§ 2002. Definitions relating to participants and annuitants
(a)
General definitions
When used in subchapter II of this chapter:
(3)
Surviving spouse
(A)
In general
The term “surviving spouse” means the surviving wife or husband of a participant or retired participant who
(i)
was married to the participant or retired participant for at least 9 months immediately preceding the participant’s or retired participant’s death, or
(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—
(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
In the case of a divorce that became final on or before December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant’s creditable service, at least 5 years of which were spent outside the United States by both such participant and former wife or husband during the participant’s service as an employee of the Agency.
(B)
Divorces after December 4, 1991
In the case of a divorce that becomes final after December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant’s creditable service, at least 5 years of which were spent by the participant during the participant’s service as an employee of the Agency
(ii)
otherwise in a position the duties of which qualified the participant for designation by the Director as a participant under section
2013 of this title.
(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—
(b)
“Child” defined
(1)
In general
The term “child” means any of the following:
(A)
Minor children
An unmarried dependent child under 18 years of age, including—
(B)
Disabled adult children
An unmarried dependent child, regardless of age, who is incapable of self-support because of a physical or mental disability incurred before age 18.
(C)
Students
An unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
(2)
Special rules for students
(A)
Extension of age termination of status as “child”
For purposes of this subsection, 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, shall be treated as having attained the age of 22 on the first day of July following that birthday.
(B)
Treatment of interim period between school years
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 does not exceed 5 months and if the child shows to the satisfaction of the Director that the child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim.
(3)
“Dependent” defined
For purposes of this subsection, the term “dependent”, with respect to the child of a participant or retired participant, means that the participant or retired participant was, at the time of the death of the participant or retired participant, either living with or contributing to the support of the child, as determined in accordance with regulations prescribed under subchapter II of this chapter.