CSRS Children's Benefits FERS i
Chapter 73
Table of Contents
Subchapter 73A CSRS
Part 73A1 General Information
Section 73A1.1-1 Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
B. Topics Covered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
C. Organization of Subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. Statement of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Part 73A2 Eligibility Requirements
Section 73A2.1-1 Summary of Eligibility Requirements . . . . . . . . . . . . . . . . . . . 3
A. General Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
B. Specific Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 73A2.1-2 Dependent Child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A. Dependency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
B. Adoption in Process at Employee's Death . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
C. Stepchild . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
D. Child Born Out of Wedlock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 73A2.1-3 Child Attending School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A. Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B. Recognized Educational Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
C. Educational Institutions Not Qualifying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
D. Full-Time Course of Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 73A2.1-4 Child Incapable of Self-Support . . . . . . . . . . . . . . . . . . . . . . 10
A. Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
B. Content of Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
C. Submission of Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 73A3 Amount of Benefits
Section 73A3.1-1 Amount of Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
B. Single Orphan Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
C. Double Orphan Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
D. Note Regarding Rates in B and C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
E. Recomputation of Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
F. Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
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ii CSRS Children's Benefits FERS
Chapter 73
Part 73A4 Duration of Benefits
Section 73A4.1-1 General Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
A. Beginning Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
B. Ending Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 73A4.1-2 Ending Date: Child Attending School . . . . . . . . . . . . . . . . . . 14
A. Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
B. Birthday Falls During School Year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
C. Nonschool Intervals (Vacations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
D. Resumption of Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 73A4.1-3 Ending Date: Disabled Child Over Age 18 . . . . . . . . . . . . . . . 15
A. Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
B. Becomes Capable of Self-Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
C. Recurrence of Disability After Termination . . . . . . . . . . . . . . . . . . . . . . . . . 15
Part 73A5 Procedures
Section 73A5.1-1 Procedures When Employee Dies . . . . . . . . . . . . . . . . . . . . . 16
A. Agency Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
B. Parent/Guardian Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
C. OPM Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
D. Health Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Subchapter 73B FERS
Part 73B1 General Information
Section 73B1.1-1 Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
A. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
B. Organization of Subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
C. Applicable CSRS Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
D. Statement of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 73B2 Benefits Payable
Section 73B2.1-1 Amount of Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
A. General Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
B. Employee Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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Section 73B2.1-2 Social Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
A. General Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
B. Agency Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
C. OPM Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
D. Survivor Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
E. Failure to Submit SSA Award/Denial Letter . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 73B2.1-3 Duration of Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
A. Applicable CSRS Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
B. Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 73B3 Procedures
Section 73B3.1-1 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
B. Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
C. Health Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Subchapter 73C Job Aids
Section 73C1.1-1 Local Reproduction Forms . . . . . . . . . . . . . . . . . . . . . . . . . 25
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CSRS Children's Benefits 1
Chapter 73
Subchapter 73A CSRS
Part 73A1 General Information
Section 73A1.1-1 Overview
A. Introduction There are two kinds of death benefits:
1. Children's Monthly Survivor Annuity
Survivor annuities may be payable to dependent children upon the death
of an employee or retiree. This annuity is provided by law. An
employee or retiree does not need to elect it.
2. Lump-Sum Payment
A lump-sum payment may be payable to one or more children, if there
is no one higher in the order of precedence, upon the death of an
employee or retiree only if there is no one entitled to a survivor
annuity.
NOTE 1: This Chapter covers monthly survivor annuity payments only.
For information on lump-sum payments, see Chapter 32,
Refunds, and Chapters 70, Spouse Benefits - Death of an
Employee, and 72, Spouse Benefits - Death of a Former
Employee, as they apply.
NOTE 2: A retiring employee who is in good health also may elect an
insurable interest annuity for a child. See Chapter 52, Survivor
Elections.
B. Topics Covered This subchapter covers:
• The requirements that any child must meet to be eligible for survivor
benefits;
• The amount of children's survivor benefit;
• The duration of a child's survivor annuity; and
• The procedures an agency and a parent or guardian must follow to initiate
payment of children's survivor benefits.
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Chapter 73
Section 73A1.1-1 Overview (Cont.)
C. Organization of The CSRS subchapter has five parts.
Subchapter
PART NAME OF PART PAGE
73A1 General Information 1
73A2 Eligibility Requirements 3
73A3 Amount of Benefits 11
73A4 Duration of Benefits 13
73A5 Procedures 16
NOTE: The subchapter about death benefits for children under FERS begins
on page 19.
D. Statement of This subchapter is based on the laws and regulations cited below.
Authority
• United States Code: 5 U.S.C. 8341(a)(4),(e)(2),(e)(3)
• Code of Federal Regulations: 5 CFR 831.615-17
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Chapter 73
Part 73A2 Eligibility Requirements
Section 73A2.1-1 Summary of Eligibility Requirements
A. General If a child meets the eligibility requirements of paragraph B below, monthly
Requirements survivor annuity benefits are automatically payable upon the death of:
1. A retiree; and
2. An employee who:
• Completed at least 18 months of creditable civilian service at the date of
death; and
• Died while subject to CSRS.
B. Specific To qualify for a survivor annuity, the child (including a legally adopted child)
Requirements of a deceased employee or retiree:
1. Must have been dependent (defined in section 73A2.1-2 below) on the
employee or retiree at the time of death;
2. Must be unmarried; and
3. Must be:
• Under age 18;
• Age 18 to 22 and a full-time student; or
• Over age 18 and incapable of self-support due to a disability incurred
before age 18.
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Chapter 73
Section 73A2.1-2 Dependent Child
A. Dependency 1. OPM considers a child under age 18 to have been dependent upon the
deceased employee or retiree if the child is:
• A legitimate child;
• An adopted child, including a child described in paragraph B below;
• A stepchild who meets the requirements of paragraph C below; or
• A child born out of wedlock who meets the requirements of
paragraph D below.
2. In general, no additional documentation is required if a child of the
deceased is listed on SF 2809's and there is no discrepancy regarding the
child's date of birth. However, if the child is not listed on SF 2809's, or
the child was adopted, born out of wedlock, or a stepchild of the deceased,
a copy of the child's birth certificate must be submitted with the application
for death benefits. If the child was adopted, a copy of the final decree of
adoption must also be submitted.
B. Adoption in 1. A child whose adoption was in process at the time of the employee's or
Process at retiree's death may be entitled to survivor annuity benefits as an adopted
Employee's Death child if:
• The child was living with the employee or retiree at the time of
death;
• A petition for adoption had been filed by the employee or retiree
prior to his or her death; and
• The final decree of adoption is subsequently granted to the decedent's
surviving spouse.
2. The person who is applying on behalf of the child must provide a statement
that the child was living with the deceased employee or retiree at the time
of death and submit copies of the petition for adoption and the final decree
of adoption.
C. Stepchild 1. A stepchild may be entitled to survivor annuity benefits if the child lived
with the employee or retiree in a regular parent-child relationship at the
time of the employee's or retiree's death.
NOTE: Temporary separations (for example, a child at college) are not a bar
to meeting the "living with" requirement.
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Chapter 73
Section 73A2.1-2 Dependent Child (Cont.)
C. Stepchild (Cont.) 2. The person who is applying on behalf of the child must submit an affidavit
from himself or herself and two affidavits from disinterested parties (for
example, neighbors or friends) in a position to know the situation. The
affidavits should show the following details:
• Whether the child lived with the deceased in a regular parent-child
relationship.
• The length of time the parent-child relationship existed. (If they lived
apart at any time, explain.)
• Whether the deceased exercised parental responsibility and control over
the child.
• A statement explaining how the affiant is in a position to know the facts
of the case.
D. Child Born Out A recognized child born out of wedlock is considered dependent if:
of Wedlock
1. The child lived with the employee or retiree in a regular parent-child
relationship at the time of the employee's or retiree's death and the person
applying on behalf of the child submits affidavits as described in paragraph
C attesting that a parent-child relationship existed;
2. The child did not live with the employee or retiree in a regular parent-child
relationship but a judicial determination of support was obtained for the
child;
3. The Social Security Administration (SSA) awarded benefits to the child
based on the earnings record of the deceased, as documented by a copy of
SSA's award letter; or
4. Evidence shows that the child was supported by the employee or retiree
with regular and substantial contributions by one or more of the following:
• Evidence of eligibility as a dependent child for benefits under other
State or Federal programs;
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Chapter 73
Section 73A2.1-2 Dependent Child (Cont.)
D. Child Born Out • Proof of inclusion of the child as a dependent on the decent's income
of Wedlock tax returns for the year immediately before the employee's death;
(Cont.)
• Canceled checks, money orders, or receipts for periodic payments
received from the employee or retiree for or on behalf of the child;
• Evidence of goods or services that show regular contributions of
considerable value;
• Proof of coverage of the child as a family member under the
employee's or retiree's Federal Employees Health Benefits enrollment;
and
• Other proof of a similar nature that OPM may find to be sufficient to
demonstrate support or parentage.
NOTE 1: If a Federal income tax return is submitted, it must be the last
return filed by the decedent or his or her estate. The copy of
the tax return must be accompanied by (1) an affidavit from
the person who is filing on behalf of the child or a
certification from the Internal Revenue Service that it is a true
copy of the original; and (2) the address of the Internal
Revenue Service office where the tax return was filed.
NOTE 2: OPM may deny survivor benefits if evidence:
• Shows the deceased employee or retiree did not
recognize the claimant as his or her own despite a
willingness to support the child; or
• Casts doubt upon the parentage of the claimant, despite
the decedent's recognition and support of the child.
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Chapter 73
Section 73A2.1-3 Child Attending School
A. Requirements For a child to be eligible for continuation of the survivor annuity beyond age
18 due to his or her status as a student, the child must:
1. Remain unmarried;
2. Regularly pursue a full-time course of study at a recognized educational or
training institution that certifies that the child is regularly pursuing a full-
time day or evening course of resident study or training.
NOTE: When a child is identified as a student on the SF 2800,
Application for Death Benefits, OPM will request certification
of the child's school attendance from the child's payee and the
appropriate school official. OPM will determine the child's
eligibility for benefits after receipt of the certification form.
A copy of the OPM student certification form, RI 25-41, is
contained in subchapter C for local reproduction. It will
speed OPM processing of an application if a completed
certification accompanies the application.
B. Recognized A recognized educational institution is a school that is accredited, has a
Educational faculty, and requires study or training to be done at the school. Included are:
Institutions
• High schools;
• Trade schools;
• Technical or vocational institutes;
• Business schools;
• Junior colleges; and
• Colleges, universities, or comparably recognized educational institutions.
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Chapter 73
Section 73A2.1-3 Child Attending School (Cont.)
C. Educational Attendance at any of the following is not qualifying for children's benefits
Institutions Not beyond age 18:
Qualifying
• Correspondence schools;
• Elementary schools;
• Government service academies (for example, U.S. Naval Academy); or
• Any training program where the trainee receives pay primarily as an
employee (for example, apprenticeship programs).
D. Full-Time Course A full-time course of study consists of:
of Study
1. School attendance at the rate of at least 36 weeks per academic year; and
2. A subject load sufficient, if successfully completed, to attain the educational
or training objective within the period generally accepted as minimum for
completion by a full-time day student of the academic or training program
concerned.
EXAMPLE 1: High schools generally require 25 to 35 actual clock hours of
class attendance each week to consider a student as full-time. For special
programs, they require a minimum of 20 hours per week.
EXAMPLE 2: Colleges, junior colleges, and universities generally require a
minimum number of semester hours or quarter credit hours to graduate in the
normal length of time. Although a student carrying fewer credit hours may be
designated as full-time for tuition purposes, this does not necessarily establish
eligibility for student benefits.
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Chapter 73
Section 73A2.1-3 Child Attending School (Cont.)
D. Full-Time Course EXAMPLE 3: Vocational or technical schools generally require that students
of Study (Cont.) make this schooling their principal activity. This means that the student spends
as much as 40 clock hours each week in activities related directly to training in
the school. Normally, the activities take place at school.
EXAMPLE 4: Acceptable work-study programs generally require some
regularly scheduled class attendance; together, the class attendance and the
work periods constitute a full-time course of training.
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10 CSRS Children's Benefits
Chapter 73
Section 73A2.1-4 Child Incapable of Self-Support
A. Requirements 1. A child who is age 18 or older and incapable of self-support due to physical
or mental disability may be entitled to a survivor annuity if:
• The requirements in paragraph B of section 73A2.1-1 are met; and
• OPM determines that the child is incapable of self-support because of a
physical or mental disability incurred before he or she reached age 18.
2. The medical conditions that qualify as disabling for annuity purposes
generally also qualify for continuation of FEHB coverage. See the list of
qualifying conditions in The Federal Employees Health Benefits Handbook
for Personnel and Payroll Offices (formerly FPM Supplement 890-1) for
further information.
B. Content of 1. OPM must be provided with information from the disabled child's parent
Documentation or guardian about the child's education, any employment, and residence.
In addition, the child's doctor must provide information about the child's
medical condition. Subchapter C contains a copy of OPM Form RI 25-43,
Documentation in Support of Claim for CSRS or FERS Benefits as
Disabled Dependent Child, for local reproduction. This form outlines the
specific information needed.
2. The applicant is responsible for any cost incurred in obtaining the doctor's
statement and sending it to OPM.
3. An alternative to OPM Form RI 25-43 is a copy of the letter from the
Social Security Administration awarding benefits to the child based on
SSA's finding that the child is incapable of self-support because of a
physical or mental disability incurred before age 18.
C. Submission of If the disability exists at the time the application for death benefits is made, and
Documentation the disabled child is 18 or older, attach the SSA award letter or OPM Form RI
25-43 to the Application for Death Benefits (SF 2800). (See section 73A5.1-1
for further procedural details.)
If the disabled child is under 18 when the application for death benefits is
made, the OPM Form RI 25-43 or SSA award letter should be submitted 90
days before the child reaches age 18. The information must be accompanied
by a letter requesting a continuation of benefits because of the disability.
The letter and documentation or SSA award letter should be sent to: Office of
Personnel Management, Retirement Operations Center, Boyers, PA
16017. The letter must include the name and date of birth of the deceased
employee or retiree and the case number (CSF number).
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Chapter 73
Part 73A3 Amount of Benefits
Section 73A3.1-1 Amount of Benefits
A. General The children's survivor benefit is a specific dollar amount that is established by
the formula in U.S.C. 8341(e)(2) and increased by CSRS COLA's. This
benefit is payable in addition to any survivor annuity payable to a spouse.
Each child's rate is determined individually based on circumstances described
below.
B. Single Orphan When the child has a living parent who was married to the employee or retiree
Rate (either at death or at any time prior to date of death), the benefit payable to
that child is usually the lesser of:
1. > $344 $1032 $413 $1,239 See Section 70A3.1-1 for special procedures in situations when there is
a disaster involving Federal employees. <
A. Agency 1. When an employee dies, the agency:
Responsibility
• Contacts the next of kin or emergency addressee and advises him or her
of the right to apply for death benefits;
• Informs the next of kin about what benefits may be payable;
• Assists the next of kin in completing the SF 2800, Application for
Death Benefits;
• Submits the applicant's SF 2800 to OPM with the employee's Individual
Retirement Record (SF 2806) if the applicants sends the SF 2800 to the
agency before the SF 2806 is transmitted to OPM:
• Completes the SF 2801-1, Certified Summary of Federal Service;
• Completes the SF 2800A, Agency Certification for Death in Service;
and
• Submits the deceased employee's Individual Retirement Record
(SF 2806), the SF 2801-1, and the SF 2800A to OPM within 30 days of
the employee's death. If the next of kin completes an SF 2800, the
agency submits that form as well.
2. When a student over 18 is involved, it will expedite OPM's processing of
the application if a completed student certification form, RI 25-41, is sent
with the application for benefits. Subchapter 73C contains a copy of the
form for local reproduction. Likewise, if there is a disabled child over age
18, providing documentation of the disabling condition with the application
for benefits will expedite OPM's processing. Subchapter C contains a copy
of OPM Form RI 25-43 that may be used, or a copy of the SSA award
letter may be submitted.
3. The agency should submit the deceased employee's records and any
available information about potential payees to OPM as early as possible so
they are received within 30 days of the employee's death.
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Section 73A5.1-1 Procedures When Employee Dies (Cont.)
A. Agency NOTE: When contacted by the survivor of a retiree, the agency should refer
Responsibility the survivor to the following address for additional information, death
(Cont.) benefit applications, etc.:
Office of Personnel Management
Retirement Operations Center
Boyers, PA 16017
The survivor should provide OPM with the retiree's name, date of birth, date
of death, CSA number, and Social Security number.
B. Parent/Guardian 1. The parent, legal guardian, or person with care and custody of the child
Responsibility should:
• Complete the SF 2800, Application for Death Benefits;
• Attach any other forms or evidence as required -- guardianship papers,
medical documents for disabled children over age 18, proof that the
child is a natural child, school certification, birth certificate, if the child
was adopted, born out of wedlock, or a stepchild of the deceased, etc.
2. A surviving spouse or former spouse who is entitled to a benefit in his or
her own right, and also on behalf of the child, only needs to file one
application.
3. If the employing agency of a deceased employee has not yet forwarded the
employee's records to OPM, the applicant sends the completed application
to the employing office.
In all other cases, the applicant sends the completed application to:
Office of Personnel Management
Retirement Operations Center
Boyers, PA 16017.
C. OPM OPM determines what benefits are payable and, depending upon the type of
Responsibility benefit and other circumstances in a particular case, may request the applicant
to submit additional evidence.
D. Health Benefits Where survivor benefits are payable, any health benefit premiums are withheld
from the monthly survivor annuity.
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18 Children's Benefits FERS
Chapter 73
Subchapter 73B FERS
Part 73B1 General Information
Section 73B1.1-1 Overview
A. Introduction Subchapter 73B contains the rules and policies that apply to children's survivor
benefits under the Federal Employees Retirement System (FERS).
This subchapter explains how FERS differs from CSRS. It refers readers to
the CSRS rule that applies or gives the FERS rule if it is different.
B. Organization of The FERS subchapter has three parts.
Subchapter
PART NAME OF PART PAGE
73B1 General Information 19
73B2 Benefits Payable 20
73B3 Procedures 23
C. Applicable CSRS The following part of subchapter 73A applies entirely to FERS employees.
Provision
• Part 73A2: Eligibility Requirements
D. Statement of This subchapter is based on the laws and regulations cited below.
Authority
• United States Code: 5 U.S.C. 8443
• Code of Federal Regulations: 5 CFR Part 843, Subpart D
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Children's Benefits FERS 19
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Part 73B2 Benefits Payable
Section 73B2.1-1 Amount of Benefits
A. General Rule A child's survivor annuity rate is:
1. The total amount payable to all children under CSRS;
2. Less the total amount payable to all children by Social Security; and
3. Divided by the number of children.
A child's survivor annuity is payable in addition to any survivor annuity
payable to a spouse.
B. Employee For a survivor annuity to be payable, the employee must have:
Requirements
1. Completed at least 18 months of creditable civilian service; and
2. Died while subject to FERS.
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20 Children's Benefits FERS
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Section 73B2.1-2 Social Security
A. General Rule Any monthly FERS survivor benefit payable to any child of the deceased
employee or retiree is reduced (offset) by the total amount of any Social
Security survivor benefit payable to all children based on the Social Security
earnings of the deceased employee or retiree. In many cases, the FERS
benefit is reduced to $0.
There is no offset or reduction in any month for which the child is not entitled
to insurance benefits from Social Security. For example, if Social Security
benefits end because the child attained age 19, FERS survivor benefits are
payable until age 22 if the child is still in school.
If the death of the employee results from injury or illness sustained in the
performance of duty, compensation benefits may be payable. They are
administered by the Department of Labor's Office of Workers' Compensation
Programs (OWCP). OWCP payments are reduced by the amount of any
Social Security survivor benefits attributable to the deceased employee's
Federal service while under FERS coverage.
B. Agency Agencies should encourage survivors to apply for Social Security benefits for
Responsibility children as soon as possible. (See Standard Form 3104 and 3104B.)
C. OPM OPM requires evidence of Social Security entitlement or nonentitlement before
Requirement making any payments. (See Standard Form 3104 and 3104B.) Because of the
Social Security offset, OPM presumes that there will be no FERS survivor
benefit payable to children under age 19.
D. Survivor The parent, legal guardian, or other person with care and custody of children
Responsibility must:
1. Complete Standard Form 3104 and 3104B on behalf of the child or
children; and
2. Submit a copy of the SSA award or denial letter to OPM when they receive
it.
E. Failure to Submit Normally, failure to submit the SSA award or denial letter with the application
SSA (and related documents) will not result in a delay in processing the case or in
Award/Denial the payment of other benefits because of OPM's presumption that no benefits
Letter are payable to children under age 19.
Delay will result in cases where Social Security is not paying benefits to any
child, or in the unusual case where the amount of the Social Security benefit
does not completely offset the FERS benefit.
Section 73B2.1-2 Social Security (Cont.)
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Children's Benefits FERS 21
Chapter 73
E. Failure to Submit Under Public Law 104-121, approved March 29, 1996, a stepchild under
SSA Social Security must receive at least half of his or her support from the
Award/Denial deceased stepparent in order to qualify for Social Security benefits. A child
Letter (Cont.) living with a stepparent is not automatically eligible for survivor benefits.
However, under Social Security a child not living with the stepparent is also
not automatically disqualified so long as he or she received at least half support
from the deceased stepparent.
Under CSRS and FERS law, to be eligible for survivor annuity benefits, a
stepchild must be dependent on, and living with, the deceased parent at the
time of death; however, the term "dependent" is, under the statutory
definition, met for a stepchild if the stepchild is living with the stepparent.
With the CSRS and FERS laws, unlike under Social Security, the term
"dependent" does not require half support. A stepchild may be eligible for
FERS benefits when not eligible for Social Security, if he or she was living
with the deceased stepparent at the time of death, even if half support is not
established.
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22 Children's Benefits FERS
Chapter 73
Section 73B2.1-3 Duration of Benefits
A. Applicable CSRS The CSRS rules on how long survivor benefits can be paid to children apply
Provision under FERS, with one exception. The exception is noted below.
B. Exception Unlike the CSRS law, the FERS law allows reinstatement of benefits to a
disabled child over age 18 if OPM finds that the child again has become
incapable of self-support.
April, 1998 CSRS and FERS Handbook
Children's Benefits FERS 23
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Part 73B3 Procedures
Section 73B3.1-1 Procedures
A. General The procedures under FERS are the same as under CSRS with the exceptions
noted below.
B. Forms 1. The Application for Death Benefits is the SF 3104.
2. Standard Form 3104B applies only to FERS.
C. Health Benefits Where survivor benefits are payable, health benefits premiums are withheld
from the monthly survivor annuity.
In the situation where any child's FERS benefit is reduced below the amount
necessary to pay the FEHB premium because of Social Security benefits
received, the child (or children) can continue FEHB coverage by making
direct payments to OPM. OPM will provide the payee with the procedures for
making direct payments.
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24 Children's Benefits FERS
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April, 1998 CSRS and FERS Handbook
CSRS Children's Benefits FERS 25
Chapter 73
Subchapter 73C Job Aids
Section 73C1.1-1 Local Reproduction Forms
This subchapter contains copies of the following OPM forms for local
reproduction:
Number Name
RI 25-41 Initial Certification of Full-time School Attendance
RI 25-43 Documentation in Support of Claim for CSRS or FERS
Benefits as a Disabled Dependent Child
CSRS and FERS Handbook April, 1998
26 CSRS Children's Benefits FERS
Chapter 73
UNITED STATES
OFFICE OF PERSONNEL MANAGEMENT INITIAL CERTIFICATION OF
RETIREMENT PROGRAMS FULL-TIME SCHOOL ATTENDANCE
WASHINGTON, D.C. 20415
Reference
Date
Claim number (suffix)
CSF
Name of deceased employee
Name of child
Date of death On roll?
G Yes G No
The Application for Death Benefits shows that the child If the child is unmarried and a full-time student, you should
named above, a survivor of a Federal employee or annu complete Part A on the other side of this form; a school
itant, is (or soon will be ) age 18. After reaching age 18, a official should complete Part B, and you should return the
child is eligible for a survivor annuity only if unmarried and (1) completed form to us promptly. If the child's school year was
a full-time student in a recognized school or (2) incapacitated not in session on the date of death (shown above), have the
for self-support because of a physical or mental disability that school official complete Part B for the last school year
began before age 18. attended.
If a child is unmarried and incapacitated for self-support Send the completed form to:
because of a mental or physical disability, do not fill in the
other side of this form. Instead, return the form to us with a U.S. Office of Personnel Management
doctor's certificate describing the nature and extent of the Retirement Programs
child's disability. After we review the documentation of the P.O. Box 956
disability, we will write to you about the child's eligibility for Washington, DC 20044.
benefits.
Privacy Act Statement
The information requested on this form is needed to determine whether the child is eligible for benefits beyond the age of 18 as provided in Title 5, U.S. Code, Chapters 83 and 84. This
information will be shared with the General Accounting Office and the U.S. Department of Justice in the event litigation is required to enforce collection of an overpayment of annuity benefits.
It may also be disclosed to other Federal agencies or Congressional offices which have a need to know it in connection with your application for a job, license, grant or other benefits, or in
connection with possible violation of law. It may also be shared with national, state, local or other charitable or social security administrative agencies to determine and issue benefits under
their programs. While the law does not require you to supply all of the information requested on this form, it may not be possible to determine the child's entitlement to benefits if you fail
to do so.
Public Burden Statement
We think this form take an average 20 minutes per response to complete, including the time for reviewing instructions, getting the needed data, and reviewing the completed form. Send
comments regarding our estimate or any other aspect of this form, including suggestions for reducing completion time, to the Paperwork Reduction Project, OMB Clearance Number 3206
0099, Office of Management and Budget, Washington, DC 20503 or Reports and Forms Management Officer, U.S. Office of Personnel Management, 1900 E Street, NW., Room 6410,
Washington, DC 20415.
(THIS SPACE IS FOR THE USE OF THE OFFICE OF PERSONNEL MANAGEMENT ONLY.)
Remarks: Call up (M-Card) processed
G APPROVED G NOT APPROVED BECAUSE
G Less than full-time school attendance
G Not in school
G Over 5-month break in attendance Examiner
G Married
G Non-recognized school
G Other (specify)
Inspector Date Date
Previous editions are usable RI 25-41
(formerly BRI 49-224-1)
Revised February 1989
April, 1998 CSRS and FERS Handbook
CSRS Children's Benefits FERS 27
Chapter 73
Part A - To be completed by the payee (the person who expects to receive benefits for the student).
Read the reverse side of this form before answering the questions below; give full information; typewrite or print in ink.
1. Student's name (first, middle, last) 2.Student's date of birth (month, day, year) 3. Student's Social Security number
4. Is the student married?
Yes 6 If "Yes", show the date at right, sign in item 7 of this
part, and return this form. (It is not necessary to
Date of marriage
complete the rest of the form.)
No
5. Is the student enrolled in school on If "No", show the date the student Last attended school (month, day, year)
CURRENT a full-time basis at the present time?
Yes last attended school on a full-time
STATUS basis.
No 6
Yes6
6. After the end of the school year, does If "Yes", give the details in items 6a and 6b.
the student intend to continue as a
full-time student with less than a 5
month break between years? No
FUTURE
PLANS
Undecided } If "No", or "Undecided", do not complete items 6a and 6b.
6a. Enter the date (or approximate date) the 6b. Complete name and mailing address (including ZIP code) of the educational
next school year or term begins after institution the student will attend next year.
current enrollment (month, day year)
7. I certify that all information given in this certification is true and correct to the best of my knowledge and belief. I understand that I must
immediately notify the Office of Personnel Management (OPM) if the student transfers to another school, discontinues school attendance,
reduces attendance to less than full-time, marries, or dies. I further agree to return all overpayments of student benefits, including
PAYEE overpayments that may be erroneously made after I notify OPM of any terminating event.
SIGNS
HERE
Signature of payee Date
Part B - To be completed by an official of the educational institution for the school year to .
(month, year) (month, year)
6. Is/was the student enrolled in and attending a full-time 2. Actual date the student started school for the 3. Official ending date of that school
course of resident study or training (not school year indicated above (month, day, year). year (month, day, year).
correspondence) for the period requested?
G Yes G No
4. Check thy type of educational institution: 5. Show the complete name and mailing address (including ZIP code) of the
educational institution.
G High school G Junior college
G Trade school G College or university
G Technical institute G Other (specify)
G Vocational institute
6. Show the total school hours per week:
a. If college or equivalent, show credit hours......................
b. If high school or equivalent, show actual clock hours....... 7. Circle the student's highest grade level:
c. If in a work-study program sponsored by the school, show
hours at work ...................................................... High School College Other
hours at school ....................................................
7 8 9 10 11 12 1 2 3 4
Complete the following items if your institution is not a state college, state university, or public high school.
8. Show the complete name and address (including ZIP code) of the organization 9. If the educational institution is licensed, show:
which accredits, licenses, or otherwise recognizes the school.
a. Current license number: b. Expiration date of current
license (month, day, year)
I certify that the information given in regard to requested school enrollment of the above- Warning: Any intentional false statement,
SCHOOL named student is true and correct to the best of my knowledge and belief. willful concealment of material fact, or use of
a writing or document knowing the same to
OFFICIAL Signature of official of the educational institution contain a false, fictitious, or fraudulent
SIGNS statement or entry, is a violation of the law
HERE punishable by a fine of not more than $10,000
or imprisonment of not more than 5 years, or
both. (18 U.S.C.1001)
CSRS and FERS Handbook April, 1998
28 CSRS Children's Benefits FERS
Chapter 73
Title Date
Reverse of RI 25-41
February 1989
April, 1998 CSRS and FERS Handbook
CSRS Children's Benefits FERS 29
Chapter 73
Documentation in Support of Claim
for CSRS or FERS Benefits as a Disabled Dependent Child
OPM needs the information requested below to determine whether a child over age 18 is eligible for a survivor annuity. A child
over age 18 may be eligible for an annuity if he or she in incapable of self-support because of a physical or mental disability
incurred before he or she reached age 18. In addition, the child must have been a dependent child of the deceased Federal
employee or retiree on whose employment the annuity is based, and the child must be unmarried.
Name of Deceased (first, middle, last) Date of Birth of Deceased Social Security of Deceased
Name of Disabled Dependent (first, middle, last) Date of Birth of Disabled Dependent CSF Number
A. To be completed by disabled dependent child, parent, or guardian:
1. Does the disabled dependent child live with parent, guardian, or at a residential facility? If the disabled dependent resides
at a residential facility, please provide the name and address of the facility in the space below:
2. Is there a court-appointed guardian or fiduciary to handle the affairs of the disabled dependent? If so, please attach a copy
of the court order.
3. Is the disabled dependent now employed, or has he or she been employed during the last twelve months?
4. If the answer to question 3 is yes, please state the period and type of employment, the amount of earnings, and whether
employment was in a closely supervised environment, i.e., closed workshop.
5. Highest level of education of disabled dependent.
The Office of Personnel Management (OPM) will not pay for any expenses that are incurred when securing the
requested medical information from the physician.
I certify that the information provided above is correct.
Date Signature of Disabled Dependent Child, Parent, or Guardian
Address Telephone
RI 25-43
February 1990
For Local Reproduction
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30 CSRS Children's Benefits FERS
Chapter 73
B. To be completed by the physician:
Name of deceased (first, middle, last) Date of birth of deceased Social Security Number of deceased
Name of disabled dependent (first, middle, last) Date of birth of disabled dependent CSF Number
In order to determine if your patient is eligible for benefits under the retirement law, we need information regarding the current
medical condition.
1. Diagnosis of disability. 2. Age at onset.
3. Severity of disability (circle one): Mild Moderate Severe. 4. Estimate of expected date of full or partial recovery.
5. If patient is mentally retarded, please state approximate mental age. 6. I.Q. test results.
In addition, attach a narrative addressing the following points:
1. The history of the specific medical condition(s), including reference to findings from previous examinations,
treatment, and responses to treatment.
2. Clinical findings from your most recent medical evaluation, including findings of physical examination, results
of laboratory test, x-rays, EKG's and other special evaluations or diagnostic procedures and in the case of
psychiatric disease, the findings of mental status examination and the results of psychological tests.
3. Assessment of the current clinical status and plans for future treatment.
4. An explanation of the impact of the medical condition on life activities. For example, is the patient capable of
handling finances?
5. Assessment of the degree to which the medical condition has or has not become static, well stabilized or
controlled, and an explanation of the medical basis for the conclusion.
Signature Please Print Name
Street Address Date
City, State, and Zip Code Telephone Number
Privacy Act Statement
The information requested on this form is needed to determine whether the child is eligible for benefits beyond the age of 18 as provided in Title 5, U.S.
Code, Chapter 83 and 84. This information will be shared with the General Accounting Office and the U.S. Department of Justice in the event litigation
is required to enforce collection of an overpayment of annuity benefits. It may also be disclosed to other Federal agencies or Congressional offices which
have a need to know it in connection with your application for a job, license, grant or other benefit, or in connection with possible violation of law. It may
also be shared with national, state, local or other charitable or social security administrative agencies to determine and issue benefits under their
programs. While the law does not require you to supply all of the information requested on this form, it may not be possible to determine the child's
entitlement to benefits if you fail to do so.
Public Burden Statement
We think this form takes an average 20 minutes per response to complete, including time for reviewing instructions, getting the needed data, and
reviewing the completed form. Send comments regarding our estimate or any other aspect of this form, including suggestions for reducing completion
time, to the Paperwork Reduction Project, OMB Clearance Number 3206-0099, Office of Management and Budget, Washington, DC 20503 or Reports
and Forms Management Officer, U.S. Office of Personnel Management, 1900 E Street, NW., Room 6410, Washington, DC 20415.
Reverse of RI 25-43
February 1990
April, 1998 CSRS and FERS Handbook