---
kind: "section"
citation: "20 C.F.R. § 216.81"
title: "20"
number: "216.81"
heading: "Who is eligible for a parent's annuity."
url: "https://uscodex.org/cfr/20/216.81"
---

# §216.81. Who is eligible for a parent's annuity.

- (a) Where the employee is not survived by a widow(er), or child who is or ever could be entitled to an annuity as described by subpart [G](/cfr/20/subpartG.md) or [H](/cfr/20/subpartH.md) of this part, a parent of the deceased employee is eligible for both the tier I and tier II components of an annuity if he or she:
  - (1) Is age 60 or older;
  - (2) Has not married since the employee died;
  - (3) Received one-half of his or her support (as defined in [part 222](/cfr/20/part222.md) of this chapter) from the employee at the time the employee died; and
  - (4) **Files proof of support as provided for in paragraphs (b)(4) and (b)(5) of this section.**
- (b) Where the employee is survived by a widow(er), or child who is or ever could be entitled to an annuity as described by subpart [G](/cfr/20/subpartG.md) or [H](/cfr/20/subpartH.md) of this part, a parent of the deceased employee is eligible for an annuity consisting of the tier I component alone if he or she:
  - (1) Is age 60 or older;
  - (2) Has not married since the employee died;
  - (3) Is not in receipt of an old age benefit under the Social Security Act equal to or exceeding the amount of the parent's tier I annuity amount before it is reduced for the family maximum but after the sole survivor minimum is considered;
  - (4) Received at least one-half of his or her support (as defined in [part 222](/cfr/20/part222.md) of this chapter) from the employee either:
    - (i) When the employee died, or
    - (ii) At the beginning of the period of disability if the employee has a period of disability (as explained in [part 220](/cfr/20/part220.md) of this chapter) which did not end before death; and
  - (5) **Files proof of support with the Board within 2 years after either—**
    - (i) The month in which the employee filed an application for a period of disability if support is to be established as of the beginning of the period of disability; or
    - (ii) **The date of the employee's death if support is to be established at that point.**
- (c) The Board may accept proof of support filed after the 2-year period for reasons which constitute good cause to do so as that term is defined in [part 219](/cfr/20/part219.md) of this chapter.

## Notes

### Authority

Authority: 45 U.S.C. 231f.

### Source

Source: 56 FR 28692, June 24, 1991, unless otherwise noted.