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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 20 - Employees' Benefits |
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Chapter VI - Office of Workers' Compensation Programs, Department of Labor |
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SubChapter B - Federal Coal Mine Health and Safety Act of 1969, as Amended |
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Part 725 - Claims for Benefits Under Part C of Title Iv of the Federal Mine Safety and Health Act, as Amended |
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Subpart B - Persons Entitled to Benefits, Conditions, and Duration of Entitlement |
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Conditions and Duration of Entitlement: Miner'S Dependents (Augmented Benefits) |
§ 725.214 - Determination of relationship; surviving spouse.
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§ 725.214 Determination of relationship; surviving spouse.
An individual shall be considered to be the surviving spouse of a miner if:
(a) The courts of the State in which the miner was domiciled (see § 725.231) at the time of his or her death would find that the individual and the miner were validly married; or
(b) The courts of the State in which the miner was domiciled (see § 725.231) at the time of the miner's death would find that the individual was the miner's surviving spouse; or
(c) Under State law, such individual would have the right of the spouse to share in the miner's intestate personal property; or
(d) Such individual went through a marriage ceremony with the miner, resulting in a purported marriage between them which, but for a legal impediment (see § 725.230), would have been a valid marriage, unless such individual entered into the purported marriage with knowledge that it was not a valid marriage, or if such individual and the miner were not living in the same household at the time of the miner's death.