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Printing - FECA-PT2 - National Association of Letter Carriers

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Illegitimate children and posthumous children <strong>of</strong> the deceased are also entitled to compensation (a<br />

posthumous child is entitled to benefits effective the date <strong>of</strong> its birth). Excluded are married children and<br />

foster children. Compensation payable to, or on behalf <strong>of</strong>, a child is continued until the child dies,<br />

marries, or becomes 18, or, if over 18 and incapable <strong>of</strong> self-support, becomes capable <strong>of</strong> self-support.<br />

a. Student Status. Where a child has reached the age <strong>of</strong> 18 and has indicated no intention to<br />

attend school after high school, compensation should cease at the end <strong>of</strong> the month in which the<br />

child graduated from high school. Compensation paid on behalf <strong>of</strong> an unmarried child which would<br />

otherwise be terminated at age 18 may continue, however, if the child is a student pursuing a<br />

full-time course <strong>of</strong> study or training at an accredited institution. Such benefits may be paid for four<br />

years <strong>of</strong> education beyond the high school level, or until the beneficiary reaches age 23, whichever<br />

comes first [see 20 C.F.R. 10.417 and 5U.S.C. 8101(17)].<br />

(1) A "year <strong>of</strong> education beyond the high school level" is defined as:<br />

(a) The 12-month period beginning the month after the child graduates from high<br />

school, if the child has indicated an intention to continue in school during the next<br />

regular session, and each successive 12-month period, provided that school<br />

attendance continues.<br />

(b) The 12-month period beginning on the date the child actually enters school to<br />

continue education, if the child has indicated that he or she will not attend during the<br />

next regular session, and each successive 12-month period, provided that<br />

attendance continues.<br />

(2) A year <strong>of</strong> entitlement based on student status means any year during all or part <strong>of</strong><br />

which compensation is paid based on school attendance. Therefore, if a beneficiary should<br />

decide for any reason not to attend school for part <strong>of</strong> a year during which benefits were paid<br />

on account <strong>of</strong> student status, that beneficiary would be charged with having used an entire<br />

year <strong>of</strong> eligibility out <strong>of</strong> the allotted four years, even though compensation terminates when<br />

the beneficiary leaves school. If a child has already completed one or two more years <strong>of</strong><br />

college before turning 18, they would be deducted from the four years <strong>of</strong> entitlement.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 104

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