Survivor
For surviving spouse
- The Claimant must have been the spouse, the person to whom the Wage Earner was legally or customarily married* at the time of his death of the Wage Earner at the time of his death;
- The deceased Wage Earner must have been fully or currently insured at the time of his death; and
- The Claimant must have filed an application for Surviving Spouse Benefits.
For surviving child/children
- The Claimant must have been the child** of the Wage Earner at the time of his death;
- The Claimant must have been dependent upon the Wage Earner at the time of his death;
- The deceased Wage Earner must have been fully or currently insured at the time of his death; andAn application for Surviving Child Benefits must have been filed with respect to the Claimant.
* A marriage between the Claimant and the Wage Earner that must have been performed and solemnized in accordance with 26 MIRC 4 Section 429,or the statutes of the jurisdiction of the Wage Earner at the time of their marriage. A certified copy of the public or church record or the original marriage certificate may prove a legal marriage.
** A child is the Wage Earner’s natural, legally adopted, customarily adopted, or step child; provided the Wage Earner’s parental rights with respect to the child have not been terminated. A customary adoption must be confirmed by the High Court of the Republic of the Marshall Islands.A natural or legally adopted child is presumed dependent upon the parent, absent evidence to the contrary.
A customarily adopted child or a stepchild is dependent upon the parent only if at the time of the parent’s death the child had lived in the parent’s home continuously for one year and, during that time, the parent was contributing at least one-half (1/2) of the child’s support.
Commencement of Surviving Spouse/Child Benefits
A Claimant for Surviving Spouse/Child Benefits becomes entitled to such benefits beginning with the month of the death of the Wage Earner; provided, however, the maximum period for which such benefits shall be paid retroactively before the date of the application is 18 months for claims filed prior to September 30, 1992, 12 months for claims filed on or after October 1, 1992.
Amount of Benefits
For Child. Subject to the other paragraphs of this Article, the monthly Surviving Child Benefit shall be 25% of the Basic Benefit; provided, however, the total monthly survivor’s insurance benefits payable to both the Surviving Spouse and the Surviving Children shall neither exceed the Basic Benefit applicable to the deceased Wage Earner nor be less than $128.99; and where more than one person is entitled to survivor’s benefits, the payments shall be made to all such beneficiaries proportionately to the percentage of Basic Benefit due them.
Reduction of Surviving Spouse/Child Benefits Based Upon Subsequent Earnings
With respect to Claimants under the age of 62, the Surviving Spouse Benefit amount will be reduced by $1.00 for every $3.00 earned in a quarter in excess of $1,500. The adjustment in benefits will be applied as soon as practicable following the quarter in which the earnings were made and reported. No adjustment is made for Claimants who have attained the age of 62 years.
Suspension of Surviving Spouse/Child Benefits
Evidence of Continued Entitlement
If the evidence required under Paragraph 8.a. of this Article is not produced within the time fixed by the Administrator, he may suspend payment of the benefit until such time the required evidence is produced.
Termination of Benefits
For Child. Surviving Child Benefits terminate the month before the month of the occurrence of any of the following events:
- The death of the Claimant;
- The marriage of the Claimant;
- The attainment of the age of 18 years by the Claimant, except that the Claimant shall be entitled to Surviving Child Benefits until he attains the age of 22 if he is a bona fide student. If the Claimant became disabled before attaining the age of 22, he shall be entitled to Surviving Child Benefits until his recovery or his death;
- The adoption of a Claimant by another parent, except for adoption subsequent to the death of the Wage Earner by an aunt, uncle, stepparent, or grandparent; and
- The assumption of custody of or support for the Claimant by a natural parent, where the Claimant receives Surviving Child Benefits as a result of a customary adoption.
A bona fide student is a person who is enrolled at an educational institution licensed by the jurisdiction in which the institution is located and attends the institution on what the institution defines as a “full-time” basis. A student who is full-time for any part of a month is considered full-time for the entire month.
To evidence his status as a bona fide student, a Claimant shall have the educational institution complete and send to the Administration a certification of attendance. The certificate should include the following:
- Name and address of the educational institution;
- Name of the student; and
- Date(s) of attendance as a full-time student
PROVISIONS FOR DOCUMENTS
Documentary Evidences
If the copies are authentic and clear of any irregularities, the photocopy should be rubber-stamped with the following statement and signed by the Social Security Representative:
- The original document of which this is a photocopy appears to be genuine and unaltered and to have been made at the time purported. This photocopy consists of ____ pages.
- Signed: ________________________
S.S. Representative
Persons authorized to translate documents include the Social Security Representative or a recognized translator, provided the translator certifies the accuracy of the translation and sign it.
Definition
An affidavit is merely a statement made by an individual before a Notary Public or other properly accepted authorizing individual. The person who seals the affidavit swears to authenticity that the affiant did appear before him and made the statement contained in the affidavit BUT THE SEALER DOES NOT ATTEST TO THE TRUTH OF THE STATEMENT.
Although affidavits may be used to develop claims, they are not to be used as substitutes for original documents.
Every Claimant should be requested to submit an official birth certificate or a religious record of birth or baptism.
Other Proof of Age
In the absence of an official birth document, other proofs of age may be available to substantiate the age of a Claimant.
The following records are some of the information, which may be available to authenticate a person’s correct age:
- School Record – Most schools maintain a file of basic information of new students, which would normally include the child’s date of birth.
- Church Record – If the child was baptized, the church should have a record of birth and can issue an official certificate of baptism, which contains the date of birth; this is acceptable. If no baptism took place, the church may have otherwise recorded the birth.
- Marriage Record – The application for a marriage license or the marriage certificate will normally include the date of birth.
- Passport – When applying for a passport, a general requirement is to include an official birth certificate to support the date of birth on the application. The passport (or preferably the supporting document) will be helpful.
- Hospital Record – Hospitals maintain records of birth, which occur in the hospital. If a record is available, it should be certified by a hospital official.
Delayed Birth Certificate
If neither a birth certificate not a baptismal record of birth is available, the Claimant will be required to obtain a delayed birth certificate.
Delayed birth certificates as certified by the Clerk of Court are acceptable in lieu of other evidences of birth date information. In order to process delayed birth certificate, the Claimant must submit the evidence upon which the delayed record is to be based directly to the Clerk of Court.
Evidence Establishes Year of Birth Only
Occasionally, birth documents are submitted which include only the year of birth, or the year and month without the day.
Proof of Death
Proof of death of the Wage Earner is required whenever an application for survivor’s benefit or lump-sum death benefit is made.
Disappearance – Body Not Recovered
Payment of benefit cannot be made until the death of the missing person is clearly proven. In this respect, as much information as possible should be developed to support proof of death, i.e.:
- Statement from the claimant, relatives, employer, and friends with whom the missing person may have communicated
- Statements taken from persons having knowledge of the disappearance
- Newspaper items
- Results from a police investigation
- Reasons why the person may be missing (like financial, family or mental problems)
- Evidence showing that the person may have been in extreme danger
Documentation of Death by Court for a Missing Person
Once all evidence on the disappearance has been assembled, it should be presented to the Court for a declaration of official death. A certified copy of the declaration is required to support a claim.
Missing/Multiple Dates
- Year/month, but no day – use the last day of the month
- No month or day – use the 2nd day of the 7th month in the year of birth
- More than one date of birth – use the date least advantageous to the Claimant
Discrepancy between Wage Earner’s Name and that Shown on the Document
In cases where the Claimant’s name differs materially from the name on the documents used to ascertain his date of birth, secure a written statement from the claimant explaining why the discrepancy exists. If there is reason to question whether or not the birth document actually belongs to the Claimant, additional evidence should be provided which clearly indicates that the different name belongs to the same person.
OTHER NOTES: SURVIVING SPOUSES
Marriage Types
There are three types of marriage: (1) ceremonial marriage, (2) common-law marriage, and (3) customary marriage.
Primary proof:
- Certified copy of a public record
- Certified copy of a church record
- Original marriage certificate
Secondary proof:
Before considering secondary proof, a complete explanation should be made as to why primary evidence is not available.
- Signed statement from official who performed the marriage ceremony
- Statements from witnesses
- Newspaper article on wedding
Legal Spouse (Remarriage) without Divorce:
The marriage is entered into by mutual consent of the parties to become husband and wife from the time on, without being solemnized by a ceremony.
Factors of Common-Law Marriages with the Parties:
- Must have the intent to marry
- Must consider themselves husband and wife
- Must live together
- Must be legally capable of entering into a valid marriage
Proof of Common-Law Marriage:
- A Statement of marriage from surviving spouse
- Statements taken from two blood relatives of the deceased spouse
- If statements cannot be obtained from two blood relatives, obtain a statement from others who know the facts.
- Statements taken from two side parties (husband’s side and wife’s side)
- Statement taken from a municipal official
A marriage by custom can be recognized if certain conditions are met:
- The parties must by subject to customary laws at the time of marriage
- The parties have been following customary laws at the time of marriage
- The marriage was in accordance with customary law and practice
Proof of Customary Marriage:
- Statement taken from the official who performed the ceremony
- Statement taken from an official who is a recognized authority on customary law
- Statement taken from relatives of the deceased
- A declaration from the Court
Proof of Common-Law Marriage:
- A Statement of marriage from surviving spouse
- Statements taken from two blood relatives of the deceased spouse
- If statements cannot be obtained from two blood relatives, obtain a statement from others who know the facts.
- Statements taken from two side parties (husband’s side and wife’s side)
- Statement taken from a municipal official
Termination of Marriage
A marriage can terminated by divorce, annulment, or death of either party.
Definition
A final divorce is one that ends a legal marriage relationship.
Proof of Divorce
Preferred evidence for obtaining proof of divorce would include a decree from a governing official or custodian of divorce records or a recognized official of customary law.
Evidence Required Where Two Persons Claim as Worker’s Surviving Spouse
When two persons claim that each is the lawful spouse of a Wage Earner, the basic fact to ascertain is whether a divorce terminated the first marriage, or whether the first marriage was actually valid. Both legal and customary laws of the Wage Earner’s domicile at the time of death is important in determining this fact. Both claimants must submit as much information as possible in determining the validity of either marriage. If necessary, obtain Court determination to avoidfuture disputes.
Evidence That Former Marriage Terminated
The spouse of the Wage Earner’s most recent marriage should submit:
- Official evidence that previous marriage ended by divorce, annulment or death of former spouse.
- A detailed statement taken from the latest spouse and friends explaining when, where, and how the former marriage terminated.
Former Spouse Claims Marriage Still Valid:
If the Wage Earner has remarried, the former spouse maintains that their marriage never terminated, submits the following:
- Brief history of marriage;
- How long did they live together?
- Number of children born during the marriage.
- Any lengthy periods of separation?
- Why the marriage did not terminate by divorce?
- Was the spouse informed about any divorce proceedings?
- Where did the Wage Earner live from time of separation to the time of his death (and the dates thereof)?
Definition
An annulment is a decree that declares that an assumed marriage had never existed. It may also terminate a valid marriage otherwise referred to as a divorce.
OTHER NOTES: SURVIVING CHILD
On Adoption and Stepchildren
Benefits of surviving children, whether adopted or is a stepchild, can be made based on a Wage Earner who was either fully or currently insured at the time of death.
Child Dependency
A child who is either legitimate or legally adopted is always considered dependent on the parent. A child who is either a stepchild, customarily adopted, or one born out of wedlock is dependent on the parent if:
- The child lived with the parent; and
- The parent contributed to at least one-half of the child’s support.
Other Qualifying Conditions Supporting the Relationship of a Child to the Parent:
- Decree by the Court that the wage earner is the child’s parent.
- The wage earner was ordered by the Court to contribute to the child’s support because the child is his child.
- Wage earner acknowledged in writing that the child is his child – e.g. for a payroll allotment or insurance policy.
Legal Adoption – Before Death
Any child legally adopted by the wage earner prior to his death is deemed dependent on the adopting parent.
Legal Adoption – After Death
A child legally adopted after the death of the Wage Earner is deemed dependent on the Wage Earner if adoption proceedings had been initiated prior to the Wage Earner’s death.
A Child Legally or Customarily Adopted by the Surviving Spouse of a Wage Earner After the Death of a Wage Earner:
A child legally adopted by the surviving spouse after the death of a Wage Earner is considered a legally adopted child of the Wage Earner if:
- The child was living with the Wage Earner at the time of his death; and
- At the time of the Wage Earner’s death, the child was not receiving regular and substantial support from someone other than the Wage Earner or the spouse.
Stepchild Definition:
A stepchild of a Wage Earner is a child of a natural parent who marries the wage earner. Proof of relationship of the stepchild to his natural or adopting parent must be furnished.