[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: 20CFR410.320]

[Page 616-617]
 
                      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. 410.320  Determination of relationship; widow.

    An individual will be considered to be the widow of a miner if:
    (a) The courts of the State in which such miner was domiciled (see 
Sec. 410.392) at the time of his death would find that the individual 
and the miner were validly married; or
    (b) The courts of the State in which such miner was domiciled (see 
Sec. 410.392) at the time of his death would find, under the law they 
would apply in determining the devolution of the miner's intestate 
personal property, that the individual was the miner's widow; or
    (c) Under State law, such individual has the same right she would 
have as if she were the miner's widow to share in

[[Page 617]]

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 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) at 
the time of the miner's death. The provisions of this paragraph shall 
not apply if another person is or has been entitled to benefits as the 
widow of the miner and such other person is, or is considered to be, the 
widow of such miner under paragraph (a), (b), or (c) of this section at 
the time such individual files her claim for benefits.

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