20 CFR § 10.907 - What order of precedence will OWCP use to determine which survivors are entitled to receive the death gratuity payment under this subpart?

---
identifier: "/us/cfr/t20/s10.907"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 10.907 - What order of precedence will OWCP use to determine which survivors are entitled to receive the death gratuity payment under this subpart?"
title_number: 20
title_name: "Employees' Benefits"
section_number: "10.907"
section_name: "What order of precedence will OWCP use to determine which survivors are entitled to receive the death gratuity payment under this subpart?"
chapter_name: "OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR"
subchapter_number: "B"
subchapter_name: "FEDERAL EMPLOYEES' COMPENSATION ACT"
part_number: "10"
part_name: "CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263."
regulatory_source: "76 FR 37903, June 28, 2011, unless otherwise noted."
cfr_part: "10"
---


# 10.907 What order of precedence will OWCP use to determine which survivors are entitled to receive the death gratuity payment under this subpart?

If OWCP determines that an employee's death qualifies for the death gratuity, the FECA provides that the death gratuity payment will be disbursed to the living survivor(s) highest on the following list:

(a) The employee's surviving spouse.

(b) The employee's children, in equal shares.

(c) The employee's parents, brothers, and sisters, or any combination of them, if designated by the employee pursuant to the designation procedures in § 10.909.

(d) The employee's parents, in equal shares.

(e) The employee's brothers and sisters, in equal shares.