---
kind: "section"
citation: "5 C.F.R. § 843.406"
title: "5"
number: "843.406"
heading: "Proof of dependency."
url: "https://uscodex.org/cfr/5/843.406"
---

# §843.406. Proof of dependency.

- (a) **A child is considered to have been dependent on the deceased employee or retiree if he or she is—**
  - (1) A legitimate child; or
  - (2) An adopted child; or
  - (3) A stepchild or recognized natural child who lived with the employee or retiree in a regular parent-child relationship at the time of the employee's or retirees death; or
  - (4) A recognized natural child for whom a judicial determination of support was obtained; or
  - (5) A recognized natural child to whose support the employee or retiree made regular and substantial contributions.
- (b) **The following are examples of proofs of regular and substantial support.** More than one of the following proofs may be required to show support of a natural child who did not live with the employee or retiree in a regular parent-child relationship and for whom a judicial determination of support was not obtained.
  - (1) Evidence of eligibility as a dependent child for benefits under other State or Federal programs;
  - (2) Proof of inclusion of the child as a dependent on the decedent's income tax returns for the years immediately before the employee's or retiree's death;
  - (3) Cancelled checks, money orders, or receipts for periodic payments received from the employee or retiree for or on behalf of the child;
  - (4) Evidence of goods or services that show regular contributions of considerable value;
  - (5) Proof of coverage of the child as a family member under the employee's or retiree's Federal Employees Health Benefits enrollment; and
  - (6) Other proof of a similar nature that OPM may find to be sufficient to demonstrate support or parentage.
- (c) Survivor benefits may be denied—
  - (1) If evidence shows that the deceased employee or retiree did not recognize the claimant as his or her own despite a willingness to support the child; or
  - (2) If evidence casts doubt upon the parentage of the claimant, despite the deceased employee's or retiree's recognition and support of the child.

## Notes

### Authority

Authority: 5 U.S.C. 8461; 843.205, 843.208, and 843.209 also issued under 5 U.S.C. 8424; 843.309 also issued under 5 U.S.C. 8442; 843.406 also issued under 5 U.S.C. 8441.

### Source

Source: 52 FR 2074, Jan. 16, 1987, unless otherwise noted.