Regulations last checked for updates: Nov 25, 2024

Title 20 - Employees' Benefits last revised: Sep 30, 2024
§ 234.44 - Payment to surviving relatives.

(a) How surviving relatives are paid. If the employee either did not designate a beneficiary or was not survived by a designated beneficiary, the RLS is payable to surviving relatives of the employee in the following order of relationship to the employee:

(1) Widow(er) who was “living with” the employee at the time of the employee's death (see § 234.21 for a definition of “living with”);

(2) Child;

(3) Grandchild;

(4) Parent;

(5) Brother or sister, including half blood brother or sister.

(b) Amount surviving relatives are paid. If more than one relative in an equal degree of relationship survives the employee, each one is paid an equal share of the RLS. If an entitled relative of the employee dies before negotiating the RLS check, that share becomes payable to other surviving relatives of the employee in the same degree of relationship. If no relatives in that degree of relationship survive, relatives in the next degree of relationship are payable.

authority: 45 U.S.C. 231f.
source: 51 FR 3036, Jan. 23, 1986, unless otherwise noted.
cite as: 20 CFR 234.44