{"data":{"id":"us/5-cfr-843.303","jurisdiction":"us","citation":"5 CFR 843.303","heading":"Marriage duration requirements.","body":"(a) The current spouse of a retiree, an employee, or a separated employee can qualify for a current spouse annuity or the basic employee death benefit only if—\n(1) The current spouse and the retiree, employee, or separated employee 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 retiree, employee, or separated employee 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 retiree, employee, or separated employee 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 retiree, employee, or separated employee is included. This includes a child born out of wedlock if the parents later married 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 caused by or the result of intentional self-destruction or intentionally self-inflicted injury, while sane or insane.\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 843—FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEATH BENEFITS AND EMPLOYEE REFUNDS","Subpart C—Current and Former Spouse Benefits"],"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":"d54c7c125c30d61a43907f693b6abc5f788245c2b05e0b3ed008fdf37424851c","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-843.302","next":"us/5-cfr-843.304"},"notice":"GroundRules: Original legal text. Not legal advice."}
