# 20 CFR § 10.906: What special statutory definitions apply to survivors under this subpart? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-20-10.906 ## Section - **Citation:** 20 CFR § 10.906 - **Heading:** What special statutory definitions apply to survivors under this subpart? - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 20—Employees' Benefits > CHAPTER I—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR > SUBCHAPTER B—FEDERAL EMPLOYEES' COMPENSATION ACT > PART 10—CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED > Subpart J—Death Gratuity ## Text For the purposes of paying the death gratuity to eligible survivors under this subpart, OWCP will use the following definitions: (a) “Surviving spouse” means the person who was legally married to the deceased employee at the time of his or her death. (b) “Children” means, without regard to age or marital status, the deceased employee's natural children and adopted children. It also includes any stepchildren who were a part of the decedent's household at the time of death. (1) A stepchild will be considered part of the decedent's household if the decedent and the stepchild share the same principal place of abode in the year prior to the decedent's death. The decedent and stepchild will be considered as part of the same household notwithstanding temporary absences due to special circumstances such as illness, education, business travel, vacation travel, military service, or a written custody agreement under which the stepchild is absent from the employee's household for less than 180 days of the year. (2) A natural child who is an illegitimate child of a male decedent is included in the definition of “children” under this subpart if: (i) The child has been acknowledged in writing signed by the decedent; (ii) The child has been judicially determined, before the decedent's death, to be his child; (iii) The child has been otherwise proved, by evidence satisfactory to the employing agency, to be the decedent's child; or (iv) The decedent had been judicially ordered to contribute to the child's support. (c) “Parent” or “parents” mean the deceased employee's natural father and mother or father and mother through adoption. It also includes persons who stood in loco parentis to the decedent for a period of not less than one year at any time before the decedent became an employee. (1) A person stood in loco parentis when the person assumed the status of parent toward the deceased employee. (Any person who takes a child of another into his or her home and treats the child as a member of his or her family, providing parental supervision, support, and education as if the child were his or her own child, will be considered to stand in loco parentis.) (2) Only one father and one mother, or their counterparts in loco parentis, may be recognized in any case. (3) Preference will be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent became an employee. (d) “Brother” and “sister” mean any person, without regard to age or marital status, who is a natural brother or sister of the decedent, a half-brother or half-sister, or a brother or sister through adoption. Step-brothers or step-sisters of the decedent are not considered a “brother” or a “sister.” ## Nearby sections - [20 CFR § 10.200 § 10.200 What is continuation of pay?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.200.md) - [20 CFR § 10.600 § 10.600 How can final decisions of OWCP be reviewed?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.600.md) - [20 CFR § 10.900 § 10.900 What is the death gratuity under this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.900.md) - [20 CFR § 10.901 § 10.901 Which employees are covered under this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.901.md) - [20 CFR § 10.902 § 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/ecfr-20-10.902.md) - [20 CFR § 10.903 § 10.903 Is the death gratuity payment applicable retroactively?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.903.md) - [20 CFR § 10.904 § 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/ecfr-20-10.904.md) - [20 CFR § 10.905 § 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/ecfr-20-10.905.md) - [20 CFR § 10.906 § 10.906 What special statutory definitions apply to survivors under this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.906.md) - [20 CFR § 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?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.907.md) - [20 CFR § 10.908 § 10.908 Can an employee designate alternate beneficiaries to receive a portion of the death gratuity payment?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.908.md) - [20 CFR § 10.909 § 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/ecfr-20-10.909.md) - [20 CFR § 10.910 § 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/ecfr-20-10.910.md) - [20 CFR § 10.911 § 10.911 How is the death gratuity payment process initiated?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.911.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-20-10.906. Check the current official text before relying on it. Not legal advice.