---
kind: "section"
citation: "5 U.S.C. § 8441"
title: "5"
title_heading: "Government Organization and Employees"
number: "8441"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8441"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter IV — Survivor Annuities"
---

# §8441. Definitions


For the purpose of this subchapter—

- (1) the term “widow” means the surviving wife of an [employee](/usc/5/4701.md?p=a-2), [Member](/usc/5/8401.md?p=20), or [annuitant](/usc/5/8401.md?p=2), or of a former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20), who—
  - (A) was married to him for at least 9 months immediately before his death; or
  - (B) is the mother of issue by that marriage;
- (2) the term “widower” means the surviving husband of an [employee](/usc/5/4701.md?p=a-2), [Member](/usc/5/8401.md?p=20), or [annuitant](/usc/5/8401.md?p=2), or of a former [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20), who—
  - (A) was married to her for at least 9 months immediately before her death; or
  - (B) is the father of issue by that marriage;
- (3) the term “dependent”, in the case of any [child](#4), means that the [employee](/usc/5/4701.md?p=a-2), [Member](/usc/5/8401.md?p=20), or [annuitant](/usc/5/8401.md?p=2) involved was, at the time of death of the [employee](/usc/5/4701.md?p=a-2), [Member](/usc/5/8401.md?p=20), or [annuitant](/usc/5/8401.md?p=2) either living with or contributing to the support of such [child](#4), as determined in accordance with such regulations as the [Office](/usc/5/5402.md?p=3) shall prescribe; and
- (4) the term “child” means—
  - (A) an unmarried [dependent](#3) [child](#4) under 18 years of age, including (i) an adopted [child](#4), (ii) a stepchild but only if the stepchild lived with the [employee](/usc/5/4701.md?p=a-2), [Member](/usc/5/8401.md?p=20), or [annuitant](/usc/5/8401.md?p=2) in a regular parent-[child](#4) relationship, (iii) a recognized natural [child](#4), and (iv) a [child](#4) who lived with and for whom a petition of adoption was filed by an [employee](/usc/5/4701.md?p=a-2), [Member](/usc/5/8401.md?p=20), or [annuitant](/usc/5/8401.md?p=2) and who is adopted by the [widow](#1) or [widower](#2) of the [employee](/usc/5/4701.md?p=a-2), [Member](/usc/5/8401.md?p=20), or [annuitant](/usc/5/8401.md?p=2) after the death of such [employee](/usc/5/4701.md?p=a-2), [Member](/usc/5/8401.md?p=20), or [annuitant](/usc/5/8401.md?p=2);
  - (B) such unmarried [dependent](#3) [child](#4) regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
  - (C) such unmarried [dependent](#3) [child](#4) between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or [training](/usc/5/4101.md?p=4) in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.

  For the purpose of this paragraph and [section 8443](/usc/5/8443.md), 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](/usc/5/4101.md?p=4), is deemed to have become 22 years of age on the first day of July after that birthday. 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 is not more than 5 months and if such child shows to the satisfaction of the [Office](/usc/5/5402.md?p=3) that such child has a bona fide intention of continuing to pursue a course of study or [training](/usc/5/4101.md?p=4) in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim.


## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 558.)