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CFR |
Code of Federal Regulations Pertaining to U.S. Department of Labor |
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Chapter VI |
Employment Standards Administration, Department of Labor |
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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 |
- 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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