{"data":{"id":"us/5-cfr-831.642","jurisdiction":"us","citation":"5 CFR 831.642","heading":"Marriage duration requirements.","body":"(a) The surviving spouse of a retiree who retired on or after May 7, 1985, or of a retiree who retired before May 7, 1985, but married that surviving spouse on or after November 8, 1984, or of an employee or Member who dies while serving in a position covered by CSRS on or after May 7, 1985, or of an employee or Member who died while serving in a position covered by CSRS before May 7, 1985, but married that surviving spouse on or after November 8, 1984, can qualify for a current spouse annuity only if—\n(1) The surviving spouse and the employee, Member, or retiree had been married for at least 9 months, as explained in paragraph (b) of this section; or\n(2) A child was born of the marriage, as explained in paragraph (c) of this section; or\n(3) The death of the employee, Member, or retiree was accidental as explained in paragraph (d) of this section.\n(b) For satisfying the 9-month marriage requirement of paragraph (a)(1) of this section, the aggregate time of all marriages between the spouse applying for a current spouse annuity and the employee, Member, or retiree is included.\n(c) For satisfying the child-born-of-the-marriage requirement of paragraph (a)(2) of this section, any child, including a posthumous child, born to the spouse and the employee, Member, or retiree is included. This includes a child born out of wedlock or of a prior marriage between the same parties.\n(d)(1) A death is accidental if it results from homicide or from bodily injuries incurred solely through violent, external, and accidental means. The term “accidental” does not include a death—\n(i) Caused wholly or partially, directly or indirectly, by disease or bodily or mental infirmity, or by medical or surgical treatment or diagnosis thereof; or\n(ii) Caused wholly or partially, directly, or indirectly, by ptomaine, by bacterial infection, except only septic infection of and through a visible wound sustained solely through violent, external, and accidental means; or\n(iii) Caused wholly or partially, directly or indirectly, by hernia, no matter how or when sustained; or\n(iv) Caused by or the result of intentional self-destruction or intentionally self-inflicted injury, while sane or insane; or\n(v) Caused by or as a result of the self-administration or illegal or illegally obtained drugs.\n(2) A State judicial or administrative adjudication of the cause of death for criminal or insurance purposes is conclusive evidence of whether a death is accidental.\n(3) A death certificate showing the cause of death as accident or homicide is prima facie evidence that the death was accidental.","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 831—RETIREMENT","Subpart F—Survivor Annuities"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-5.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:23:53Z","sha256":"bf54427aa1f71b09826896e5d0b9eab87154957c5496a4112e183651aa8329f2","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-831.641","next":"us/5-cfr-831.643"},"notice":"GroundRules: Original legal text. Not legal advice."}