331. Stepchild-Stepparent Relationship
331.1 When does a stepchild-stepparent relationship arise?
In general, a stepchild-stepparent relationship arises when you:
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Marry the child's natural parent (in general, this must be after the child's birth); or
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Marry the child's adopting parent after the adoption.
331.2 What is the effect of your death as a stepparent?
If you die, your stepchild's entitlement to benefits does not end.
331.3 What is the effect of divorce on a stepchild's benefits?
Once a stepchild is entitled, a divorce ending the parent's marriage (including an invalid ceremonial marriage-see §332) to the stepparent ends the child's benefits if the divorce becomes final in or after July 1996.
331.4 How long does the steprelationship have to exist?
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If the parent is living, a stepchild must have been a stepchild of the insured worker for at least one year before filing an application; and
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To qualify for survivors benefits, a stepchild must have been the stepchild of the insured worker for at least nine months before the day that the worker died, unless:
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The worker and the child's natural or adopting parent were previously married, divorced, and then remarried at the time of the worker's death, and
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The nine-month duration-of-relationship requirement was met at the time of the divorce.
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Note: If the death of the worker was accidental or occurred in the line of duty while a member of a uniformed service serving on active duty, the nine-month requirement may be considered satisfied; unless the worker could not have been expected to live for nine months at the time of marriage. (See §404 for an explanation of the exception to the nine-month duration-of-marriage requirement.)
(The evidence required to establish the relationships described above is set forth in §§1707-1717.)
Last Revised: Jun. 30, 2004