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monthly remuneration" as computed under (11) Determine the rumber of cale.
this paragraph is LOL 3 stje si ti, it sail dar years aiter 1936 in Fech 82
be roulded to the next lower Luupie 5! $1.

more of compensateos, 392, OOR With respect to an EL D.Osee who will bave

were paid to the employee. Vi been awarded a retirement adiuity, the term

the number of such years by i perse "compensation" ebal, for the parts of this paragraph, tocan tbe ceston on

of the amount competed nder suadwhich such annuity will bait bien based.

vision (1) of this subparagraph. (Section 5(1) (9) of the act)

(131) Add the Sgine computed mode The term "wages" shall mean wages as subdivision (1) of this subparagraph an defined in section 209 of the sociai 60-11:7 the figure computed under subdivision Act. In addition, the terra stall 1.5 ude (1) (11) of this subparagraph. The Sum I "self-employment income" as deud il sec

obtained is the basic armount if som tion 211(b) o! the bestal security Act, and

sum is less than $16.95, it is increased (11) wages deemed to bave been paid under

to $16.95. section 217 (a) or (e) of the bra, security Act on account of military service which is (2) Employee completely insured solt not creditable under sot:05. 4 of this act. ly because of being a pensioner. W. Wages, as defined in this pasaxrach, 812:: be the average monthly earnings on whic credited for the purposes of this section in the pension was computed are ascertathe manner and to tne ezert creg.led for

able from the records in the possesE.CO corresponding purposes of 'Ilte II 91 the 80

of the Board, and if such average cial Security Act. (Section 511;18) of the

monthly earnings do not exceed $75, tak: act)

49 percent of such average months Board Order 64–105, 29 FE, 11916, Aug. 20,

earnings. If such average monthly earu1964)

ings exceed $75, take 49 percent of $75 8 237.202 Basie amount.

and add thereto 12 percent of the amount (a) Payments fired with relation to by which the average monthly earnirs basic amount. The amount of ail Insur

exceed $75 and do not exceed $300 ance annuties and bump sumns, Other

This sum is the basic amount. than a residual lump sum, for survivors

(ii) If the average monthly earnings are fixed with tea on the basic

on which the pension was computed are amount of the Cocessed employee on

not ascertainable from the records is whose insured stars they are condi the possession of the Board, and if the tioned.

pension was $30.25 or more, the base (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 ! ployee's trasic amint 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,

whichever is greater. status In the case of completely insured em

(3) Employee completely insured sole. ployees, %, distinction is made between

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

employee's monthly compensation does

not exceed $75, take 49 percent of such was based solely on a current connection with the railroad industry and the ac

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

compensation exceeds $75, take 49 per

cent of $75 and add thereto 12 percent quarters of coverage, and those who were

of the amount by which the monthly completely insured solely because of having been pensioners or annuitants. The

compensation exceeds $75 and does not

exceed $300. This sum is the basic computation is inade as follows:

amount. For the purposes of this sub(1) Employee partially insured от completely insured solely because of cur

paragraph, “monthly compensation" rent connection and quarters of cover

means the monthly compensation which

was used in computing the employee's age. In these cases: (1) If the employee's average monthly

annuity.

(4) Employees completely insured both remuneration does not exceed $75, take

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 118

Teater is the basic amount. If the em retirement annuity was payable to the Die vloyee was an annuitant, compare the employee. The result is the divisor mpensa imount computed under subparagraph quarters. io e 1) of this paragraph with the amount (c) Rounding. An average monthly o tomputed under subparagraph (3) of remuneration that is computed under

com his paragraph; whichever is greater is this section and that is not a multiple of this he basic amount.

$1, shall be rounded to the next lower Board Order 59--232, 25 F.R. 480, Jan. 21, multiple of $1. of the 1960; 25 F.R. 1074, Feb. 6, 1960, as amended [Board Order 59-232, 25 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) E DASS $ 237.203 Average monthly remunera

$ 237.204 Closing date. tion.

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

whichever of the following produces the os monthly remuneration is computed by

highest average monthly remuneration dividing his creditable compensation and

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

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

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

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

sured; or Co se ployee, including compensation at

(b) The first day of the calendar year a retributable to military service, after 1936

in which the employee died; or akes and before the employee's closing date,

(c) The first day of the calendar year Donostics 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 59-232, 25 F.R. 482, Jan. 21, (2) Where the compensation, includ

1960 as amended by Board Order 62-46, 27 ing compensation attributable to military

F.R. 4878, Apr. 25, 1962 service, for any calendar year after 1936

§ 237.205 Reduction because of military and through 1954 and before the em

service used for other benefits. Bex: ployee's closing date is less than $3,600,

wages as defined in section 5(1) (6) of When any other gratuitous benefit is it omgee 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 which the employee attained age 22,

tion; however, where eligibility for the whichever is later, and before the em

insurance annuity exists without the ployee'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)

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Subpart C--Family Relationships $ 237.301 Statutory provisions.

For the purposes of this section

(1) The qualifications for "widow," "widower," "child," and "parent" shall be except for the purposes of subsection (f), those set forth in section 216 (c), (e), and (8), and section 202(h) (3) 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-halt 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(h) (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), pr (5) of the Social Security Act are fulfilled la partially insured mother being deemed currently insured). In determining for purposes of this section and subsection (1) 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. Buch 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 nuity under this section as the widow of the second employee by reason of not having been married to the employee for one year; bection 5(1) (1) of the act).

The term "widow" ... means the surviving wife of an individual, but only 11 (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, (6) 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 en. titled 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 filed or (11 the insured individual is deceased) the day on which such individual died. For purposes

clause (1), a person shall be deemed, as of the date of death of an individual, to be the legally adopted child of such individual 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 sen. tence shall not apply it 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 1f such indi. vidual 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 wer through a marriage ceremony resulting in a purported marriage be. tween them which, but for a legal impedl. ment 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 11 (1) he is the father of her son or daughter, (2) he legally adopted her son or daughter

an

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(b) (3), 64 Stat. 487; 42 U.S.C. 402)

In determining whether an applicant 18 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 fles application, or, if such insured individual is dead, by the courts of the State in which be 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 wo’ild 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(1)(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(b)(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 (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 18 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 ...1... 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 ... 11 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,

• (A) she was living with or contributing to the support of such child, and (B) either (1) such child was neither liv. ing 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 which 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 appli. cable 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 121

states, an individual who is not a widow (c) She was living with her husband because her supposed marriage was void, employee at the time of his death. may nevertheless be treated as a widow

[Board Order 56-89, 20 F.R. 8716, May 27, under such law, under certain strictly 1955, as amended by Board Order 60-59, 25 limited conditions. Such an individual F.R. 3818, Apr. 30, 1960; Board Order 62-180, has the "status" of a widow.

27 F.R. 10829, Nov. 7, 1962) (Board Order 55-89, 20 F.R. 3716, May 27, § 237.304 Definition of "widower”. 1955)

An individual is the "widower" of an 8 237.303 Definition of "widow”.

employee, as that term is used in section An individual is the "widow" of an em

5 of the act (except as stated in section

237.504 (b) under section 5(f) of the act), ployee, as that term is used in section 5

only if: of the act (except as stated in section

(a) He is the widower of the em237.504(b) under section 5(f) of the act), only if:

ployee, or has the same status as & (a) She is the widow of the employee,

widower, under applicable state law, and

(b) One of the following requirements or has the same status as a widow, under

is met: applicable state law, and

(1) He is the natural father of the (b) One of the following requirements

employee's son or daughter (an indiis met:

vidual is the father of a deceased em(1) She is the mother of the employ

ployee's son or daughter, within the ee's son or daughter (an individual is the mother of a deceased employee's son or

meaning of this subparagraph, if a son

or daughter was born to him and such daughter, within the meaning of this subparagraph, if a son or daughter was

employee, even though such son or born to her and such employee, even

daughter died before an application was though such son or daughter died before

Aled which involved the determination

of whether such individual is an application was filed which involved

"widower"); or the determination of whether such individual is a "widow," and even though

(2) He was married to the employee such son or daughter was born after the

(became her husband, or acquired indeath of such employee); or

heritable status as such, under applica

ble State law) for a period of not less (2) She was married to the employee (became his wife, or acquired inheritable

than one year immediately prior to the

day on which she died; or status as such, under applicable State law) for a period of not less than one

(3) He legally adopted the employee's

son or daughter while he was married to year immediately prior to the day on

her and while such son or daughter was which he died; or

under age 18; or (3) She legally adopted the employ

(4) The employee legally adopted his ee's son or daughter while she was mar

son or daughter while he was married to ried to him and while such son

her and while such son or daughter was daughter was under age 18; or

under age 18; or (4) The employee legally adopted her

(5) He was married to the employee son or daughter while she was married

at the time both of them legally adopted to him and while such son or daughter

a child under age 18; or was under age 18; or

(6) In the month before the month of (5) She was married to the employee

his marriage to the employee, he was enat the time both of them legally adopted

titled, or on application would have been a child under age 18; or

entitled, to a widower's or a parent's (6) In the month before the month

(upon reaching the proper age) or a disof her marriage to the employee, she was

abled child's insurance benefit under the entitled, or on application would have the Social Security Act; and been entitled, to a widow's or a parent's

(c) He was living with his wife em(upon reaching the proper age) or a dis

ployee at the time of her death, and abled child's insurance benefit under the

(d) He was receiving at least oneSocial Security Act; or

half of his support from his wife em(7) She was previously entitled, or on ployee at the time of her death or at the application would have been entitled to time her retirement annuity or pension an annuity under section 237.406 or began. 237.408 and marries another employee (Board Order 55–89, 20 F.R. 3716, May 27, who dies within one year after the mar 1955, as amended by Board Order 60-59, 26 riage; and

F.R. 8818, Apr. 30, 1960)

or

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