[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: 20CFR410.360]

[Page 618-619]
 
                      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. 410.360  Determination of dependency; widow.

    (a) General. An individual who is the miner's widow (see Sec. 
410.320) will be determined to have been dependent on the miner if, at 
the time of the miner's death:
    (1) She was living with the miner (see Sec. 410.393); or
    (2) She was dependent upon the miner for support or the miner has 
been ordered by a court to contribute to her support (see Sec. 
410.395); or

[[Page 619]]

    (3) She was living apart from the miner because of his desertion or 
other reasonable cause; or
    (4) She is the natural mother of his son or daughter; or
    (5) She had legally adopted his son or daughter while she was 
married to him and while such son or daughter was under the age of 18; 
or
    (6) He had legally adopted her son or daughter while she was married 
to him and while such son or daughter was under the age of 18; or
    (7) She was married to him at the time both of them legally adopted 
a child under the age of 18; or
    (8) She was married to him for a period of not less than 9 months 
immediately prior to the day on which he died (but see paragraph (b) of 
this section).
    (b) Waiver of 9-month requirement--(1) General. Except as provided 
in paragraph (b)(3) of this section, the requirement in paragraph (a)(8) 
of this section that the surviving spouse of a miner must have been 
married to him for a period of not less than 9 months immediately prior 
to the day on which he died in order to qualify as such miner's widow, 
shall be deemed to be satisfied where such miner dies within the 
applicable 9-month period, if his death:
    (i) Is accidental (as defined in paragraph (b)(2) of this section), 
or
    (ii) Occurs in line of duty while he is a member of a uniformed 
service serving on active duty (as defined in Sec. 404.1013 (f) (2) and 
(3) of this chapter), and such surviving spouse was married to such 
miner for a period of not less than 3 months immediately prior to the 
day on which he died.
    (2) Accidental death. For purposes of paragraph (b)(1)(i) of this 
section, the death of a miner is accidental if such individual receives 
bodily injuries solely through violent, external, and accidental means 
and, as a direct result of the bodily injuries and independently of all 
other causes, loses his life not later than 3 months after the day on 
which he receives such bodily injuries. The term accident means an event 
that was unpremeditated and unforeseen from the standpoint of the 
deceased individual. To determine whether the death of an individual 
did, in fact, result from an accident the Administration will consider 
all the circumstances surrounding the casualty. An intentional and 
voluntary suicide will not be considered to be death by accident; 
however, suicide by an individual who is so insane as to be incapable of 
acting intentionally and voluntarily will be considered to be death by 
accident. In no event will the death of an individual resulting from 
violent and external causes be considered a suicide unless there is 
direct proof that the fatal injury was self-inflicted.
    (3) Applicability. The provisions of this paragraph shall not apply 
if the Administration determines that at the time of the marriage 
involved, the miner could not reasonably have been expected to live for 
9 months.

[37 FR 20639, Sept. 30, 1972]