tracted 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 FR 3717, May 27, 1955]

Subpart D-Insurance Annuity

Payments to Survivors

SOURCE: Board Order 55-89, 20 FR 3717, May 27, 1955; 20 FR 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. (60 Stat. 729, as amended; 45 U.S.C. 228e)

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 leav ing 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 Secu rity 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 filed 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 filed. No application for an annuity under this section filed 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 FR 3717, May 27, 1955, as amended by Board Order 60-59, 25 FR 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. Subject to 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.

(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

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 child may be entitled to such an annuity is the mouth 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:

(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, a 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 the first month after December 1946 in which all of the conditions of entitlement are satisfied. The last month for which such individual 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 parent's insurance annuity for a month is equal to two-thirds of the basic amount of the

deceased employee. If the parent is entitled to a parent's insurance annuity with respect to more than one deceased employee, his parent's insurance annuity shall be two-thirds 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.

§ 237.411 Beginning and ending of insurance annuities.

(a) Beginning. An insurance annuity under this subpart shall begin with the first month after December 1946, or in the case of a widower's insurance annuity with the first month after October 1951, with respect to which all of the conditions of entitlement for such annuity, as set out in the preceding sections of this subpart, are satisfied, if the individual shall have filed an application for such annuity, as prescribed in Subpart H of this part:

(1) In such month; or

(2) In the three months immediately preceding such month; or

(3) In the 12 months immediately succeeding such month.

(b) Ending. No insurance annuity under this subpart shall be payable for the month in which the conditions of entitlement for such annuity, as set out in the preceding sections of this subpart, cease to be satisfied.

[Board Order 60-59, 25 FR 3819, Apr. 30, 1960]

Subpart E-Lump-Sum Death Payments

§ 237.501 Statutory provisions.

Lump-sum payment. Upon the death, after the month in which this Act is enacted [the 1937 Act as amended September 6, 1958], of a completely or partially insured employee who will have died leaving no widow, widower, child, or parent who would on proper application therefor be entitled to receive an annuity under this section for the month in which such death occurred, a lump sum of ten times the employee's basic amount shall be paid to the person, if any, who is determined by the Board to be the widow or widower of the deceased employee and to have been living with such employee at the time of such employee's death and who will not have died before receiving payment of such lump sum. If there be no such widow or widower, such lump sum shall be

paid to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid the expenses of burial of such deceased employee. If a lump sum would be payable to a widow or widower under this paragraph except for the fact that a survivor will have been entitled to receive an annuity for the month in which the employee will have died, but within one year after the employee's death there will not have accrued to survivors of the employee, by reason of his death annuities which, after all deductions pursuant to paragraph (1) of subsection (i) will have been made, are equal to such lump sum, a payment equal to the amount by which such lump sum exceeds such annuities so accrued after such deductions shall then nevertheless be made under this paragraph to the person (or, if more than one, in equal shares to the persons) first named in the following order of preference: the widow, widower, child, or parent of the employee then entitled to a survivor annuity under this section. No payment shall be made to any persons under this paragraph, unless application therefor shall have been filed, by or on behalf of any such person (whether or not legally competent), prior to the expiration of two years after the date of death of the deceased employee, except that if the deceased employee is a person to whom section 2 of the Act of March 7, 1942 (56 Stat. 143, 144), is applicable such two years shall run from the date on which the deceased employee, pursuant to said Act, is determined to be dead, and for all other purposes of this section such employee, so long as it does not appear that he is in fact alive, shall be deemed to have died on the date determined pursuant to said Act to be the date or presumptive date of death. (Section 5(f)(1) of the act.)

[Board Order 60-50, 25 FR 2890, Apr. 6, 1960; 25 FR 3396, Apr. 20, 1960]

§ 237.502 Lump-sum death payments.

(a) Conditions of payment. A lump sum is payable to one or more of the persons described in paragraph (b) of this section if:

(1) The employee died after September 1958 either completely or partially insured at the time of his death; and

(2) Such deceased employee was not survived by a widow, widower, child, or parent (see § 237.504(a)), who, upon application therefor, would be entitled to receive a widow's insurance annuity, a widower's insurance annuity, a widow's current insurance annuity, a child's insurance annuity, or a parent's insurance annuity, upon the basis of the insured status of such employee,

for the month in which such employee died; and

(3) An application (see Subpart H of this part) for such lump sum has been filed no later than the second anniversary of the death of such employee (see § 237.902(b)).

(b) Persons entitled to receive payments (1) Survivor of deceased. If the employee is survived by a person who is determined by the Board to be the employee's widow or widower and to have been living with such employee at the time of the employee's death and who will not have died before receiving payment of such lump sum, such person will, under the conditions stated in paragraph (a) of this section, become entitled to a lump-sum death payment.

(2) Persons equitably entitled. If the employee was not survived by a person described under paragraph (b)(1) of this section, the lump sum will be payable to any person or persons equitably entitled thereto to the extent and in the proportions that he or they shall have paid the burial expenses of the employee. If such an equitably entitled person dies before receiving payment of the lump sum, the lump-sum death payment will be payable to the estate of such equitably entitled

person.

(c) Amount of payment. The lump sum to which a widow or widower is entitled under paragraph (b)(1) of this section is an amount equal to ten times the basic amount of the deceased employee. Where payment is made to an applicant because he is equitably entitled under paragraph (b)(2) of this section, the amount payable to him will be determined as follows:

(1) If no person other than such applicant is, or becomes, equitably enti tled under paragraph (b)(2) of this section, the amount payable will be an amount equal to the amount of burial expenses paid by the applicant, or ten times the basic amount of the deceased, whichever is less.

(2) If two or more persons are, or become, equitably entitled under paragraph (b)(2) of this section, the amount payable to any such applicant is an amount equal to that proportion of ten times the basic amount of the