You may not apply as a qualified relative if the workforce member on whom you are basing your qualified relative status died prior to the time you apply for coverage, unless you are receiving a survivor annuity as the spouse of a deceased workforce member. In this case, your adult children and your current spouse are also considered to be qualified relatives.
Code of Federal Regulations
[68 FR 5534, Feb. 4, 2003, as amended at 70 FR 30607, May 27, 2005]