---
kind: "section"
citation: "5 C.F.R. § 841.204"
title: "5"
number: "841.204"
heading: "Deemed application to protect survivors."
url: "https://uscodex.org/cfr/5/841.204"
---

# §841.204. Deemed application to protect survivors.

- (a) **A former employee is deemed to have filed an application for annuity if the former employee—**
  - (1) Was not reemployed in a position subject to FERS under [subpart A of part 842](/cfr/5/part842-subpartA.md) of this chapter on the date of death;
  - (2) Dies after separation from Federal service but before actually filing an application for benefits; and
  - (3) At the time of separation from Federal service, was eligible for an immediate annuity under [§ 842.204(a)(1)](/cfr/5/842.204.md?p=a-1) and was eligible to elect to postpone the commencing date of that annuity under [§ 842.204(c)](/cfr/5/842.204.md?p=c) of this chapter.
- (b) For the purpose of determining entitlement to a survivor annuity, a former employee who is deemed to have filed an application under [paragraph (a)](#a) of this section is considered to have died as a retiree.
- (c) For purposes of determining the amount of a survivor annuity, the annuity of a former employee who, under [paragraph (a)](#a) of this section, is deemed to have filed an application is computed as though the commencing date were the first day of the month after the former employee's death.

## Notes

### Amendments

[55 FR 994, Jan. 11, 1990, as amended at 55 FR 41179, Oct. 10, 1990]

### Source

Source: 52 FR 19244, May 21, 1987, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 8461; Sec. 841.108 also issued under 5 U.S.C. 552a; Secs. 841.110 and 841.111 also issued under 5 U.S.C. 8470(a); subpart D also issued under 5 U.S.C. 8423; Sec. 841.504 also issued under 5 U.S.C. 8422; Sec. 841.507 also issued under section 505 of Pub. L. 99-335; subpart J also issued under 5 U.S.C. 8469; Sec. 841.506 also issued under 5 U.S.C. 7701(b)(2); Sec. 841.508 also issued under section 505 of Pub. L. 99-335; Sec. 841.604 also issued under Title II, Pub. L. 106-265, 114 Stat. 780; Sec. 5001 of Pub. L. 112-96 at 126 Stat. 199.

### Amendments

[55 FR 994, Jan. 11, 1990, as amended at 55 FR 41179, Oct. 10, 1990]