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945.5 Dependency

945.5.1 When Dependency Is Required

A. Life cases - Dependency of the child upon the employee is required when:

1. The employee's annuity is to be increased under the O/M by including a 

child, a grandchild or a spouse who has a child in care; or

2. A spouse under age 65 files for a full spouse annuity on the basis of a 

child or a grandchild in care.

B. Survivor cases - Dependency of a child upon the deceased employee is required 

for entitlement to a child's insurance annuity. Dependency must be established 

at the time of the employee's death unless the employee had a disability freeze 

that continued until the time when (s)he would have met the conditions for an age 

or disability benefit under the SS Act if his/her. Railroad service had been 

covered as wages under that act. If the deceased employee had a disability 

freeze that continued until (s)he would have become entitled to a social security 

benefit or died, the dependency requirements may be met at the following points:

1. At the beginning of the period of disability; or

2. At the time the employee would have become entitled to a social security 

benefit (as explained above).

The dependency requirement must be met even if the child was previously 

determined to be dependent upon the employee for the purpose of increasing the 

employee's O/M or qualifying a spouse for an annuity.

945.5.2 When Dependency Requirement Must Be Met

The point in time at which a child must be dependent upon the employee varies 

according to the type of claim as shown in the following table.

CHILD'S STATUS TYPE OF CLAIM POINT IN TIME 

DEPENDENCY MUST 

EXIST

Natural child, 

equitably adopted 

child, stepchild, 

deemed child, 

illegitimate.

IPI child in Employee's O/M
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1. No DF or DIB involved When employee's annuity 

can be increased under 

by including child.

2. DF or DIB involved. When latest DF period 

begins, or when 

employee last meets DIB 

requirements, OR when 

child is otherwise eligible 

to be included under DIBO/M.

Spouse with Child in Care

1. Full spouse annuity 

under RR Act.

Beginning date of spouse 

annuity.

2. Inclusion under O/M. When employee's annuity 

can be increased under 

O/M by including child.

Child of Deceased Employee

1. Child's Insurance 

Annuity.

At the time of the 

employee's death, unless 

employee because 

entitled to a disability 

freeze that continued until 

the time when he or she 

would have met the 

conditions for an age or 

disability benefit under 

the Social Security Act if 

his or her RR service had 

been covered as wages 

under the Act. If the 

deceased employee had 

a disability freeze that 

continued until he or she 

would have become 

entitled to a social 

security benefit or died, 

the dependency 

requirements may be met 

at the following points:
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• At the beginning of 

the period of 

disability; or

• At the time the 

employee would

have become entitled 

to a social security 

benefit.

Grandchild (except a 

legally adopted 

grandchild.)

Any type of claim. During the entire 1-year** 

prior to month in which:

1. Employee became 

entitled to the O/M 

or died; or

2. Period of disability 

began which 

continued to what 

would be social 

security entitlement 

or death.

Legally Adoped Child IPI Child in Employee's O/M

1. Adopted before month 

of employee's O/M 

entitlement.

When employee's annuity 

can be increased under 

O/M or DIB-O/M by 

including child.

2. Adopted any time after 

employee's O/M 

entitlement.

When employee's annuity 

can be increased under 

O/M or DIB-O/M by 

including child.

Spouse With Child in Care

1. Full spouse annuity 

under RR Act.

Beginning date of spouse 

annuity.

2. Inclusion under O/M. When employee's annuity 

can be increased under 

O/M by including child.

Child of Deceased Employee
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Child's insurance annuity. At the time of the 

employee's death.

** A child born during the 1-year period is deemed to meet the 1-year requirement.

945.5.3 Child's Dependency Upon Natural or Legally Adoptive Parent

A. Life cases - A legally adopted child (including a grandchild) who is adopted by 

the employee during his lifetime is deemed dependent for payment of RR formula 

annuities, and, as such, can qualify a spouse for a full spouse annuity if the "in 

care" requirement is met. However, if an adopted child is to be included in the 

computation of the employee's annuity under the O/M, the following requirements 

must be met:

1. Months after 9-1972 - A child will be deemed dependent upon the 

employee when the employee is his natural parent. A legally adopted 

child will be deemed dependent unless the child was adopted after the 

point at which the employee would have been entitled to an age or 

disability social security benefit if his/her railroad service had been 

covered as wages under that act. If the child is adopted by someone else 

during the employee's lifetime, dependency is established by "living with" 

or if the employee is contributing to the child's support.

2. Months after 1-1968 and prior to 10-1972 - A child will be deemed 

dependent upon the employee as for months after 9-l972 unless 

subsequently adopted by someone other than the employee.

3. Months after 8-l960 and prior to 2-1968

a. Male employees - The rules for establishing dependency are the 

same as for months after l-l968 and prior to 10-1972.

b. Female employees - A child will be deemed dependent upon the 

employee when the employee is his natural mother or legally 

adoptive mother if the employee is currently insured under the SS 

Act or partially insured under the RR Act. If the employee is not 

currently insured under the SS Act or partially insured under the RR 

Act, the child is dependent upon her only if:

• The employee contributes one-half of the child's support; or 

• The employee is living with or contributing to the child's support 

AND the child's natural or adopting father is neither living with 

nor contributing to the child's support.

4. Months prior to 9-1960
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a. Male employee - A child is dependent upon his natural or legally 

adopting father (employee) if:

• Such father is living with or contributing to the child's support; or

• The child is the employee's legitimate or legally adopted child, 

has not been adopted by someone else, AND is not living with 

AND receiving more than one-half of his support from his 

stepfather.

NOTE: In those states in which adoption by another person 

during the natural father's lifetime does not cut off inheritance 

rights between the child and such father, the child may qualify 

on the insured status of the natural father. However, in such a 

case, the child is dependent upon his natural father ONLY if he 

is living with or receiving contributions for support from such 

father.

b. Female employee - The rules for establishing dependency are the 

same as for months prior to 2-1968 and after 8-1960.

B. Survivor cases

1. Months after 9-1972 - A natural child will be deemed dependent upon the 

deceased employee when the employee was his natural parent. A legally 

adopted child will be deemed dependent upon the deceased employee 

when the employee was his legally adoptive parent. The child's benefits 

or annuity will not be terminated if he is subsequently adopted.

2. Months after 1-1968 and prior to 10-1972 - A child will be deemed 

dependent upon the deceased employee as for months after 9-1972 

unless he is adopted by someone other than a stepparent, grandparent, 

aunt, uncle, brother or sister. If a child is adopted by someone other than 

one of these "close" relatives, his annuity must be terminated. However, 

he can qualify as an IPI, if another family member is being paid under the 

O/M.

3. Months after 8-1960 and prior to 2-1968

a. Male employees - The rules for establishing dependency are the 

same as for months after 1-1968 and prior to 10-1972.

b. Female employees - A child will be deemed dependent upon the 

deceased employee when the employee was his natural mother or 

legally adoptive mother if the employee was currently insured under 

the SS Act or partially insured under the RR Act. If the employee 

was not currently insured under the SS Act or partially insured 

under the RR Act, the child is dependent upon her only if:
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• The employee contributed one-half of the child's support; or

• The employee was living with or contributing to the child's 

support AND the child's natural or adopting father is neither 

living with nor contributing to the child's support.

4. Months prior to 9-1960

a. Male employee - A child is dependent upon his natural or legally 

adopting father (employee) if:

• Such father was living with or contributing to the child's support; 

or

• The child was the employee's legitimate or legally adopted child, 

has not been adopted by someone else, AND is not living with 

AND receiving more than one-half of his support from his 

stepfather.

NOTE: In those states in which adoption by another person 

during the natural father's lifetime does not eliminate inheritance 

rights between the child and such father, the child may qualify 

on the insured status of the natural father. However, in such a 

case, the child is dependent upon his natural father ONLY if he 

is living with or receiving contributions for support from such 

father.

b. Female employee - The rules for establishing dependency are the 

same as for months prior to 2-1968 and after 8-1960.

945.5.4 Child Legally Adopted by Employee's Widow(er) 

Effective 1-1-91 (for applications filed after 12-31-90), a child will be deemed to have 

been dependent upon the deceased employee if:

A. The child was living with the employee at the time of the employee's death; or

B. The child received at least one-half support from the employee in the year prior 

to the employee's death.

NOTE 1: The above rules apply both to children adopted within 2 years of the 

employee's death and to children adopted more than 2 years after the 

employee's death when adoption proceedings were initiated before the 

employee's death.

NOTE 2: Prior to 1-1-91, the following requirements applied: the employee 

instituted proceedings to adopt the child before the employee's death; and the 

child was living in the employee's household at the time of death; and at the time 
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of his death, the child is not receiving support from any public or private welfare 

organization which furnishes assistance or services for children, or from any 

person other than the employee or spouse.

945.5.5 Child's Dependency Upon Equitably Adopting Parent

A child's dependency upon an equitably adopting parent will not be deemed as in the 

case of a legally adopting parent, but rather dependency will be established in 

accordance with A or B below.

A. Equitably adopting father - He must either:

1. Be living with the equitably adopted child; or

2. Be contributing to the equitably adopted child's support. 

B. Equitably adopting mother

1. Months after 1-1968 - She must either:

a. Be living with the equitably adopted child; or

b. Be contributing to the equitably adopted child's support.

2. Months prior to 2-1968 She must either:

a. Be contributing one-half of the equitably adopted child's support; or

b. Be living with or contributing to the equitably adopted child's 

support AND the natural or adopting (including equitably adopting) 

father is neither living with nor contributing to the child's support.

Please have adopting parent complete Form G-139, Statement Regarding Contributions 

and Support of Children, and submit with their application.

945.5.6 Child's Dependency Upon Stepparent

A child's dependency upon a stepparent may not be deemed. Dependency must be 

established in accordance with A, B or C below.

A. Stepfather - He must either:

1. Be living with the stepchild; or

2. Be contributing one-half of the stepchild's support.

B. Stepmother

1. Months after l-1968 - She must either:
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a. Be living with the stepchild; or

b. Be contributing one-half of the stepchild's support.

2. Months prior to 2-1968 - She must either:

a. Be contributing one-half of the stepchild's support; or

b. Be living with or contributing to the stepchild's support AND the 

natural or adopting father is neither living with nor contributing to 

the stepchild's support.

C. Stepparents Effective July 1, 1996 

The employee must be contributing at least one-half support to the stepchild. "Livingwith" is no longer an option for meeting dependency.

945.5.7 Illegitimate Child's Dependency Upon Parent

The following rules will be applied when an illegitimate child cannot be deemed a child 

of the employee under the February l968 amendments to the RR Act:

A. Father

1. Effective 6-29-76 - Dependency is deemed if the child has inheritance 

rights under state law.

2. Prior to 6-29-76 - The child's dependency upon the father is determined by 

the child's status under applicable state law. If the child is recognized or 

acknowledged by the father for inheritance purposes under applicable 

state law, the child is dependent if the father:

a. Is living with the child; or

b. Is contributing to the child's support.

B. Mother

1. Effective 6-29-76 - Dependency is deemed if the child has inheritance 

rights under state law.

2. Months after January l968 - The child's dependency upon the mother is 

determined by the child's status under applicable state law. If the child is 

recognized or acknowledged by the mother for inheritance purposes under 

applicable state law, the child is dependent upon the mother if she:

a. Is living with the child; or

b. Is contributing to the child's support.
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3. Months prior to February l968 - If the mother is currently insured under the 

SS Act or partially insured under the RR Act, the child will be deemed 

dependent upon the mother regardless of the child's status under 

applicable state law.

If the mother is not currently insured under the SS Act or partially insured 

under the RR Act, the child is dependent upon the mother if she is:

a. Contributing one-half of the child's support; or

b. Living with or contributing to the child's support AND the child's 

father is neither living with nor contributing to the child's support.

945.5.8 Deemed Child's Dependency Upon Parent

A. Child of invalid ceremonial marriage - For months after January l968, the 

dependency of such a child upon the natural parent is deemed as for a legitimate 

child. It is, therefore, not necessary to determine whether the child has 

inheritance rights under applicable state law.

B. Illegitimate child deemed a child for months after January 1968 - The 

dependency of such a child upon the parent is deemed as for a legitimate child.

945.5.9 Determining Whether Child Is "Living With"

"Living with" is defined as meaning the child and parent share a common roof under 

conditions which indicate more than mere coincidence of residence. It also means that 

the parent has the right to exercise, or is exercising, parental responsibility and 

authority. 

Periodic or temporary separation does not prevent a finding of "living with" if the 

circumstances indicate that the child and parent have shared and again intend to share 

a common roof or resume common residence when conditions permit. Thus, a parent 

who shares a common roof with the child until induction into the armed forces is 

deemed to be "living with" the child. However, if the child is in the armed forces or 

committed to a correctional institution, do not consider him to be "living with" his parent 

since the parent does not have the right to exercise parental control.

945.5.10 Grandchild Dependency Requirements

A. Dependency - In addition to meeting the relationship requirements in FOM-I940.30.3, the grandchild must also have been dependent on the employee. Note 

that the child must have the necessary relationship to the employee at the time 

used for establishing dependency. To be dependent, a grandchild must have:

1. Begun living with the employee before (s)he attained age l8; and
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2. Lived with the employee in the U.S. throughout the year specified in B. 

below; and

3. Received at least one-half support from the employee throughout that 

same year.

B. Time requirement - living with and one-half support - The grandchild must have 

been living with and receiving one-half support from the employee for the entire

year before:

1. The month in which the employee would have met the requirements for a 

social security benefit if covered or the month in which the employee died; 

or

2. The month in which the employee's period of disability began which 

continued until (s)he would have met the conditions for entitlement to a 

social security benefit if covered or until his/her death; or

3. In the case of a grandchild adopted by an RIB or DIB beneficiary only, the 

month before the application is filed for the child.

If the grandchild was born during this 1-year period, the dependency 

requirements are deemed to be met if the grandchild lived with the employee in 

the U.S. and received at least one-half support from the employee for 

substantially the entire period between the date of his birth and the earliest of the 

above mentioned dates.

C. No natural or adopting parent living with and contributing to the support of the 

child - in cases involving adoption of a grandchild or step-grandchild by the 

deceased employee's surviving spouse, the grandchild, in addition to meeting the 

relationship tests in FOM-I- 940.30.1, must not have been receiving regular 

contributions towards his support from his natural or adopting parent or 

stepparent who was living in the employee's household at the time the employee 

died. The parent must have been both contributing to the support of the child 

and living in the employee's household for benefits to be precluded. A parent 

who is living in the employee's household but not contributing to the child's 

support will not bar the child's entitlement.

Likewise, regular contributions from a parent not living in the employee's 

household will not bar the child's entitlement. However, such contributions must 

be considered in determining whether the child was receiving at least one-half of 

his support from the employee.
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945.10 Support

945.10.1 Support Defined

A. General - Support is the maintenance of a person necessary for his well being. It 

includes such things as food, clothing, shelter, current medical needs, etc. 

Support of a person can be shown by contributions in cash, kind or services.

B. One-half support - One-half support means that the applicant is receiving at least 

50% of his support from the employee in the form of regular contributions in 

case, kind or services.

945.10.2 When Proof of Support Is Required

A. Life cases - A husband must have met the requirement of receiving at least onehalf of his support from his wife:

1. To receive a male spouse annuity beginning before 3-1-77, or to be 

included in the retirement O/M computation as a male spouse before 3-1-

77. Effective 3-1-77, one-half support is no longer a requirement for 

payment of a male spouse annuity or for inclusion in the retirement O/M 

computation; or

2. To be exempt from reduction for a public service pension (PSP), if he is 

eligible for the PSP before 7-1-83; or

3. To receive payment of a RIB/DIB vested dual benefit, before spouse 

vested dual benefits were eliminated beginning 8-13-81.

A spouse or divorced spouse who is receiving one-half support, and is 

eligible for a PSP before 7-1-83, may be exempt from reduction for the 

PSP beginning 12-1-82. See FOM-I-120. 

B. Survivor cases - Proof of support is required for a parent's annuity and for certain 

cases of child dependency.

Effective July 1, 1996, all stepchildren must meet the dependency requirement of 

one-half support. Prior to July 1, 1996, a stepchild was deemed dependent if the 

child was living-with the employee.

A widower must have been receiving one-half support from the employee at the 

time of her death or at the time her retirement annuity began for his annuity to 

begin before 3-1-77; after February 1977 a widower does not have to prove onehalf support except for payment of a vested dual benefit (if payable before 8-13-

81) or employee annuity restored amount. In addition, a widow or a widower who 

is eligible for a PSP before 7-1-83 may have to prove one-half support to be 

exempt from reduction for the PSP. See FOM-I-120. 
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945.10.3 Contributions to Child's Support

A. General - "Contributions to support" means regular and substantial contributions 

in cash or kind. The amount of contributions must be a material factor in the 

reasonable cost of the child's support. Whether contributions to the child's 

support are voluntary or compulsory does not matter. Therefore, a court order 

for support is not significant; only contributions actually made (without regard to 

the amount the court order specifies) will be considered.

Benefits to a child based on the employee's insured status are contributions by 

the employee.

Gifts or donations at special times or for special purposes usually are not 

contributions, nor are funds set aside for the child's future use contributions. 

Donations are contributions only if they are given for the child's support and are 

large enough to provide some of the usual necessities.

B. Determining one-half support - Contributions in both cash and kind will be 

considered when determining whether a parent contributes at least one-half of 

the total cost of the child's support.

C. Limited interruption rule - "Contributions to support' can be established even 

though the normal pattern of contributions is disturbed by a temporary 

interruption (i.e., does not involve an assumption of support by someone else on 

a permanent and continuing basis). However, the evidence must prove that the 

interruption is involuntary (i.e., due to ill health, disability, unemployment, etc.) 

and that contributions would have been continued had conditions permitted.

945.10.4 Statement Regarding Support

When applicable obtain a sworn statement from the applicant or other person having 

knowledge of the facts regarding contributions to the child's support. The statement 

should furnish the following information:

A. Name of person who is contributing to the support of the child and relationship to 

the child; 

B. How often cash payments are made by such person for the support of the child;

C. The usual amount of each payment;

D. The period of time over which the payments are made;

E. The amount and date of the last payment;

F. A description of any contributions made in a form other than cash and their cash 

value;
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G. The name of the person to whom payments are made for the child's support.

In addition, if the pooled fund method can be used in determining if the one-half support 

requirement is met, secure the amount and source of income of each member of the 

single family residing in the household. (See FOM-I-945.10.7 for an explanation of the 

"Pooled Fund Method of Determining Support" and when this method can be used.)

945.10.5 Time Frame for Determining Support

An applicant must be receiving at least one-half support from the employee at the time 

the employee's annuity began under the RR Act, or at the time of the employee's death. 

In a life case, if support is established for annuity purposes, it is also established for 

O/M purposes.

Although "the time the retirement annuity began under the RR Act, or at the time of the 

employee's death" refers to the date on which those events occurred, the facts relating 

to the applicant's total support for a reasonable period before such date are considered 

in determining whether the support requirement is met. The three following sections 

illustrate the application of this principle.

A. Twelve months as a reasonable period - An applicant meets the support 

requirement at the appropriate time if, during the 12-month period preceding that 

time, the employee contributed regularly and without a permanent break at least 

one-half the applicant's whole support. Where there is a change in the support 

pattern, the period to be considered in determining support begins with the 

change in circumstances unless unfortunate circumstances are present.

B. Three months as a reasonable period - unfortunate circumstances involved - The 

applicant is receiving at least one-half support if:

1. The employee contributes at least one-half of the applicant's whole 

support for at least 3 months of the support year; and

2. Unfortunate circumstances such as illness, unemployment, etc., prevent 

the employee from making further contributions; and

3. The applicant's income during the rest of the year (excluding initial or 

supplemental public assistance grants first received after the employee 

stopped contributing) is reduced 25% or more.

C. Other reasonable periods - The applicant meets the support requirement at the 

appropriate time if the employee, during a reasonable period just before that 

time, contributes at least one-half of the applicant's support. The brevity of such 

a period does not preclude a finding of support if the employee plainly showed 

intent to provide at least one-half of the applicant's support on a continuing and 

permanent basis.
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When the applicant receives wages and/or SE income during part of the year 

before the employee's annuity began or before the employee's death but not in 

the period just before the employee's ABD or death, have the applicant state 

whether the employment was permanent or temporary, or regular or seasonal in 

nature. If the applicant could reasonably be expected to return to regular 

employment at the time of or shortly after the employee's ABD or death, the 

reasonable period rule usually will not apply.

D. Deemed support rule - Effective 1-1-82, the applicant is deemed to have been 

receiving at least one-half support from the employee if the employee provided 

the applicant with room and board, and the applicant's income from other 

sources was not more than $128.50 a month ($96 a month for support periods 

1979 through 1981). This rule may be used only to find one-half support, not to 

deny it.

945.10.6 Income

Any payment received by the applicant in cash, kind or services (including any proceeds 

from property) is income to the applicant. Also consider the amount of unpaid debts 

contracted by the applicant for current support during the period for which support is 

being determined. The following sections list the types of income that should be 

considered when support is being developed.

A. Employment - For support purposes, the applicant's net income from 

employment is his gross pay minus any expenses incurred in furthering his 

employer's business.

B. Investment and similar income - If the applicant is the sole owner of income 

producing property such as stocks and bonds, real estate investments, bank 

deposits, etc., the current earnings (dividends, interest, etc.) are income to the 

applicant. If the property is jointly owned, the income will be allocated equally to 

the joint owners.

C. Business - Net earnings from the operation of a business (including commercial 

farms) are income for support purposes. When the employee and the applicant 

are joint owners, the net income will be allocated equally to both.

D. Rental property - Income from rental property is equal to the gross income minus 

all regular expenses. Accelerated mortgage payments and depreciation are not

regular expenses.

E. Farming - The net value of farm or garden produce used (market value less 

expenses of production) is income for support purposes.

F. Sales of assets - Proceeds from the sale of assets are considered income only if 

and to the extent used for support purposes.
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G. Funds from insurance policies - Funds from policies of which the applicant is 

either owner or beneficiary are considered income only if and to the extent used 

for support purposes.

H. Federal benefits - Monthly benefits paid under the RR Act and those of other 

Federal agencies are income to the applicant. Lump-sums paid under the RR 

Act and those of other Federal agencies are also income to the applicant if used 

for the applicant's support.

I. Public assistance or other public aid - Public assistance or other aid is income to 

the recipient in all cases. However, such income does not prevent the applicant's 

entitlement when it is initially received or increased after unfortunate 

circumstances forced a reduction or termination of the employee's contributions.

J. Room and board - Room and board furnished to the applicant by the employee 

or some other person is income and must be considered in the support 

computation.

K. Contributions - A contribution to an applicant by the employee or some other 

person is income to the applicant. A contribution may be in cash, in kind, or work 

done.

1. Contributions in kind - In order for a one-time contribution in kind to 

constitute income for support, it must be used for support. The cash value 

of regular contributions in kind is the cost of the items if bought in the open 

market when the contributions were made. 

2. Contributions of work - The cash value of work that the employee or other 

person does for the applicant, or vice versa, is what it would cost to hire 

similar labor to do similar tasks in the same length of time.

This rule applies to work for which labor would usually be hired, such as 

repairs or improvements in the home. It does not apply to routine 

household tasks ordinarily expected of members of the household; these 

tasks do not have a cash value in determining support.

3. Housing - If the applicant occupies a rent-free house provided by the 

employee or some other person, consider the fair rental value as income 

to the applicant if the contributor owns the property and pays the 

maintenance costs. (Maintenance costs do not include ordinary utilities.)

945.10.7 Pooled Fund Method of Computing Support

The pooled fund method of computing support is based on the assumption that, where 

all income coming into a household is pooled for the support of the household, each 

member shares equally in the funds used for support. The pooled fund method cannot 

be used to establish support when:
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A. Separate family groups are living in the same household; or

B. A father is under a court order to support his minor children, but the order does 

not provide for payments to the mother; or

C. There is evidence indicating that the income for support is not shared equally.

If using the pooled fund method results in disproving one-half support by a narrow 

margin, the method will not be used; further development will be initiated to determine 

the amounts of actual contributions by the employee and living expenses of the alleged 

dependent.

When the pooled fund method is used to establish support, it is assumed that each 

member of the family shares equally in the income received by the family for support. 

This method can be used to determine whether the dependency requirement is met for 

purposes of qualifying a husband, parent or grandchild for a monthly benefit.

945.10.8 Grandchildren-Special Support Rules

A grandchild or step-grandchild, as defined in FOM-I-940.30.1, may qualify for benefits 

or qualify the employee's wife for benefits effective January 1, 1973. In addition to 

meeting the relationship requirements, except for a grandchild adopted by an O/M 

recipient (see FOM-I-945.10.9), the grandchild or step-grandchild must meet the 

dependency requirements and fulfill the requirements in A or B below.

A. The child's natural or adoptive parents must be either deceased or disabled:

1. In the month in which the employee met the conditions for entitlement to 

the O/M, or died; or

2. In the month in which the employee's period of disability began which 

continued until he met the conditions for entitlement to the O/M or until his 

death.

B. The child was legally adopted anytime after the employee died by the employee's 

surviving spouse in an adoption decree by a court of competent jurisdiction within 

the U.S. (including Puerto Rico, the Virgin Islands, Guam and American Samoa), 

and the child's natural or adopting parent or stepparent was not living in the 

employee's household and making regular contributions.

945.10.9 Requirements for Eligibility of Grandchild Adopted by an O/M Recipient

An adopted grandchild of the employee or spouse who does not meet the dependency 

requirements for any of the 1-year periods shown in FOM-I-945.5.2 may still be eligible 

to be included in the O/M or make the employee's wife eligible to be included in the O/M 

if:

A. The adoption was by an O/M recipient, and
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B. The dependency requirements in FOM-I-945.5.10 are met for the 1-year period 

immediately prior to the month in which the child's application is filed. This is the 

alternative period of dependency test. Under this test, the child must meet all of 

the following requirements:

1. (S)he must not be a step-grandchild as defined in FOM-I-940.30.1; and

2. (S)he must have been legally adopted by the employee in an adoption 

decreed by a court of competent jurisdiction in the U.S. (including Puerto 

Rico, the Virgin Islands, Guam and American Samoa); and

3. (S)he must not have attained the age of l8 before (s)he began living with 

the employee; and

4. (S)he must have been both living with the employee in the U.S. (including 

the territories in number 2, above) and receiving one-half support from the 

employee for the entire 1-year period immediately before the month in 

which the child's application is filed.

The alternative dependency test for grandchildren does not affect cases where 

the child is adopted after the employee's death by his surviving spouse. A stepgrandchild of the employee or spouse (who is not the grandchild of the other) 

does not qualify under this provision.

An adopted child born during the 1-year period is deemed to meet the living with 

and one-half support requirement if he lived with and received at least one-half 

support from the employee for substantially all of the period from the date of his 

birth to the month in which the child's application is filed.

NOTE: Unlike the grandchild definition and dependency requirements in 

sections 945.10.8 and 945.5.10, respectively:

• There are no conditions requiring the grandchild's parents to be either 

deceased or disabled; and

• There are no conditions regarding partial support by the grandchild's parent 

who lives in the same household. Of course, if the grandchild's parent is 

contributing one-half support of more, then the grandchild could not be 

dependent upon the employee.

945.10.10 Development of Proof of Death or Disability of Grandchild's Natural or 

Adopting Parents

In all cases except those in which a grandchild could qualify as an employee's adopted 

child, the grandchild's parents must be either deceased or disabled. In the applicable 

cases, when the death or disability of the grandchild's natural or adopting parent cannot 

be proved, the claim for the grandchild must be denied. The natural or adopting parents 

will generally be identified in the evidence obtained.
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A. Proof of death

1. Natural child of employee's or spouse's daughter - The natural mother's 

death must be established. If the evidence establishes the identity of the 

child's natural father, his death must also be established. Otherwise, an 

attempt must be made to ascertain his identity through contact with the 

person filing on behalf of the child, the employee or his spouse or any 

other readily available person who might reasonably be expected to have 

that knowledge. In addition, other possible sources of evidence (such as 

hospital, church, court or school records) should be checked. All efforts to 

identify the natural father should be documented and submitted for the file.

If the child's father is identified but his whereabouts are unknown or, for 

any reason, proof of death cannot be obtained, an assumption cannot be 

made that the father is deceased, except where death can be presumed.

2. Natural child of employee or employee's spouse's son - The natural 

father's death must be established. In addition, there should be no 

difficulty in identifying the child's natural mother since this information is 

almost always shown on the child's birth certificate. If this document is not 

available, the identity of the child's mother should be established following 

the same general guidelines for identifying the natural father described in 

l. above.

3. Legally adopted child of employee or employee's spouse's son or 

daughter - The death of both adopting parents must be established. If 

neither adopting parent is also the child's natural parent, it is not material 

whether the child's natural parents are deceased. If one parent adopted 

his spouse's natural child, the death of both the adopting parent and the 

natural parent must be established. In the rate case in which an individual 

alone adopted the child without being joined by his spouse, if any, in the 

adoption, only the death of the adopting parent need be established.

4. Stepchild of employee or employee's spouse's son or daughter - The 

stepparent need not be deceased. The evidence must identify the natural 

or adopting parent to whom the employee or employee's spouse's child 

was married, and the death of that parent must be established. In 

addition, the death of the child's other natural or adopting parent (if any) 

must also be established if this person is identified by the evidence in file. 

An attempt must be made to ascertain the other parent's identity and 

death following the same procedure outlined in 1 above.

B. Proof of disability - The grandchild's parent must have been disabled within the 

meaning of the SS Act as of the month in which:

• The employee met the conditions for entitlement to the O/M; or
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• The employee began a period of disability which continued until he met the 

conditions for entitlement to the O/M or until his death; or

• The employee died.

1. When disability under the SS Act has been established - If disability is 

alleged and SSA is paying a DIB to the grandchild's parent, a copy of the 

award letter or similar evidence of SSA's award will be sufficient proof of 

disability.

2. When disability under the SS Act has not been established - If disability is 

alleged and either no application for a DIB was ever filed, or SSA denied 

the DIB application for lack of insured status, obtain:

a. A statement from the grandchild's parent who claims to be disabled; 

and

b. A complete Form G-251; and

c. The contact representative's personal observations report; and

d. A letter or other report from the allegedly disabled person's 

personal physician; and

e. Medical evidence used to support a disability claim at SSA, VA, 

Welfare, etc., when such can be obtained.

945.10.11 Special Support Rules - Divorced Woman

Prior to 10-5-72 a divorced woman (a divorced wife, surviving divorced wife, and 

surviving divorced mother) could be included in the O/M if she would qualify for a 

monthly benefit under the SS Act even though she was not eligible for an annuity under 

the RR Act. One condition of eligibility under the SS Act was that she received at least 

one-half of her total support from the employee.

Effective 10-5-72, a divorced woman cannot be initially included in the O/M. However, 

such individuals who are on the benefit payment rolls will continue to be included until 

the O/M is no longer applicable, the annuity of the employee or eligible survivor is 

terminated or the person could no longer qualify for a benefit under the SS Act.

A divorced wife or husband who is entitled to an RR Act annuity may be included in the 

O/M beginning 10-1-81. There is no support requirement for entitlement.
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945.15 Care

945.15.1 "Child in Care"

"Child in care" means that the applicant exercises parental control and responsibility for 

the welfare and care of a child under age 18 (or 16) or a mentally incompetent child age 

18 (or 16) or over, or performs personal services for a mentally competent child age 18 

(or 16) or over who is disabled. The applicant may be exercising parental responsibility 

or performing personal services either alone or jointly with a spouse or other household 

member.

Entitlement to a spouse annuity or widow(er)’s annuity is based on having a child under 

age 18 or a child who became disabled prior to age 22 in his/her care.. Payment of 

surviving divorced spouse or remarried widow’s annuity and O/M entitlement, however, 

are based on having a child under age 16 or a child who became disabled prior to age 

22 in his/her care. 

NOTE: For the period 9-81 to 7-92, the tier I portion of a spouse or widow(er)’s annuity 

was terminated if the child was over age 16 but under age 18. Per Board Order 92-263, 

eligibility for Tier 1 was restored in cases in which the child attained age 16 later than 7-

92. Per Board Order 93-108, tier I was restored retroactive to 1-1-1986 in cases 

previously terminated. These are called “Nancy Johnson” cases.

References in this chapter may apply to a child at age 18 or age 16, depending on the 

spouse's or widow(er)'s eligibility requirements.

A. When required -- "Child in care" is an eligibility requirement for:

1. A spouse under FRA who applies for a full spouse annuity on the basis of 

a child of the employee; or

2. A spouse to be included in the computation of the employee's O/M on the 

basis of his child; or

3. A widow(er) (including divorced and remarried) under age 60 who applies 

for a widow(er)'s current insurance annuity.

B. Parental responsibility -- Parental control and responsibility over a child under 

age 18 (or 16) or an incompetent child age 18 (or 16) or over may be exercised 

directly when the applicant lives with the child. When the applicant does not live 

with the child, parental control and responsibility may be exercised indirectly by 

giving instructions to the child's custodian and ensuring that those instructions re 

followed. The applicant must:

1. Supervise the child's activities;

2. Participate in important decisions about the child's physical and mental 

needs;
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3. Measurably control the child's upbringing and development;

4. Influence the training and development of the child.

If the development and training of a mentally incompetent child who is not 

living with the applicant is exclusively controlled by the custodian, even 

though paid for by the applicant, the child is not in the applicant's care.

C. Personal services -- The personal service required for "child in care" when the 

mentally competent child is age 18 (or 16) or over must be performed regularly 

and in addition to any routine household service which may be rendered for any 

adult member of the household. Thus, personal services are services of a 

special nature such as nursing care, feeding or dressing. However, the concept 

of personal services is not necessarily limited to such actual physical or personal 

care. The direction or supervision of the activities of a mentally competent child 

who is unable to manage his own funds or is able to do so only with considerable 

help would constitute personal services. Also, when the applicant's presence is 

required by the nature of the child's disability, (s)he will be considered to be 

performing personal services.

945.15.2 Applicant and Child Living Together Regularly

A. Child under age 18 (or 16) or mentally incompetent -- Examiners will assume that 

an applicant living with such a child has the child in care for each month they live 

together. This includes the month they began or ended living together regularly, 

if they lived together for at least 1 full day of the beginning or ending month, 

unless a spouse annuitant or O/M beneficiary is required to have the child in care 

for every day of the first month.

Do not assume that the child is in the applicant's care if there is evidence to the 

contrary or the applicant is mentally incompetent. Instead, obtain the applicant's 

statement about the exercise of parental control and responsibility. Obtain a 

statement from another person who lives in the household or has knowledge of 

the circumstances only if there is doubt on whether the applicant's statement is 

true.

B. Disabled mentally competent child -- If the applicant regularly lives with such a 

child age 18 (or 16) or over, the child is in the applicant's care only if the 

applicant performs personal services for the child. If it is established that the 

applicant has the child in care, the applicant is considered to have the child in 

care for the month they began or ended living together regularly, provided they 

lived together for at least 1 full day of such month. However, a spouse annuitant 

or O/M beneficiary may be required to have the child in care for every day of the 

first month.

Obtain a statement from the applicant and from the disabled adult child about the 

nature and frequency of the personal services performed and whether and to 
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what extent the applicant's presence is required because of the child's disability. 

If there is any question, obtain a statement from another person who lives in the 

household or has knowledge of the circumstances.

945.15.3 Applicant and Child Living Together Temporarily

A. Child under age 18 (or 16) or mentally incompetent - When the applicant is 

temporarily living with such a child, the child is in the applicant's care only if:

1. The child is in the applicant's care while they are apart; or

2. The child is with the applicant for a period of at least 30 consecutive days 

(except where the child is in the armed forces) and the applicant exercises 

parental control and responsibility. The child is considered to be in the 

applicant's care for the month the period began or ended if the child was in 

the applicant's care for at least 1 full day of such month. However, a 

spouse annuitant or O/M beneficiary may be required to have the child in 

care for every day of the first month.

The child is not in the applicant's care during periods they are living 

together when the child is on active duty status in the armed forces. This 

is true even if the child is in a period of furlough that exceeds 30 days.

B. Disabled mentally competent child - If the applicant and disabled mentally 

competent child are only living together temporarily, the applicant has the child in 

care only if he or she is performing personal services and the child is with the 

applicant for a period of at least 30 consecutive days. The child is in the care of 

the applicant for the month the 30-day period began or ended if the child was in 

his or her care for at least one full day of such month, unless a spouse annuitant 

or O/M beneficiary is required to have the child in care for every day of the first 

month.

945.15.4 Applicant and Child Not Living Together

A. Child in care - If the applicant and minor or disabled child are not living together, 

the child is in the applicant's care only if;

1. The child customarily lives with the applicant; and

2. The child is in the applicant's care when they live together; and

3. The separation is expected to be temporary (to end within 6 months from 

the date it began); or

4. The applicant is exercising parental control and responsibility for a child 

under age 18 (or 16) or a mentally incompetent child age 18 (or 16) or 

over while they are separated. 
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B. Child not in care - An applicant does not have a child in care, even if the 

conditions shown above are met, if they are not living together and:

1. The applicant is mentally incompetent (regardless of whether or not (s)he 

is confined in an institution); or

2. A court order has removed the child from the applicant's custody and 

control; or

3. The child is in the armed forces; or

4. The applicant and his or her spouse are separated and the child is with 

the spouse; or

5. The child is under the jurisdiction of a court-appointed guardian other than 

the applicant; or

6. The applicant has relinquished the right to custody and control of the child 

to some other person or agency.

C. Development - In every case where the applicant and child are separated, 

regardless of the expected length of separation, obtain a statement of whether 

the applicant is exercising parental control and responsibility from the applicant 

and the person with whom the child is living. The statement should include the 

reason for the separation and, if it is temporary, the expected length of the 

separation and the date on which it will end.

945.15.5 Parent and Child Separated

A number of situations exist where the parent may have the child in care even though 

the two are physically separated. The following sections illustrate some circumstances 

under which the parent and child are separated, but parental control and responsibility 

are still being exercised.

A. Child away at school - When a child under age 18 (or 16) is away at school, the 

applicant is exercising parental control and responsibility if:

1. The applicant supervises the child's activities and participates in important 

decisions about the child's physical and mental needs. (Assume that this 

is being done in the usual boarding, military, or prep school situation in 

which the child is not under the exclusive control and jurisdiction of the 

school); and

2. The child spends an annual vacation of 30 consecutive days or more with 

the applicant unless it is not feasible for the child to return home during 

vacation, or to remain with the applicant for that length of time, during 

vacation; and
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3. If the applicant is separated from his or her spouse, the school authorities 

look to the applicant when they have a question regarding the child. If the 

applicant has lost custody, the child is in his or her care only during the 

time the child spends a vacation with him or with her, if the vacation is at 

least 30 consecutive days.

B. Applicant's employment - When a separation of more than 6 months is caused by 

the applicant's employment, the applicant has a child under 18 (or 16) in care 

only if (s)he:

1. Supervises the child's activities; and

2. Participates in the important decisions about the child's physical and 

mental needs; and

3. Makes regular and substantial contributions to the child's support. (The 

amount of the contributions, which may be in cash or in kind, must be a 

material factor in the reasonable cost of the child's support.)

C. Physical illness or disability - In some cases an applicant may be separated from 

a child under 18 (or 16) due to the child's or the applicant's physical illness or 

physical disability (e.g., either one may be away at a hospital or nursing home). 

If the separation is expected to end with 6 months, the applicant has the child in 

care. If the separation is expected to last more than 6 months, the applicant is 

exercising parental control and responsibility (has the child in care) if the 

applicant supervises the child's activities and participates in the important

decisions about the child's physical and mental needs.

D. Mental incompetence - An applicant does not have a child in care during a period 

of separation caused by the applicant's mental incompetence.

E. Court order - When a separation results from a court order removing a child 

under age 18 (or 16) from the applicant's custody and control, the child is not in 

the applicant's care. For example, this applies if a juvenile court has placed the 

child in a reform school.

Secure a certified copy of the court order if the applicant alleges that the child is 

still under his or her control despite the separation.

If the court order removes the child from the applicant's custody and control, the 

child is not in his or her care. However, if the order merely removes a child from 

the custody but not from the control of the applicant and the applicant still 

exercises parental responsibility, the child is in his or her care.

F. Child enrolled in Job Corps - Whether a child under age 18 (or 16) is in the 

applicant's care while in the Job Corps depends on whether the child is a 

resident or non-resident Job Corps enrollee.
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1. Child is resident Job Corps enrollee - When the child is a resident of a Job 

Corps center, the child is not considered to be living with the applicant 

while at the center. By signing the consent statement, the applicant has 

relinquished control and custody of the child to the Job Corps. Therefore, 

the child is not considered to be in the applicant's care while living at the 

Job Corps center.

If the child returns home during vacation periods, he or she may be found 

to be in the applicant's care if they are together for at least 30 consecutive

days. 

2. Child is non-resident Job Corps enrollee - When the child is a non-resident 

Job Corps enrollee and returns home to the applicant either weekends or 

evenings, the child is in the applicant's care if, while the child is at home, 

the applicant exercises parental control and responsibility.

945.15.6 Posthumous Child in Widow's Care

When the child of the employee is born after the employee's death, the widow will be 

deemed to have the child in her care when the child is born. If the child is born alive, 

the child may then become entitled to a CIA and the widow to a WCIA.