Printing - FECA-PT2 - National Association of Letter Carriers

Compensation was terminated effective October 1, 1992, without declaring an
overpayment since 5 U.S.C. 8101(17) states that an individual "is deemed not to
have ceased to be a student during an interim between school years if the interim is
not more than 4 months and if he shows to the satisfaction of the Secretary that he
has a bona fide intention of continuing to pursue a full-time course of study" during
the following semester.
Since Jane received compensation after high school based on school attendance, the
period for which she was paid represents one full year of eligibility out of her four
year allotment. Had she decided at some future date to attend, she would have had
three years of eligibility remaining. However, if she had decided to begin attending
school in, for example, January 1993, she would still have been within her first year
of eligibility, which began in June 1992 and ended in May 1993.
b. Marriage. A dependent child's eligibility for benefits terminates on the date of the child's
marriage. A child whose marriage ended prior to the employee's death will not be barred from
receiving survivor's benefits if otherwise entitled. A child whose marriage is annulled after the
employee's death is eligible for survivor's benefits from the effective date of the annulment or the
date of death (see FECA Program Memorandum No. 4) if otherwise entitled, but a child who is
divorced or widowed is not eligible for benefits.
c. Children Over 18 Who are Incapable of Self-Support. When claims are made by or for
children over 18 who are physically or mentally incapable of self-support, the CE must investigate
the extent and expected duration of the illness involved.
(1) Eligibility. To be entitled to benefits, a child over 18 at the time of the employee's
death must have been incapable of self-support at the time of the death by reason of a
mental or physical disability. Also, a child over 18 who becomes incapable of self-support
after the employee's death, but before reaching 18, is eligible. A child over 18 is not
entitled to benefits because of inability to obtain employment due to economic conditions,
lack of job skills, etc.
(2) Definition. A claimant is incapable of self- support if his or her physical or mental
condition is such that he or she is unable to obtain and retain a job, or engage in
self-employment that would provide a sustained living wage. This determination must be
based on medical evidence. When medical evidence demonstrates incapacity for
self-support, this determination will stand unless refuted by the sustained work
performance.
FECA-PT2 Printed: 06/08/2010 107