Section 216.65 - Who is an employee's widow(er)An individual who was married to the employee at the employee's death is the deceased employee's widow(er) if he or she:
(a) Was married to the employee for at least 9 months before the day the employee died;(b) Is the natural parent of the employee's child;(c) Was married to the employee when either the employee or the widow(er) adopted the other's child, or they both legally adopted a child who was then under 18 years old;(d) Was married to the employee less than 9 months before the employee died but, at the time of marriage, the employee was reasonably expected to live for 9 months; and (1) The employee's death was accidental;(2) The employee died in the line of duty while he or she was serving active duty as a member of armed forces of the United States; or(3) The surviving spouse was previously married to the employee for at least 9 months;(e) Was entitled in the month before the month of marriage to either:(1) A benefit under section 202 of the Social Security Act as a widow, widower, spouse (divorced spouse, surviving divorced spouse), father, mother, parent, or disabled child; or(2) An annuity under the Railroad Retirement Act as a widow, widower, divorced spouse, or surviving divorced spouse, parent or disabled child; or(f) Could have been entitled to a benefit listed in paragraph (e) of this section, if the widow(er) had applied and been old enough to qualify therefor in the month before the month of marriage.