Current through September 30, 2024
Section 843.303 - Marriage duration requirements(a) The current spouse of a retiree, an employee, or a separated employee can qualify for a current spouse annuity or the basic employee death benefit only if-(1) The current spouse and the retiree, employee, or separated employee had been married for at least 9 months, as explained in paragraph (b) of this section; or(2) A child was born of the marriage, as explained in paragraph (c) of this section; or(3) The death of the retiree, employee, or separated employee was accidental as explained in paragraph (d) of this section.(b) For satisfying the 9-month marriage requirement of paragraph (a)(1) of this section, the aggregate time of all marriages between the spouse applying for a current spouse annuity and the retiree, employee, or separated employee is included.(c) For satisfying the child-born-of-the-marriage requirement of paragraph (a)(2) of this section, any child, including a posthumous child, born to the spouse and the retiree, employee, or separated employee is included. This includes a child born out of wedlock if the parents later married or of a prior marriage between the same parties.(d)(1) A death is accidental if it results from homicide or from bodily injuries incurred solely through violent, external, and accidental means. The term "accidental" does not include a death caused by or the result of intentional self-destruction or intentionally self-inflicted injury, while sane or insane.(2) A State judicial or administrative adjudication of the cause of death for criminal or insurance purposes is conclusive evidence of whether a death is accidental.(3) A death certificate showing the cause of death as accident or homicide is prima facie evidence that the death was accidental.52 FR 2074, Jan. 16, 1987, as amended at 52 FR 23014, June 17, 1987