[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR843.406]

[Page 332-333]
 
                    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. 843.406  Proof of dependency.

    (a) A child is considered to have been dependent on the deceased 
employee or retiree if he or she is--
    (1) A legitimate child; or
    (2) An adopted child; or
    (3) A stepchild or recognized natural child who lived with the 
employee or retiree in a regular parent-child relationship at the time 
of the emplyee's or retirees death; or
    (4) A recognized natural child for whom a judicial determination of 
support was obtained; or
    (5) A recognized natural child to whose support the employee or 
retiree made regular and substantial contributons.
    (b) The following are examples of proofs of regular and substantial 
support. More than one of the following proofs may be required to show 
support of a natural child who did not live with the employee or retiree 
in a regular parent-child relationship and for whom a judicial 
determination of support was not obtained.
    (1) Evidence of eligibility as a dependent child for benefits under 
other State or Federal programs;
    (2) Proof of inclusion of the child as a dependent on the decedent's 
income tax returns for the years immediately before the employee's or 
retiree's death;

[[Page 333]]

    (3) Cancelled checks, money orders, or receipts for periodic 
payments received from the employee or retiree for or on behalf of the 
child;
    (4) Evidence of goods or services that show regular contributions of 
considerable value;
    (5) Proof of coverage of the child as a family member under the 
employee's or retiree's Federal Employees Health Benefits enrollment; 
and
    (6) Other proof of a similar nature that OPM may find to be 
sufficient to demonstrate support or parentage.
    (c) Survivor benefits may be denied--
    (1) If evidence shows that the deceased employee or retiree did not 
recognize the claimant as his or her own despite a willingness to 
support the child; or
    (2) If evidence casts doubt upon the parentage of the claimant, 
despite the deceased employee's or retiree's recognition and support of 
the child.