, or from a defect in the procedure followed in effecting the marriage.

(3) Adopted children. An individual who was legally adopted by a deceased employee, in accordance with applicable State law, is a "child" of such employee. An individual is deemed to be an employee's legally adopted "child" if he was living in the employee's household at the time of the employee's death and was legally adopted by the employee's surviving spouse after the employee died but prior to the end of two years after the date of the employee's death or after August 28, 1958, whichever date is later. An individual is not so deemed, however, if at the time of the employee's death he was receiving regular contributions toward his support from someone other than the employee or the employee's spouse, or from any public or private welfare organization which furnishes services or assistance for children.

(b) Requirements. An individual must meet all four of the following requirements in order to be a "child" for the purposes of this section:

(1) The individual must have been dependent upon his parent employee at the time of the employee's death.

(2) The individual shall not have been adopted after the employee's death

by other than a stepparent, grandparent, aunt, or uncle.

(3) The individual shall be unmarried. (4) The individual shall be less than 18 years of age, or shall have a permanent physical or mental condition, as that term is defined in § 208.10 of this chapter, which is such as to be disabling for work in any regular employment: Provided, That such disability began before the child attains age 18. Permanent disability for work in any regular employment shall be established in accordance with § 208.17 of this chapter.

[Board Order 55-89, 20 F.R. 3716, 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; Board Order 66-15, 31 FR. 3177, Feb. 26, 1966]

§ 237.307 Definition of upon".

"dependent

(a) Dependency upon a father or adopting father. (1) An individual who has filed an application for a child's insurance annuity based on the insured status of a deceased father or adopting father, who was an employee, is deemed to have been dependent upon such employee at the time of the employee's death if, at such time, such employee was either living with or contributing to the support of such individual.

(2) Even though the employee was not living with or contributing to the support of the individual at the time of the employee's death, the individual is deemed to have been dependent upon such employee at such time if the individual:

(i) Was either the legitimate or adopted child of such employee; and

(ii) Was not then the adopted child of someone else.

The term "legitimate child" as used in subdivision (i) of this subparagraph inIcludes a child who was deemed to be a child under section 216(h) (2) (B) of the Social Security Act.

(b) Dependency upon α mother, adopting mother, or stepmother. An individual who has filed an application for a child's insurance annuity based on the insured status of a deceased mother, adopting mother, or stepmother, who was an employee, is deemed to have been dependent upon such employee at the time of the employee's death if, at such time:

(1) The employee contributed onehalf of the child's support; or

(2) The employee was living with or contributing to the support of the child and the child was neither living with nor receiving contributions from his natural or adopting father; or

(3) The employee, if the child's natural or adopting mother, was a partially insured individual.

(c) Dependency upon a stepfather. An individual who has filed an application for a child's insurance annuity based on the insured status of a deceased stepfather, who was an employee, is deemed to have been dependent upon such employee at the time of the employee's death if, at such time, the individual was either living with or receiving at least one-half of his support from such employee.

[Board Order 55-89, 20 FR. 3717, May 27, 1955, as amended by Board Order 62-130, 27 F.R. 10829, Nov. 7, 1962]

§ 237.308 Definition of "parent".

An individual is a "parent," as that term is used in section 5 of the act (except as stated in § 237.504 (b) under section 5(f) of the act), if he falls in one of the three classes described in paragraph (a) of this section, and if he meets the requirement set out in paragraph (b) of this section.

(a) Classes. For the purposes of this section, individuals are classified as follows:

(1) Parents. A mother or father (by blood) of a deceased employee, who is the parent of such employee, or has the same status as a parent, under applicable state law, is a "parent" of such employee.

(2) Stepparents. An individual who is a stepparent of a deceased employee by reason of a marriage valid under applicable state law, which was contracted before such employee attained the age of 16, is a "parent" of such employee.

(3) Adopting parents. An individual by whom a deceased employee was legally adopted, in accordance with applicable state law, before the employee attained the age of 16, is a "parent" of such employee.

(b) Requirement. An individual, to be entitled to parent's insurance annuity payments, must have received, at the time of the employee's death, at least one-half of his support from such employee.

[Board Order 55-89, 20 F.R. 3717, May 27, 1955]

Subpart D-Insurance Annuity Pay

ments to Survivors

SOURCE: The provisions of this Subpart D contained in Board Order 55–89, 20 F.R. 3717, May 27, 1955; 20 F.R. 6004, Aug. 8, 1955, unless otherwise noted.

§ 237.401 Statutory provisions.

Widow's and widower's insurance annuity. A widow or widower of a completely insured employee, who will have attained the age of sixty, shall be entitled during the remainder of her or his life or, if she or he remarries, then until remarriage to an annuity for each month equal to such employee's basic amount: Provided, however, That if in the month preceding the employee's death the spouse of such employee was entitled to a spouse's annuity under subsection (e) of section 2 in an amount greater than the widow's or widower's insurance annuity, the widow's or widower's insurance annuity shall be increased to such greater amount. Stat. 729, as amended; 45 U. S. C. 228e)

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Widow's current insurance annuity. A widow of a completely or partially insured employee, who is not entitled to an annuity under subsection (a) and who at the time of filing an application for an annuity under this subsection will have in her care a child of such employee entitled to receive an annuity under subsection (c) shall be entitled to an annuity for each month equal to the employee's basic amount. Such annuity shall cease upon her death, upon her remarriage, when she becomes entitled to an annuity under subsection (a), or when no child of the deceased employee is entitled to receive an annuity under subsection (c), whichever occurs first: Provided, however, That if in the month preceding the employee's death the spouse of such employee was entitled to a spouse's annuity under subsection (e) of section 2 in an amount greater than the widow's current insurance annuity, the widow's current insurance annuity shall be increased to such greater amount. (60 Stat. 729, as amended; 45 U. S. C. 228e.)

Child's insurance annuity. Every child of an employee who will have died completely or partially insured shall be entitled, for so long as such child lives and meets the qualifications set forth in paragraph (1) of subsection (1), to an annuity for each month equal to two-thirds of the employee's basic amount. (60 Stat. 729, as amended; 45 U. S. C. 228e)

Parent's insurance annuity. Each parent, sixty years of age or over, of a completely insured employee, who will have died leaving no widow, no widower, and no child, shall be entitled, for life, or, if such parent remarries after the employee's death, then until such remarriage, to an annuity for each month equal to two-thirds of the employee's basic amount. (60 Stat. 729, as amended, 45 U.S. C. 228e)

When there is more than one employee with respect to whose death a parent or child is entitled to an annuity for a month, such annuity shall be two-thirds of whichever employee's basic amount is greatest. (60 Stat. 729, as amended; 45 U. S. C. 228e)

Correlation of payments. (1) An individual, entitled on applying therefor to receive for a month before January 1, 1947, an insurance benefit under the Social Security Act on the basis of an employee's wages, which benefit is greater in amount than would be an annuity for such individual under this section with respect to the death of such employee, shall not be entitled to such annuity. An individual, entitled on applying therefor to any annuity or lump sum under this section with respect to the death of an employee, shall not be entitled to a lump-sum death payment or, for a month beginning on or after January 1, 1947, to any insurance benefits under the Social Security Act on the basis of the wages of the same employee.

(2) If an individual is entitled to more than one annuity for a month under this section, such individual shall be entitled only to that one of such annuities for a month which is equal to or exceeds any other such annuity. (Section 5(g) of the act)

(3) In the case of any individual receiving or entitled to receive an annuity under this section on the day prior to the date of enactment of the provisions of this paragraph, the application of paragraph (2) of this subsection to such individual shall not operate to reduce the sum of (A) the annuity under this section of such individual, (B) the retirement annuity, if any, of such individual, and (C) the benefits under the Social Security Act which such individual receives or is entitled to receive, to an amount less than such sum was before the enactment of the provisions of this paragraph. (60 Stat. 730; 45 U. S. C. 228e)

When annuities begin and end. No individual shall be entitled to receive an annuity under this section for any month before January 1, 1947. An application for any payment under this section shall be made and filled in such manner and form as the Board prescribes. An annuity under this section for an individual otherwise entitled thereto shall begin with the month in which eligibility therefor was otherwise acquired, but not earlier than the first day of the twelfth month before the month in which the application was filled. No application for an annuity under this section filled prior to three months before the first month for which the applicant becomes otherwise entitled to receive such annuity shall be accepted. No annuity shall be payable for the month in which the recipient thereof ceases to be qualified therefor. (60 Stat. 732; 45 U. S. C. 228e)

[Board Order 55-89, 20 F.R. 3717, May 27, 1955, as amended by Board Order 60-59, 25 F.R. 3819, Apr. 30, 1960]

§ 237.404

Only one insurance annuity to an individual.

If an individual is entitled to more than one kind of insurance annuity for a month, he shall be entitled to only one of such annuities. The amount of the annuity to which such individual is entitled shall not be less than any other insurance annuity to which he would be entitled except for this section.

§ 237.406 Widow's insurance annuity.

(a) Conditions of entitlement. Subject to the provisions of § 237.411, an individual is entitled to a widow's insurance annuity if she:

(1) Is the widow, as defined in § 237.303, of an employee who, at the time of his death, was completely insured; and

(2) Was not entitled, and would not have been entitled even if she had applied therefor, to receive, for a month before January 1, 1947, an insurance benefit under the Social Security Act based on the deceased employee's wages and in an amount greater than the widow's insurance annuity would be; and (3) Has attained the age of 60; and (4) Has not remarried. (b) Duration of annuity. the provisions of § 237.411, an individual is entitled to a widow's insurance annuity for each month beginning with the first month after December 1946 in which all of the conditions of entitlement are satisfied. The last month for which she is entitled to such annuity is the month immediately preceding the first month in which either of the following events occurs:

(1) She remarries; or (2) She dies.

Subject to

(c) Rate of annuity. A widow's insurance annuity for a month is equal to the basic amount of the deceased employee, except that if in the month preceding the employee's death she was entitled to a spouse's annuity which, before any increase under § 225.6 of this chapter, was in an amount greater than her insurance annuity, her insurance annuity shall be increased to such greater amount. The rate shall be adjusted as provided in §§ 237.205 and 237.404 and Subpart F of this part.

§ 237.407 Widower's insurance annuity.

(a) Conditions of entitlement. Subject to the provisions of § 237.411, an individual is entitled to a widower's insurance annuity if he:

(1) Is the widower, as defined in § 237.304, of an employee who, at the time of her death, was completely insured; and

(2) Has attained the age of 60; and
(3) Has not remarried.

(b) Duration of annuity. Subject to the provisions of § 237.411, an individual is entitled to a widower's insurance annuity for each month beginning with the first month after October 1951 in which all of the conditions of entitlement are satisfied. The last month for which he is entitled to such annuity is the month immediately preceding the first month in which either of the following events occurs:

(1) He remarries; or
(2) He dies.

(c) Rate of annuity. A widower's insurance annuity for a month is equal to the basic amount of the deceased employee, except that if in the month preceding the employee's death he was entitled to a spouse's annuity which, before any increase under § 225.6 of this chapter, was in an amount greater than his insurance annuity, his insurance annuity shall be increased to such greater amount. The rate shall be adjusted as provided in §§ 237.205 and 237.404 and Subpart F of this part.

§ 237.408 Widow's current insurance annuity.

(a) Conditions of entitlement. Subject to the provisions of § 237.411, an individual is entitled to a widow's current insurance annuity if she:

(1) Is the widow, as defined in § 237.303, of an employee who, at the time of his death, was completely insured or partially insured; and

(2) Was not entitled, and would not have been entitled even if she had applied therefor, to receive, for a month before January 1, 1947, an insurance benefit under the Social Security Act based on the deceased employee's wages and in an amount greater than the widow's current insurance annuity would be; and

(3) Has not remarried; and

(4) Is not entitled to a widow's insurance annuity; and

(5) Has in her care, at the time of filing her application, a child of her deceased husband entitled to receive a child's insurance annuity.

(b) Duration of annuity. Subject to the provisions of § 237.411, an individual is entitled to a widow's current insurance annuity for each month beginning with

the first month after December 1946 in which all of the conditions of entitlement are satisfied. The last month for which she is entitled to such annuity is the month immediately preceding the first month in which any of the following events occurs:

(1) No child of her deceased husband is entitled to a child's insurance annuity;

or

(2) She becomes entitled to a widow's insurance annuity; or

(3) She remarries; or

(4) She dies.

(c) Rate of annuity. A widow's current insurance annuity for a month is equal to the basic amount of the deceased employee, except that if in the month preceding the employee's death she was entitled to a spouse's annuity which, before any increase under § 225.6 of this chapter, was in an amount greater than her insurance annuity, her insurance annuity shall be increased to such greater amount. The rate shall be adjusted as provided in §§ 237.205 and 237.404 and Subpart F of this part.

A

(d) Meaning of "in her care." widow has a child "in her care" within the meaning of paragraph (a) (5) of this section if she takes parental responsibility for the welfare and care of such child, even though she does not live in the same home with the child.

§ 237.409 Child's insurance annuity.

(a) Conditions of entitlement. Subject to the provisions of § 237.411, an individual is entitled to a child's insurance annuity if he:

(1) Is a child, as defined in § 237.306, of an employee who, at the time of his death, was completely insured or partially insured; and

(2) Was not entitled, and would not have been entitled even if he had applied therefor, to receive, for a month before January 1, 1947, an insurance benefit under the Social Security Act based on the deceased employee's wages and in an amount greater than the child's insurance annuity would be.

(b) Duration of annuity. Subject to the provisions of § 237.411, an individual is entitled to a child's insurance annuity for each month beginning with the first month after December 1946 in which all of the conditions of entitlement are satisfied. If the child is born after the death of the employee on whose insured status the child's insurance annuity is based, the first month for which the

(c) Rate of annuity. A child's insurance annuity for a month is equal to two-thirds of the basic amount of the deceased employee. If the child is entitled to a child's insurance annuity with respect to more than one deceased employee, his child's insurance annuity shall be two-thirds of the basic amount of whichever employee's basic amount is greatest. The rate shall be adjusted in accordance with §§ 237.205 and 237.404 and Subpart F of this part.

§ 237.410 Parent's insurance annuity.

(a) Conditions of entitlement. Subject to the provisions of § 237.411, an individual is entitled to a parent's insurance annuity if such individual:

(1) Is the parent, as defined in § 237.308, of an employee who, at the time of his death, was completely insured and was not survived by a widow, widower, or a child as defined in §§ 237.303, 237.304, 237.306, respectively; and

(2) Was not entitled, and would not have been entitled even if he had applied therefor, to receive, for a month before January 1, 1947, an insurance benefit under the Social Security Act based on the deceased employee's wages and in an amount greater than the parent's insurance annuity would be; and

(3) Has attained the age of 60; and (4) Has not remarried since the death of the deceased employee.

Each parent of a deceased employee who had a completely insured status may become entitled to insurance annuities under this section.

(b) Duration of annuity. Subject to the provisions of § 237.411, an individual is entitled to a parent's insurance annuity for each month beginning with