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Code of Federal Regulations Title 20. Employees' Benefits § 20.222.23 Relationship as surviving divorced spouse

Current as of January 02, 2025 | Updated by Findlaw Staff

A claimant will be considered to be the surviving divorced spouse of a deceased employee if the conditions in either paragraph (a) or (b) of this section are met:

(a) Age or disability. The claimant applied for an annuity on the basis of age or disability, and the conditions set forth in § 222.22 are met.

(b) Child in care. The claimant applied for an annuity on the basis of having a child in care, and—

(1) His or her marriage to the employee has been terminated by a final divorce;  and

(2) He or she is not married (if the claimant remarried after the divorce from the employee, the later marriage has been terminated by death, final divorce, or annulment);  and

(3) He or she either—

(i) Was the natural parent of the employee's child;  or

(ii) Had been married to the employee when either the employee or the claimant legally adopted the other's child or when they both legally adopted a child who was then under 18 years of age.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 20. Employees' Benefits § 20.222.23 Relationship as surviving divorced spouse - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-20-employees-benefits/cfr-sect-20-222-23/

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