[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: 5CFR843.303]

[Page 310]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 843--FEDERAL EMPLOYEES RETIREMENT SYSTEM--DEATH BENEFITS AND EMPLOYEE REFUNDS--Table of Contents
 
              Subpart C--Current and Former Spouse Benefits
 
Sec. 843.303  Marriage duration requirements.

    (a) The current spouse of a retiree, an employee, or a separated 
employee can qualify for a current spouse annuity or the basic employee 
death benefit only if--
    (1) The current spouse and the retiree, employee, or separated 
employee 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 retiree, employee, or separated employee 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 retiree, employee, 
or separated employee 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 retiree, employee, or separated 
employee is included. This includes a child born out of wedlock if the 
parents later married 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 
caused by or the result of intentional self-destruction or intentionally 
self-inflicted injury, while sane or insane.
    (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.

[52 FR 2074, Jan. 16, 1987, as amended at 52 FR 23014, June 17, 1987]

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