---
kind: "section"
citation: "20 C.F.R. § 217.10"
title: "20"
number: "217.10"
heading: "Application filed after death."
url: "https://uscodex.org/cfr/20/217.10"
---

# §217.10. Application filed after death.

- (a) A survivor eligible for an annuity or lump sum under this chapter may file an application to establish a period of disability if the employee dies before filing an application for a disability annuity. A period of disability is defined in [part 220](/cfr/20/part220.md) of this chapter. The application must be filed within three months after the month the employee died.
- (b) A person who could receive payment for the estate of a person who paid the burial expenses of the deceased employee may file an application if the person who paid the burial expenses dies before applying for the lump-sum death payment under [part 234](/cfr/20/part234.md) of this chapter. The application must be filed within the two-year period shown in [§ 217.9 (c)(1)](/cfr/20/217.9.md?p=c-1).
- (c) A widow(er) or surviving divorced spouse may file an application for a spouse or divorced spouse annuity after the death of the employee if the widower(er) or surviving divorced spouse was eligible for a spouse or divorced spouse annuity in any month before the month the employee died. The spouse or divorced spouse annuity is payable from the beginning date set forth in [part 218](/cfr/20/part218.md) of this chapter.

## Notes

### Amendments

[47 FR 7647, Feb. 22, 1982, as amended at 52 FR 11017, Apr. 6, 1987; 54 FR 13364, Apr. 3, 1989]

### Authority

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

### Source

Source: 47 FR 7647, Feb. 22, 1982, unless otherwise noted.

### Amendments

[47 FR 7647, Feb. 22, 1982, as amended at 52 FR 11017, Apr. 6, 1987; 54 FR 13364, Apr. 3, 1989]