§ 30.500. What special statutory definitions apply to survivors under EEOICPA?
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/us/cfr/t20/s§ 30.500·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For the purposes of paying compensation to survivors under both Parts B and E of EEOICPA, OWCP will use the following definitions:
(1)Surviving spouse means the wife or husband of a deceased covered Part B employee or deceased covered Part E employee who was married to that individual for the 365 consecutive days immediately prior to the death of that individual.
(2)Child of a deceased covered Part B employee or deceased covered Part E employee means only a biological child, a stepchild or an adopted child of that individual.
(b)For the purposes of paying compensation to survivors only under Part B of EEOICPA, OWCP will use the following additional definitions:
(1)Parent includes fathers and mothers of a deceased covered Part B employee through adoption.
(2)Grandchild means a child of a child of a deceased covered Part B employee.
(3)Grandparent means a parent of a parent of a deceased covered Part B employee.
(c)For the purposes of paying compensation to survivors under Part E of EEOICPA, OWCP will use the following additional definitions:
(1)Covered child means a child that is, as of the date of the deceased covered Part E employee's death, either under the age of 18 years, or under the age of 23 years and a full-time student who was continuously enrolled in one or more educational institutions since attaining the age of 18 years, or any age and incapable of self-support. A child's marital status or dependency on the covered employee for support is irrelevant to his or her eligibility for benefits as a covered child under Part E.
(2)Incapable of self-support means that the child must have been physically and/or mentally incapable of self-support at the time of the covered employee's death. [71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3052, Feb. 8, 2019]