§ 222.23. Relationship as surviving divorced spouse.
172 words·~1 min read·
/us/cfr/t20/s§ 222.23·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.