§ 89.6. Beneficiary eligibility.
(a) Order of priority. The benefits will be paid by the Commonwealth or the political subdivision to the eligible beneficiary in the following order of precedence:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the minor child or children in equal shares, with payments, when appropriate, being made to the legal guardian or trustee.
(3) If there is no surviving spouse or minor child, to the parent or parents.
(b) Determination of relationship of spouse. Marriage should be established by one or more of the following types of evidence in the order of preference shown:
(1) A copy of the public record of marriage, certified or attested, an abstract of the public record, containing sufficient data to identify the parties, the date and place of the marriage, and the number of prior marriages by either party shown on the official record, issued by the officer having custody of the record, or a certified copy of the religious record of marriage.
(2) The affidavit of the clergyman or magistrate who officiated.
(3) The original certificate of marriage accompanied by proof of its genuineness and the authority of the person to perform the marriage.
(4) The affidavits or sworn statements of two or more eyewitnesses to the ceremony.
(5) If a common law marriage is claimed, the affidavits or certified statements of the spouse setting forth all of the facts and circumstances concerning the alleged marriage, such as the agreement between the parties at the beginning of their cohabitation, the period of cohabitation, places and dates of residences, and whether children were born as a result of the relationship. This evidence should be supplemented by affidavits or certified statements from two or more persons who know as the result of personal observation the reputed relationship which existed between the parties to the alleged marriage including the period of cohabitation, places of residences, whether the parties held themselves out as husband and wife, and whether they were generally accepted as such in the communities in which they lived.
(6) Other evidence which would reasonably support a belief that a valid marriage actually existed.
(7) A copy of separation agreement, when applicable.
(c) Determination of relationship of child. Generally, an individual is considered the child of a public safety officer if the birth certificate shows the public safety officer as the parent. If the birth certificate does not show the relationship, proof may consist of one or more of the following:
(1) Evidence that the public safety officer has been identified as the parent of the child by a judicial decree ordering the public safety officer to contribute to the support of the child or for other purposes.
(2) A certified copy of the public record of birth or a religious record showing that the public safety officer provided information naming the public safety officer as the parent of the child.
(3) Information obtained from a public agency or public records, such as school or welfare agencies, which shows that with the public safety officer’s knowledge, the public safety officer was named as the parent of the child.
(4) A certified copy of the decree of adoption or a revised birth certificate to establish the fact of adoption.
(d) Determination of relationship of parent or parents. Generally, an individual is considered the parent of a public safety officer if the birth certificate identifies the individual as the parent of the public safety officer. If the birth certificate does not show the relationship, proof may consist of one of the following:
(1) A certified copy of the public record of birth or a religious record showing that the individual was named as the parent of the public safety officer.
(2) A certified copy of the decree of adoption or a revised birth certificate to establish the fact of adoption.
Source The provisions of this § 89.6 amended November 16, 2007, effective November 17, 2007, 37 Pa.B. 6106. Immediately preceding text appears at serial pages (235108) to (235109).
Cross References This section cited in 4 Pa. Code § 89.7 (relating to claims for death benefits).
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