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$ 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 & widower living with his wite 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 housebold.

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 customariiy 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 86-89, 20 F.R. 8716, May 27, 1965) 8 237.306 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 (1) 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.

(2) Stepchildren. (1) 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 an 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

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by other than a stepparent, grandparent, (2) The employee was living with or aunt, or uncle.

contributing to the support of the child (3) The individual shall be unmarried. and the child was neither living with nor

(4) The individual shall be less than receiving contributions from his nat18 years of age, or shall have a perma ural or adopting father; or nent physical or mental condition, as that (3) The employee, if the child's natterm is defined in § 208.10 of this chapter, ural or adopting mother, was a partially which is such as to be disabling for work insured individual. in any regular employment: Provided, (c) Dependency upon a stepfather. That such disability began before the An individual who has filed an applicachild attains age 18. Permanent disabil tion for a child's insurance annuity based ity for work in any regular employment on the insured status of a deceased stepshall be established in accordance with father, who was an employee, is deemed § 208.17 of this chapter.

to have been dependent upon such em[Board Order 65-89, 20 F.R. 3716, May 27, ployee at the time of the employee's 1955, as amended by Board Order 60-59, 25 death if, at such time, the individual was F.R. 3818, Apr. 80, 1960; Board Order 62–130,

either living with or receiving at least 27 F.R. 10829, Nov. 7, 1962; Board Order

one-half of his support from such 66–15, 31 F.R. 3177, Feb. 26, 1966]

employee. $ 237.307 Definition of "dependent [Board Order 65–89, 20 F.R. 8717, May 27, upon".

1955, as amended by Board Order 62–130, 27

F.R. 10829, Nov. 7, 1962) (a) Dependency upon a father or adopting father. (1) An individual who § 237.308 Definition of “parent”. has filed an application for a child's in

An individual is a "parent," as that surance annuity based on the insured

term is used in section 5 of the act (exstatus of a deceased father or adopting

cept as stated in § 237.504(b) under secfather, who was an employee, is deemed

tion 5(f) of the act), if he falls in one to have been dependent upon such em

of the three classes described in paraployee at the time of the employee's

graph (a) of this section, and if he meets death if, at such time, such employee

the requirement set out in paragraph (b) was either living with or contributing to

of this section. the support of such individual.

(a) Classes. For the purposes of this (2) Even though the employee was not

section, individuals are classified as living with or contributing to the sup

follows: port of the individual at the time of the

(1) Parents. A mother or father (by employee's death, the individual is

blood) of a deceased employee, who is the deemed to have been dependent upon

parent of such employee, or has the same such employee at such time if the individual:

status as a parent, under applicable state (i) Was either the legitimate or

law, is a "parent" of such employee. adopted child of such employee; and

(2) Stepparents. An individual who (ii) Was not then the adopted child

is a stepparent of a deceased employee by of someone else.

reason of a marriage valid under appli

cable state law, which was contracted The term "legitimate child" as used in

before such employee attained the age of subdivision (i) of this subparagraph in

16, is a “parent" of such employee. cludes a child who was deemed to be a

(3) Adopting parents. An individual child under section 216(h) (2) (B) of the

by whom a deceased employee was legally Social Security Act. (b) Dependency upon a mother,

adopted, in accordance with applicable adopting mother, or stepmother. An

state law, before the employee attained individual who has filed an application

the age of 16, is a "parent" of such for a child's insurance annuity based on employee. the insured status of a deceased mother, (b) Requirement. An individual, to adopting mother, or stepmother, who be entitled to parent's insurance annuity was an employee, is deemed to have been payments, must have received, at the dependent upon such employee at the time of the employee's death, at least time of the employee's death if, at such one-half of his support from such emtime:

ployee. (1) The employee contributed one (Board Order 56-89, 20 F.R. 8717, May 27, half of the child's support; or

1955]

Subpart D-Insurance Annuity Pay-,

When there is more than one employee

with respect to whose death a parent or child ments to Survivors

is entitled to an annuity for a month, such SOURCE: The provisions of this Subpart D annuity shall be two-thirds of whichever contained in Board Order 55-89, 20 F.R. 3717, employee's basic amount is greatest. (60 May 27, 1955; 20 F.R. 6004, Aug. 8, 1965, un

Stat. 729, as amended; 45 U. 8. C. 228e) less otherwise noted.

Correlation of payments. (1) An individ

ual, entitled on applying therefor to receive $ 237.401 Statutory provisions.

for a month before January 1, 1947, an inWidow's and widower's insurance annuity.

surance benefit under the Social Security A widow or widower of a completely insured

Act on the basis of an employee's wages, employee, who will have attained the age of

which benefit is greater in amount than sixty, shall be entitled during the remainder

would be an annuity for such individual of her or bis ufe or, 1 she or he remarries,

under this section with respect to the death then until remarriage to an annuity for

of such employee, shall not be entitled to each month equal to such employee's basic

such annuity. An individual, entitled on apamount: Provided, however, that it in the

plying therefor to any annuity or lump sum month preceding the employee's death the

under this section with respect to the death spouse of such employee was entitled to a

of an employee, shall not be entitled to & spouse's annuity under subsection (e) of

lump-sum death payment or, for a month section 2 in an amount greater than the

beginning on or after January 1, 1947, to any widow's or widower's insurance annuity, the

insurance benefits under the Social Security widow's or widower's Insurance annuity shall

Act on the basis of the wages of the same be increased to such greater amount. (60

employee. Stat. 729, as amended; 45 U. S. C. 228e)

(2) If an individual is entitled to more Widow's current insurance annuity. A than one annuity for a month under this widow of a completely or partially insured section, such individual shall be entitled employee, who is not entitled to an annuity only to that one of such annuities for a under subsection (a) and who at the time month which is equal to or exceeds any other of Aling an application for an annuity under such annuity. (Section 5(g) of the act) this subsection will have in her care a child (3) In the case of any individual receiving of such employee entitled to receive an an or entitled to receive an annuity under this quity under subsection (c) shall be entitled section on the day prior to the date of to an annuity for each month equal to the enactment of the provisions of this paraemployee's basic amount. Such annuity graph, the application of paragraph (2) of shall cease upon her death, upon her re this subsection to such individual shall not marriage, when she becomes entitled to an operate to reduce the sum of (A) the anannuity under subsection (a), or when no Quity under this section of such individual, child of the deceased employee is entitled (B) the retirement annuity, 11 any, of such to receive an annuity under subsection (c), individual, and (C) the benefits under the whichever occurs first: Provided, however, Social Security Act which such individual That it in the month preceding the em receives or is entitled to receive, to an ployee's death the spouse of such employee amount less than such sum was before the was entitled to a spouse's annuity under enactment of the provisions of this paresubsection (e) of section 2 in an amount graph. (60 Stat. 780; 45 U.S. C. 228e) greater than the widow's current insurance When annuities begin and end. No indi. annuity, the widow's current insurance vidual shall be entitled to receive an anannuity shall be increased to such greater nuity under this section for any month amount. (60 Stat. 729, as amended; 45 before January 1, 1947. An application for U. 8. C. 228e.)

any payment under this section shall be Child's insurance annuity. Every child of made and filled in such manner and form an employee who will have died completely as the Board prescribes. An annuity under or partially Insured shall be entitled, for so this section for an individual otherwise enlong as such child lives and meets the quall titled thereto shall begin with the month fications set forth in paragraph (1) of sub- in which eligibility therefor was otherwise section (1), to an annuity for each month acquired, but not earlier than the first day of equal to two-thirds of the employee's basic the twelfth month before the month in amount. (60 Stat. 729, as amended; 45 which the application was filled. No applicaU. 8. C. 228e)

tion for an annuity under this section filled Parent's insurance annuity. Each parent, prior to three months before the first month sixty years of age or over, of a completely for which the applicant becomes otherwise Insured employee, who will have died leaving entitled to receive such annuity shall be acno widow, no widower, and no child, shall be cepted. No annuity shall be payable for entitled, for life, or, if such parent remarries the month in which the recipient thereof after the employee's death, then until such ceases to be qualified therefor. (60 Stat. remarriage, to an annuity for each month 782; 45 U. S. C. 2280) squal to two-thirds of the employee's basic (Board Order 55-89, 20 FR. 8717, May 27, amount. (60 Stat. 729, as amended, 45 1965, as amended by Board Order 60-59, 26 U.S. O. 2280)

F.R. 8819, Apr. 80, 1960]

$ 237.404 Only one insurance annuity (1) Is the widower, as defined in to an individual.

§ 237.304, of an employee who, at the If an individual is entitled to more

time of her death, was completely inthan one kind of insurance annuity for

sured; and a month, he shall be entitled to only one

(2) Has attained the age of 60; and of such annuities. The amount of the

(3) Has not remarried.

(b) Duration of annuity. Subject to annuity to which such individual is entitled shall not be less than any other

the provisions of $ 237.411, an individual insurance annuity to which he would be

is entitled to a widower's insurance anentitled except for this section.

nuity for each month beginning with

the first month after October 1951 in $ 237.406 Widow's insurance annuity. which all of the conditions of entitle

(a) Conditions of entitlement. Sub ment are satisfied. The last month for ject to the provisions of $ 237.411, an in which he is entitled to such annuity is dividual is entitled to a widow's insur

the month immediately preceding the ance annuity if she:

first month in which either of the follow(1) Is the widow, as defined in ing events occurs: § 237.303, of an employee who, at the (1) He remarries; or time of his death, was completely in

(2) He dies. sured; and

(c) Rate of annuity. A widower's in(2) Was not entitled, and would not surance annuity for a month is equal have been entitled even if she had ap to the basic amount of the deceased emplied therefor, to receive, for a month ployee, except that if in the month prebefore January 1, 1947, an insurance ceding the employee's death he was benefit under the Social Security Act entitled to a spouse's annuity which, based on the deceased employee's wages before any increase under § 225.6 of this and in an amount greater than the chapter, was in an amount greater than widow's insurance annuity would be; and his insurance annuity, his insurance an

(3) Has attained the age of 60; and nuity shall be increased to such greater (4) Has not remarried.

amount. The rate shall be adjusted as (b) Duration of annuity. Subject to

provided in 88 237.205 and 237.404 and the provisions of $ 237.411, an individual Subpart F of this part. is entitled to a widow's insurance an $ 237.408 Widow's current insurance nuity for each month beginning with the

annuity. first month after December 1946 in

(a) Conditions of entitlement. Subwhich all of the conditions of entitle

ject to the provisions of $ 237.411, an ment are satisfied. The last month for which she is entitled to such annuity is

individual is entitled to a widow's cur

rent insurance annuity if she: the month immediately preceding the first month in which either of the follow

(1) Is the widow, as defined in

§ 237.303, of an employee who, at the ing events occurs: (1) She remarries; or

time of his death, was completely insured

or partially insured; and (2) She dies.

(2) Was not entitled, and would not (c) Rate of annuity. A widow's insurance annuity for a month is equal to

have been entitled even if she had applied

therefor, to receive, for a month before the basic amount of the deceased em

January 1, 1947, an insurance benefit ployee, except that if in the month pre

under the Social Security Act based on ceding the employee's death she was entitled to a spouse's annuity which,

the deceased employee's wages and in an

amount greater than the widow's current before any increase under $ 225.6 of this

insurance annuity would be; and chapter, was in an amount greater than her insurance annuity, her insurance

(3) Has not remarried; and annuity shall be increased to such greater

(4) Is not entitled to a widow's insuramount. The rate shall be adjusted as

ance annuity; and provided in $$ 237.205 and 237.404 and (5) Has in her care, at the time of Subpart F of this part.

filing her application, a child of her de

ceased husband entitled to receive a § 237.407 Widower's insurance annuity.

child's insurance annuity. (a) Conditions of entitlement. Sub (b) Duration of annuity. Subject to ject to the provisions of $ 237.411, an the provisions of $ 237.411, an individual individual is entitled to a widower's in is entitled to a widow's current insurance surance annuity if he:

annuity for each month beginning with

child may be entitled to such an annuity is the month in which such child is born. The last month for which an individual is entitled to a child's insurance annuity is the month immediately preceding the first month in which any of the following events occur:

(1) He marries; or

(2) He is adopted by other than a stepparent, grandparent, aunt, or uncle;

or

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.

(d) Meaning of in her care." A 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

(3) He attains age 18, unless he shall have a permanent physical or mental condition which is such that he is unable to engage in any regular employment and which condition began before he became age 18; or

(4) He dies.

(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 88 237.205 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 88 237.303, 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

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