# 20 C.F.R. § 10.907 (2026): What order of precedence will OWCP use to determine which survivors are entitled to receive the death gratuity payment under this subpart?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_907

## Section

- **Citation:** 20 C.F.R. § 10.907 (2026)
- **Heading:** What order of precedence will OWCP use to determine which survivors are entitled to receive the death gratuity payment under this subpart?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 20 CFR: Employees' Benefits / Chapter I: OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR / Part 10: CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED / Subpart J: Death Gratuity / § 10.907: § 10.907   What order of precedence will OWCP use to determine which survivors are entitled to receive the death gratuity payment under this subpart?

## Text

If OWCP determines that an employee's death qualifies for the death gratuity, the FECA provides that the death gratuity payment will be disbursed to the living survivor(s) highest on the following list:
(a) The employee's surviving spouse.
(b) The employee's children, in equal shares.
(c) The employee's parents, brothers, and sisters, or any combination of them, if designated by the employee pursuant to the designation procedures in § 10.909.
(d) The employee's parents, in equal shares.
(e) The employee's brothers and sisters, in equal shares.

## Nearby sections

- [20 C.F.R. § 10.900 (2026) § 10.900   What is the death gratuity under this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_900.md)
- [20 C.F.R. § 10.901 (2026) § 10.901   Which employees are covered under this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_901.md)
- [20 C.F.R. § 10.902 (2026) § 10.902   Does every employee's death due to injuries incurred in connection with his or her service with an Armed Force in a contingency operation qualify for the death gratuity?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_902.md)
- [20 C.F.R. § 10.903 (2026) § 10.903   Is the death gratuity payment applicable retroactively?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_903.md)
- [20 C.F.R. § 10.904 (2026) § 10.904   Does a death as a result of occupational disease qualify for payment of the death gratuity?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_904.md)
- [20 C.F.R. § 10.905 (2026) § 10.905   If an employee incurs a covered injury in connection with his or her service with an Armed Force in a contingency operation but does not die of the injury until years later, does the death qualify for payment of the death gratuity?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_905.md)
- [20 C.F.R. § 10.906 (2026) § 10.906   What special statutory definitions apply to survivors under this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_906.md)
- [20 C.F.R. § 10.907 (2026) § 10.907   What order of precedence will OWCP use to determine which survivors are entitled to receive the death gratuity payment under this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_907.md)
- [20 C.F.R. § 10.908 (2026) § 10.908   Can an employee designate alternate beneficiaries to receive a portion of the death gratuity payment?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_908.md)
- [20 C.F.R. § 10.909 (2026) § 10.909   How does an employee designate a variation in the order or percentage of gratuity payable to survivors and how does the employee designate alternate beneficiaries?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_909.md)
- [20 C.F.R. § 10.910 (2026) § 10.910   What if a person entitled to a portion of the death gratuity payment dies after the death of the covered employee but before receiving his or her portion of the death gratuity?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_910.md)
- [20 C.F.R. § 10.911 (2026) § 10.911   How is the death gratuity payment process initiated?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_911.md)
- [20 C.F.R. § 10.912 (2026) § 10.912   What is required to establish a claim for the death gratuity payment?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_912.md)
- [20 C.F.R. § 10.913 (2026) § 10.913   In what situations will OWCP consider that an employee incurred injury in connection with his or her service with an Armed Force in a contingency operation?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_913.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_907. Check the current official text before relying on it. Not legal advice.