4 Pa. Code § 89.6 - Beneficiary eligibility
(a)
Order of priority. The benefits will be paid by the
Commonwealth or the political subdivision to the eligible beneficiary in the
following order of precedence:
(1) To the
surviving spouse.
(2) If there is
no surviving spouse, to the minor child or children in equal shares, with
payments, when appropriate, being made to the legal guardian or
trustee.
(3) If there is no
surviving spouse or minor child, to the parent or parents.
(b)
Determination of relationship of
spouse. Marriage should be established by one or more of the following
types of evidence in the order of preference shown:
(1) A copy of the public record of marriage,
certified or attested, an abstract of the public record, containing sufficient
data to identify the parties, the date and place of the marriage, and the
number of prior marriages by either party shown on the official record, issued
by the officer having custody of the record, or a certified copy of the
religious record of marriage.
(2)
The affidavit of the clergyman or magistrate who officiated.
(3) The original certificate of marriage
accompanied by proof of its genuineness and the authority of the person to
perform the marriage.
(4) The
affidavits or sworn statements of two or more eyewitnesses to the
ceremony.
(5) If a common law
marriage is claimed, the affidavits or certified statements of the spouse
setting forth all of the facts and circumstances concerning the alleged
marriage, such as the agreement between the parties at the beginning of their
cohabitation, the period of cohabitation, places and dates of residences, and
whether children were born as a result of the relationship. This evidence
should be supplemented by affidavits or certified statements from two or more
persons who know as the result of personal observation the reputed relationship
which existed between the parties to the alleged marriage including the period
of cohabitation, places of residences, whether the parties held themselves out
as husband and wife, and whether they were generally accepted as such in the
communities in which they lived.
(6) Other evidence which would reasonably
support a belief that a valid marriage actually existed.
(7) A copy of separation agreement, when
applicable.
(c)
Determination of relationship of child. Generally, an
individual is considered the child of a public safety officer if the birth
certificate shows the public safety officer as the parent. If the birth
certificate does not show the relationship, proof may consist of one or more of
the following:
(1) Evidence that the public
safety officer has been identified as the parent of the child by a judicial
decree ordering the public safety officer to contribute to the support of the
child or for other purposes.
(2) A
certified copy of the public record of birth or a religious record showing that
the public safety officer provided information naming the public safety officer
as the parent of the child.
(3)
Information obtained from a public agency or public records, such as school or
welfare agencies, which shows that with the public safety officer's knowledge,
the public safety officer was named as the parent of the child.
(4) A certified copy of the decree of
adoption or a revised birth certificate to establish the fact of
adoption.
(d)
Determination of relationship of parent or parents. Generally,
an individual is considered the parent of a public safety officer if the birth
certificate identifies the individual as the parent of the public safety
officer. If the birth certificate does not show the relationship, proof may
consist of one of the following:
(1) A
certified copy of the public record of birth or a religious record showing that
the individual was named as the parent of the public safety officer.
(2) A certified copy of the decree of
adoption or a revised birth certificate to establish the fact of
adoption.
Notes
This section cited in 4 Pa. Code § 89.7 (relating to claims for death benefits).
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