{"identifier":"/us/usc/t50/s2002","title":50,"num":"\u00a7\u202f2002.","heading":"Definitions relating to participants and annuitants","text":"\u00a7\u202f2002.\nDefinitions relating to participants and annuitants\n(a)\nGeneral definitions\nWhen used in subchapter II:\n(1)\nFormer participant\nThe term \u201cformer participant\u201d means a person who\u2014\n(A) while an employee of the Agency was a participant in the system; and\n(B) separates from the Agency without entitlement to immediate receipt of an annuity from the fund.\n(2)\nRetired participant\nThe term \u201cretired participant\u201d means a person who\u2014\n(A) while an employee of the Agency was a participant in the system; and\n(B) is entitled to receive an annuity from the fund based upon such person\u2019s service as a participant.\n(3)\nSurviving spouse\n(A)\nIn general\nThe term \u201csurviving spouse\u201d means the surviving wife or husband of a participant or retired participant who (i) was married to the participant or retired participant for at least 9 months immediately preceding the participant\u2019s or retired participant\u2019s death, or (ii) who is the parent of a child born of the marriage.\n(B)\nTreatment when participant dies less than 9 months after marriage\nIn a case in which the participant or retired participant dies within the 9-month period beginning on the date of the marriage, the requirement under subparagraph (A)(i) that a marriage have a duration of at least 9 months immediately preceding the death of the participant or retired participant shall be treated as having been met if\u2014\n(i) the death of the participant or retired participant was accidental; or\n(ii) the surviving wife or husband had been previously married to the participant or retired participant (and subsequently divorced) and the aggregate time married is at least 9 months.\n(4)\nFormer spouse\nThe term \u201cformer spouse\u201d means a former wife or husband of a participant, former participant, or retired participant as follows:\n(A)\nDivorces on or before December 4, 1991\nIn the case of a divorce that became final on or before\nDecember 4, 1991\n(B)\nDivorces after December 4, 1991\nIn the case of a divorce that becomes final after\nDecember 4, 1991\nsection 2013 of this title\n(C)\nCreditable service\nFor purposes of subparagraphs (A) and (B), the term \u201ccreditable service\u201d means all periods of a participant\u2019s service that are creditable under sections 2081, 2082, and 2083 of this title.\n(5)\nPrevious spouse\nThe term \u201cprevious spouse\u201d means an individual who was married for at least 9 months to a participant, former participant, or retired participant who had at least 18 months of service which are creditable under sections 2081, 2082, and 2083 of this title.\n(6)\nSpousal agreement\nThe term \u201cspousal agreement\u201d means an agreement between a participant, former participant, or retired participant and the participant, former participant, or retired participant\u2019s spouse or former spouse that\u2014\n(A) is in writing, is signed by the parties, and is notarized;\n(B) has not been modified by court order; and\n(C) has been authenticated by the Director.\n(7)\nCourt order\nThe term \u201ccourt order\u201d means\u2014\n(A) a court decree of divorce, annulment, or legal separation; or\n(B) a court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal separation.\n(8)\nCourt\nThe term \u201ccourt\u201d means a court of a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.\n(b)\n\u201cChild\u201d defined\nFor purposes of sections 2031 and 2052 of this title:\n(1)\nIn general\nThe term \u201cchild\u201d means any of the following:\n(A)\nMinor children\nAn unmarried dependent child under 18 years of age, including\u2014\n(i) an adopted child;\n(ii) a stepchild, but only if the stepchild lived with the participant or retired participant in a regular parent-child relationship;\n(iii) a recognized natural child; and\n(iv) a child who lived with the participant, for whom a petition of adoption was filed by the participant or retired participant, and who is adopted by the surviving spouse after the death of the participant or retired participant.\n(B)\nDisabled adult children\nAn unmarried dependent child, regardless of age, who is incapable of self-support because of a physical or mental disability incurred before age 18.\n(C)\nStudents\nAn unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.\n(2)\nSpecial rules for students\n(A)\nExtension of age termination of status as \u201cchild\u201d\nFor purposes of this subsection, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, shall be treated as having attained the age of 22 on the first day of July following that birthday.\n(B)\nTreatment of interim period between school years\nA child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim does not exceed 5 months and if the child shows to the satisfaction of the Director that the child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim.\n(3)\n\u201cDependent\u201d defined\nFor purposes of this subsection, the term \u201cdependent\u201d, with respect to the child of a participant or retired participant, means that the participant or retired participant was, at the time of the death of the participant or retired participant, either living with or contributing to the support of the child, as determined in accordance with regulations prescribed under subchapter II.\n(4)\nExclusion of stepchildren from lump-sum payment\nFor purposes of\nsection 2071(c) of this title","url":"https://projectusc.org/usc/t50/s2002.html","content":[{"t":"sec","id":"/us/usc/t50/s2002","children":[{"t":"num","text":"\u00a7\u202f2002."},{"t":"heading","text":"Definitions relating to participants and annuitants"},{"t":"subsec","id":"/us/usc/t50/s2002/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"General definitions"},{"t":"chapeau","text":"When used in subchapter II:"},{"t":"para","id":"/us/usc/t50/s2002/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Former participant"},{"t":"chapeau","text":"The term \u201cformer participant\u201d means a person who\u2014"},{"t":"subpara","id":"/us/usc/t50/s2002/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" while an employee of the Agency was a participant in the system; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2002/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" separates from the Agency without entitlement to immediate receipt of an annuity from the fund.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2002/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Retired participant"},{"t":"chapeau","text":"The term \u201cretired participant\u201d means a person who\u2014"},{"t":"subpara","id":"/us/usc/t50/s2002/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" while an employee of the Agency was a participant in the system; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2002/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is entitled to receive an annuity from the fund based upon such person\u2019s service as a participant.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2002/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Surviving spouse"},{"t":"subpara","id":"/us/usc/t50/s2002/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201csurviving spouse\u201d means the surviving wife or husband of a participant or retired participant who (i) was married to the participant or retired participant for at least 9 months immediately preceding the participant\u2019s or retired participant\u2019s death, or (ii) who is the parent of a child born of the marriage.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2002/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Treatment when participant dies less than 9 months after marriage"},{"t":"chapeau","text":"In a case in which the participant or retired participant dies within the 9-month period beginning on the date of the marriage, the requirement under subparagraph (A)(i) that a marriage have a duration of at least 9 months immediately preceding the death of the participant or retired participant shall be treated as having been met if\u2014"},{"t":"clause","id":"/us/usc/t50/s2002/a/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the death of the participant or retired participant was accidental; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t50/s2002/a/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the surviving wife or husband had been previously married to the participant or retired participant (and subsequently divorced) and the aggregate time married is at least 9 months.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2002/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Former spouse"},{"t":"chapeau","text":"The term \u201cformer spouse\u201d means a former wife or husband of a participant, former participant, or retired participant as follows:"},{"t":"subpara","id":"/us/usc/t50/s2002/a/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Divorces on or before December 4, 1991"},{"t":"content","children":[{"t":"p","text":"In the case of a divorce that became final on or before ","children":[{"t":"text","text":"December 4, 1991","tail":", such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant\u2019s creditable service, at least 5 years of which were spent outside the United States by both such participant and former wife or husband during the participant\u2019s service as an employee of the Agency."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2002/a/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Divorces after December 4, 1991"},{"t":"content","children":[{"t":"p","text":"In the case of a divorce that becomes final after ","children":[{"t":"text","text":"December 4, 1991","tail":", such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant\u2019s creditable service, at least 5 years of which were spent by the participant during the participant\u2019s service as an employee of the Agency (i) outside the United States, or (ii) otherwise in a position the duties of which qualified the participant for designation by the Director as a participant under "},{"t":"ref","text":"section 2013 of this title","href":"/us/usc/t50/s2013","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2002/a/4/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Creditable service"},{"t":"content","children":[{"t":"p","text":"For purposes of subparagraphs (A) and (B), the term \u201ccreditable service\u201d means all periods of a participant\u2019s service that are creditable under sections 2081, 2082, and 2083 of this title.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2002/a/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Previous spouse"},{"t":"content","children":[{"t":"p","text":"The term \u201cprevious spouse\u201d means an individual who was married for at least 9 months to a participant, former participant, or retired participant who had at least 18 months of service which are creditable under sections 2081, 2082, and 2083 of this title.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2002/a/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Spousal agreement"},{"t":"chapeau","text":"The term \u201cspousal agreement\u201d means an agreement between a participant, former participant, or retired participant and the participant, former participant, or retired participant\u2019s spouse or former spouse that\u2014"},{"t":"subpara","id":"/us/usc/t50/s2002/a/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is in writing, is signed by the parties, and is notarized;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2002/a/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" has not been modified by court order; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2002/a/6/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" has been authenticated by the Director.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2002/a/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Court order"},{"t":"chapeau","text":"The term \u201ccourt order\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t50/s2002/a/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a court decree of divorce, annulment, or legal separation; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2002/a/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal separation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2002/a/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Court"},{"t":"content","children":[{"t":"p","text":"The term \u201ccourt\u201d means a court of a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s2002/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"\u201cChild\u201d defined"},{"t":"chapeau","text":"For purposes of sections 2031 and 2052 of this title:"},{"t":"para","id":"/us/usc/t50/s2002/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201cchild\u201d means any of the following:"},{"t":"subpara","id":"/us/usc/t50/s2002/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Minor children"},{"t":"chapeau","text":"An unmarried dependent child under 18 years of age, including\u2014"},{"t":"clause","id":"/us/usc/t50/s2002/b/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" an adopted child;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t50/s2002/b/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a stepchild, but only if the stepchild lived with the participant or retired participant in a regular parent-child relationship;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t50/s2002/b/1/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" a recognized natural child; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t50/s2002/b/1/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" a child who lived with the participant, for whom a petition of adoption was filed by the participant or retired participant, and who is adopted by the surviving spouse after the death of the participant or retired participant.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2002/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Disabled adult children"},{"t":"content","children":[{"t":"p","text":"An unmarried dependent child, regardless of age, who is incapable of self-support because of a physical or mental disability incurred before age 18.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2002/b/1/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Students"},{"t":"content","children":[{"t":"p","text":"An unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2002/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Special rules for students"},{"t":"subpara","id":"/us/usc/t50/s2002/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Extension of age termination of status as \u201cchild\u201d"},{"t":"content","children":[{"t":"p","text":"For purposes of this subsection, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, shall be treated as having attained the age of 22 on the first day of July following that birthday.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s2002/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Treatment of interim period between school years"},{"t":"content","children":[{"t":"p","text":"A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim does not exceed 5 months and if the child shows to the satisfaction of the Director that the child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2002/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"\u201cDependent\u201d defined"},{"t":"content","children":[{"t":"p","text":"For purposes of this subsection, the term \u201cdependent\u201d, with respect to the child of a participant or retired participant, means that the participant or retired participant was, at the time of the death of the participant or retired participant, either living with or contributing to the support of the child, as determined in accordance with regulations prescribed under subchapter II.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s2002/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Exclusion of stepchildren from lump-sum payment"},{"t":"content","children":[{"t":"p","text":"For purposes of ","children":[{"t":"ref","text":"section 2071(c) of this title","href":"/us/usc/t50/s2071/c","tail":", the term \u201cchild\u201d includes an adopted child and a natural child, but does not include a stepchild."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}