[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: 5CFR841.204]

[Page 244]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 841--FEDERAL EMPLOYEES RETIREMENT SYSTEM--GENERAL ADMINISTRATION--Table of Contents
 
                  Subpart B--Applications for Benefits
 
Sec. 841.204  Deemed application to protect survivors.

    (a) A former employee is deemed to have filed an application for 
annuity if the former employee--
    (1) Was not reemployed in a position subject to FERS under subpart A 
of part 842 of this chapter on the date of death;
    (2) Dies after separation from Federal service but before actually 
filing an application for benefits; and
    (3) At the time of separation from Federal service, was eligible for 
an immediate annuity under Sec. 842.204(a)(1) and was eligible to elect 
to postpone the commencing date of that annuity under Sec. 842.204(c) of 
this chapter.
    (b) For the purpose of determining entitlement to a survivor 
annuity, a former employee who is deemed to have filed an application 
under paragraph (a) of this section is considered to have died as a 
retiree.
    (c) For purposes of determining the amount of a survivor annuity, 
the annuity of a former employee who, under paragraph (a) of this 
section, is deemed to have filed an application is computed as though 
the commencing date were the first day of the month after the former 
employee's death.

[55 FR 994, Jan. 11, 1990, as amended at 55 FR 41179, Oct. 10, 1990]