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Content Last Revised: 1/19/01
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 20  

Employees' Benefits

 

Chapter VI  

Employment Standards Administration, Department of Labor

 

 

Part 725  

Claims for Benefits Under Part C of Title IV of the Federal Mine Safety and Health Act, As Amended

 

 

 

Subpart B  

Persons Entitled to Benefits, Conditions, and Duration of Entitlement

20 CFR 725.214 - Determination of relationship; surviving spouse.

  • Section Number: 725.214
  • Section Name: 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 
Sec. 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 
Sec. 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 Sec. 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.
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