[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR831.642]

[Page 111-112]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 831--RETIREMENT--Table of Contents
 
                      Subpart F--Survivor Annuities
 
Sec. 831.642  Marriage duration requirements.

    (a) The surviving spouse of a retiree who retired on or after May 7, 
1985, or of a retiree who retired before May 7, 1985, but married that 
surviving spouse on or after November 8, 1984, or of an employee or 
Member who dies while serving in a position covered by CSRS on or after 
May 7, 1985, or of an employee or Member who died while serving in a 
position covered by CSRS before May 7, 1985, but married that surviving 
spouse on or after November 8, 1984, can qualify for a current spouse 
annuity only if--
    (1) The surviving spouse and the employee, Member, or retiree had 
been married for at least 9 months, as explained in paragraph (b) of 
this section; or
    (2) A child was born of the marriage, as explained in paragraph (c) 
of this section; or
    (3) The death of the employee, Member, or retiree was accidental as 
explained in paragraph (d) of this section.
    (b) For satisfying the 9-month marriage requirement of paragraph 
(a)(1) of this section, the aggregate time of all marriages between the 
spouse applying for a current spouse annuity and the employee, Member, 
or retiree is included.
    (c) For satisfying the child-born-of-the-marriage requirement of 
paragraph (a)(2) of this section, any child, including a posthumous 
child, born to the spouse and the employee, Member, or retiree is 
included. This includes a child born out of wedlock or of a prior 
marriage between the same parties.
    (d)(1) A death is accidental if it results from homicide or from 
bodily injuries incurred solely through violent, external, and 
accidental means. The term ``accidental'' does not include a death--
    (i) Caused wholly or partially, directly or indirectly, by disease 
or bodily or mental infirmity, or by medical

[[Page 112]]

or surgical treatment or diagnosis thereof; or
    (ii) Caused wholly or partially, directly, or indirectly, by 
ptomaine, by bacterial infection, except only septic infection of and 
through a visible wound sustained solely through violent, external, and 
accidental means; or
    (iii) Caused wholly or partially, directly or indirectly, by hernia, 
no matter how or when sustained; or
    (iv) Caused by or the result of intentional self-destruction or 
intentionally self-inflicted injury, while sane or insane; or
    (v) Caused by or as a result of the self-administration or illegal 
or illegally obtained drugs.
    (2) A State judicial or administrative adjudication of the cause of 
death for criminal or insurance purposes is conclusive evidence of 
whether a death is accidental.
    (3) A death certificate showing the cause of death as accident or 
homicide is prima facie evidence that the death was accidental.

[50 FR 20070, May 13, 1985; 50 FR 21031, May 22, 1985, as amended at 51 
FR 31933, Sept. 8, 1986; 56 FR 16263, Apr. 22, 1991. Redesignated at 58 
FR 52882, Oct. 13, 1993]