5 CFR 831.671 - Proof of eligibility for a child's annuity.
(a)Proof of paternity.
(1) A judicial determination of parentage conclusively establishes the paternity of a child.
(2) Except as provided in paragraph (a)(1) of this section, a child born to the wife of a married person is presumed to be the child of the wife's husband. This presumption may be rebutted only by clear and convincing evidence that the husband is not the father of the child.
(3) When paternity is not established under paragraph (a)(1) or (a)(2) of this section, paternity is determined by a preponderance of the credible evidence as defined in § 1201.56(c)(2) of this title.
(b)Proof of adoption.
(1) An adopted child is -
(ii) A child who lived with the employee or retiree and for whom a petition for adoption was filed by the employee or retiree and who is adopted by the current spouse of the employee or retiree after the death of the employee or retiree.
(2) The only acceptable evidence to prove status as an adopted child under paragraph (b)(1)(i) of this section is a copy of the judicial decree of adoption.
(3) The only acceptable evidence to prove status as an adopted child under paragraph (b)(1)(ii) of this section is copies of -
(ii) The judicial decree of adoption.
(d)Proof of dependency.
(i) A legitimate child; or
(ii) An adopted child; or
(iv) A recognized natural child for whom a judicial determination of support was obtained; or
(2) The following are examples of proofs of regular and substantial support. More than one of the following proofs may be required to show support of a child who did not live with the employee or retiree in a regular parent-child relationship and for whom a judicial determination of support was not obtained.
(i) Evidence of eligibility as a dependent child for benefits under other State or Federal programs;
(iv) Evidence of goods or services that shows regular contributions of considerable value;
(vi) Other proof of a similar nature that OPM may find to be sufficient to demonstrate support or parentage.
(3) Survivor benefits may be denied -
Title 5 published on 2015-12-02
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 831 after this date.
Title 5 published on 2015-12-02.
The following are only the Rules published in the Federal Register after the published date of Title 5.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.