[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR843.410]

[Page 335-336]
 
                    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 D--Child Annuities
 
Sec. 843.410  Annuity for a child age 18 to 22 during full-time school attendance.

    (a) General requirements for an annuity. (1) For a child age 18 to 
22 to be eligible to receive an annuity as a full-time student, the 
child must also meet all other requirements applicable to qualify for an 
annuity by a child who has not attained age 18.
    (2) In addition to the requirements of paragraph (a)(1) of this 
section, OPM must receive certification, in a form prescribed by OPM, 
that the child is regularly pursuing a full-time course of study in an 
accredited institution.
    (b) Full-time course of study. (1) Generally, a full-time course of 
study is a noncorrespondence course which, if successfully completed, 
will lead to completion of the education within the period generally 
accepted as minimum for completion, by a full-time day student, of the 
academic or training program concerned.
    (2) A certification by an accredited institution that the student's 
workload is sufficient to constitute a full-time course of study for the 
program in which the student is enrolled is prima facie evidence that 
the student is pursuing a full-time course of study.
    (c) Certification of school attendance. (1) OPM may periodically 
request the recipient of a child's annuity payments to furnish 
certification of school attendance. The certification must be completed 
in the form prescribed by OPM.
    (2) If OPM requests the recipient of a child's annuity payments to 
provide a self-certification of school attendance, the recipient must 
complete and sign the certification form.
    (3) If OPM requests the recipient of a child's annuity payments to 
provide a certification by the school, the certification must be signed 
by an official who is either in charge of the school or in charge of the 
school's records. OPM will not accept certification forms signed by 
instructors, counselors, aides, roommates, or others not in charge of 
the school or the records.
    (i) If the educational institution is above the high school level, 
the certification must be signed by the president or chancellor, vice 
president or vice chancellor, dean or assistant dean, registrar or 
administrator, assistant registrar or assistant administrator, or the 
equivalent.
    (ii) If the educational institution is at the high school level, the 
certification must be signed by the superintendent of schools, assistant 
superintendent of schools, principal, vice principal, assistant 
principal, or the equivalent.
    (iii) If the educational institution is a technical or trade school, 
the certification must be signed by the president, vice president, 
director, assistant director, or the equivalent.
    (4) OPM will accept a facsimile signature of a school official only 
if it is accompanied by a raised seal of the institution or other 
evidence clearly demonstrating the authenticity of the certification and 
making unauthorized use of the signature stamp unlikely.
    (d) Continuation of annuity during interim breaks. A child's annuity 
continues during interim breaks between school years if the following 
conditions are satisfied:
    (1) The student must have been a full-time student at the end of the 
school term immediately before the break.
    (2) The break between the end of the last term of full-time 
attendance and the return to full-time attendance must not exceed 5 
months. (See Sec. 841.109 of this chapter, concerning calculation of 
this time period.)
    (3) The recipient of a child's annuity payments must show that the 
student has a bona fide intent to return to school as a full-time 
student immediately after the break. The full-time certification for the 
period term and the certification (in a form prescribed by OPM) by the 
recipient of a child's annuity payments that the student intends to 
return to school (immediately after the break) as a full-time student 
constitute prima facie evidence of a bona fide intent to return to 
school.
    (e) Benefits after age 22. (1) A student's eligibility for a child's 
annuity

[[Page 336]]

terminates based on reaching age 22 on--
    (i) June 30 of the calendar year of the child's 22nd birthday if the 
child's birthday is before July 1; or
    (ii) The last day of the month before the child's 22nd birthday if 
the child's birthday occurs after June 30 but before September 1 of the 
calendar year; or
    (iii) June 30 of the year after the one in which the child attains 
age 22 if the child's birthday is after August 31 of the calendar year.
    (2)(i) An otherwise eligible child who becomes a full-time student 
after his or her 22nd birthday but before the date the annuity 
terminates under paragraph (e)(1) of this section is eligible for 
annuity while he or she is a full-time student until the termination 
date under paragraph (e)(1) of this section.
    (ii) An otherwise eligible child who is a full-time student, and 
whose parent dies after the child's 22nd birthday but before the date 
the annuity terminates under paragraph (e)(1) of this section, is 
eligible for annuity while he or she is a full-time student after the 
death of the parent until the termination date under paragraph (e)(1) of 
this section.

[58 FR 32052, June 8, 1993]