View all text of Subchapter I [§ 2001 - § 2002]
§ 2002. Definitions relating to participants and annuitants
(a) General definitions
When used in subchapter II:
(1) Former participant
The term “former participant” means a person who—
(A) while an employee of the Agency was a participant in the system; and
(B) separates from the Agency without entitlement to immediate receipt of an annuity from the fund.
(2) Retired participant
The term “retired participant” means a person who—
(A) while an employee of the Agency was a participant in the system; and
(B) is entitled to receive an annuity from the fund based upon such person’s service as a participant.
(3) Surviving spouse
(A) In general
(B) Treatment when participant dies less than 9 months after marriage
In a case in which the participant or retired participant dies within the 9-month period beginning on the date of the marriage, the requirement under subparagraph (A)(i) that a marriage have a duration of at least 9 months immediately preceding the death of the participant or retired participant shall be treated as having been met if—
(i) the death of the participant or retired participant was accidental; or
(ii) the surviving wife or husband had been previously married to the participant or retired participant (and subsequently divorced) and the aggregate time married is at least 9 months.
(4) Former spouse
The term “former spouse” means a former wife or husband of a participant, former participant, or retired participant as follows:
(A) Divorces on or before December 4, 1991
(B) Divorces after December 4, 1991
(C) Creditable service
(5) Previous spouse
(6) Spousal agreement
The term “spousal agreement” means an agreement between a participant, former participant, or retired participant and the participant, former participant, or retired participant’s spouse or former spouse that—
(A) is in writing, is signed by the parties, and is notarized;
(B) has not been modified by court order; and
(C) has been authenticated by the Director.
(7) Court order
The term “court order” means—
(A) a court decree of divorce, annulment, or legal separation; or
(B) a court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal separation.
(8) Court
(b) “Child” defined
For purposes of sections 2031 and 2052 of this title:
(1) In general
The term “child” means any of the following:
(A) Minor children
An unmarried dependent child under 18 years of age, including—
(i) an adopted child;
(ii) a stepchild, but only if the stepchild lived with the participant or retired participant in a regular parent-child relationship;
(iii) a recognized natural child; and
(iv) a child who lived with the participant, for whom a petition of adoption was filed by the participant or retired participant, and who is adopted by the surviving spouse after the death of the participant or retired participant.
(B) Disabled adult children
(C) Students
(2) Special rules for students
(A) Extension of age termination of status as “child”
(B) Treatment of interim period between school years
(3) “Dependent” defined
(4) Exclusion of stepchildren from lump-sum payment
(Pub. L. 88–643, title I, § 102, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3198.)