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Printing - FECA-PT2 - National Association of Letter Carriers

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2-0700-10 Compensation to Siblings, Grandparents, and Grandchildren<br />

10. Compensation to Siblings, Grandparents, and Grandchildren. As with parents, the relationship on<br />

the date <strong>of</strong> death and the degree <strong>of</strong> financial dependence determines entitlement to benefits for siblings,<br />

grandparents, and grandchildren. The term "sibling" includes stepbrothers and stepsisters, half brothers<br />

and half sisters, and brothers and sisters by adoption. The category <strong>of</strong> grandparents does not include<br />

step-grandparents. The term grandchildren includes all biological and adopted grandchildren, whether<br />

born into a marriage or not, but does not include step-grandchildren. Unlike posthumous children,<br />

posthumous siblings are not entitled to benefits, even if the mother <strong>of</strong> the deceased employee was<br />

dependent on the employee at the time <strong>of</strong> death and she was pregnant, the reasoning being that the<br />

unborn child was dependent on its mother, not the employee, prior to its birth (see J. Quackenbush, 19<br />

ECAB 251).<br />

a. Documentation. The person claiming compensation, or someone acting on this person's<br />

behalf, must complete Form CA_5b. Pro<strong>of</strong> <strong>of</strong> relationship and pro<strong>of</strong> <strong>of</strong> dependency at the time <strong>of</strong><br />

death are required. Evidence which establishes physical or mental incapacity is also required if a<br />

sibling or grandchild is over age 18 and incapable <strong>of</strong> self_support.<br />

(1) Pro<strong>of</strong> <strong>of</strong> relationship is established in the same manner as for a child or parent.<br />

(2) Pro<strong>of</strong> <strong>of</strong> dependency is established in the same manner as for a parent, but the<br />

percentage <strong>of</strong> entitlement for partly dependent beneficiaries differs:<br />

(a) Section 8133(a)(5)(C) allows 10% to a partly dependent sibling, grandparent,<br />

or grandchild rather than the "proportionate amount" allowed to parents by 5 U.S.C.<br />

8133(a)(4).<br />

(b) Therefore, the CE need not calculate the prorated degree <strong>of</strong> dependency<br />

required by the Minnie Ballard decision (8 ECAB 716).<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 110

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