![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 20 - Employees' Benefits |
![]() |
Chapter I - Office of Workers' Compensation Programs, Department of Labor |
![]() |
SubChapter C - Energy Employees Occupational Illness Compensation Program Act of 2000 |
![]() |
Part 30 - Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended |
![]() |
Subpart F - Survivors; Payments and Offsets; Overpayments |
![]() |
Survivors |
§ 30.500 - What special statutory definitions apply to survivors under EEOICPA?
-
§ 30.500 What special statutory definitions apply to survivors under EEOICPA?
(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 or children includes a recognized natural child of a deceased covered Part B employee or deceased covered Part E employee means only a biological child, a stepchild who lived with that individual in a regular parent-child relationship, and or an adopted child of that individual. However, to be a “covered” child under Part E only, such child must have been
(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.
(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.
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]