[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR410.310]

[Page 616]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 410_FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV_BLACK 
LUNG BENEFITS (1969	 )--Table of Contents
 
                  Subpart C_Relationship and Dependency
 
Sec. 410.310  Determination of relationship; wife.

    An individual will be considered to be the wife of a miner if:
    (a) The courts of the State in which such miner is domiciled (see 
Sec. 410.392) would find that such individual and the miner were 
validly married; or
    (b) The courts of the State in which such miner is domiciled (see 
Sec. 410.392) would find, under the law they would apply in determining 
the devolution of the miner's intestate personal property, that the 
individual is the miner's wife; or
    (c) Under State law, such individual has the same right she would 
have if she were the wife to share in the miner's intestate personal 
property; or
    (d)(1) Such individual went through a marriage ceremony with the 
miner resulting in a purported marriage between them and which, but for 
a legal impediment (see Sec. 410.391), would have been a valid 
marriage. However, such purported marriage shall not be considered a 
valid marriage if 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 (see Sec. 410.393) 
in the month in which there is filed a request that the miner's benefits 
be augmented because such individual qualifies as his wife (see Sec. 
410.510(c)). The provisions of this paragraph shall not apply, however, 
if the miner's benefits are or have been augmented under Sec. 
410.510(c) because another person qualifies or has qualified as his wife 
and such other person is, or is considered to be, the wife of such miner 
under paragraph (a), (b), or (c) of this section at the time such 
request is filed.
    (2) The qualification for augmentation purposes of an individual who 
would not be considered to be the wife of such miner but for this 
paragraph (d), shall end with the month before the month in which (i) 
the Administration determines that the benefits of the miner should be 
augmented on account of another person, if such other person is (or is 
considered to be) the wife of such miner under paragraph (a), (b), or 
(c) of this section, or (ii) if the individual who previously qualified 
as a wife for purposes of Sec. 410.510(c), entered into a marriage 
valid without regard to this paragraph, with a person other than such 
miner.

[36 FR 23756, Dec. 14, 1971, as amended at 37 FR 20638, Sept. 30, 1972]