20 CFR 725.212 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (Part 657 To Parts 1011-1099) — Office Of Workers' Compensation Programs, Department Of Labor (Part 700 To Parts 727-799) — Federal Coal Mine Health And Safety Act Of 1969, As Amended (§ 718.1 To Parts 727-799) — Claims For Benefits Under Part C Of Title Iv Of The Federal Mine Safety And Health Act, As Amended (§ 725.1 To § 725.711) — Persons Entitled To Benefits, Conditions, And Duration Of Entitlement (§ 725.201 To § 725.233) — Conditions And Duration Of Entitlement: Miner'S Dependents (Augmented Benefits) (§ 725.204 To § 725.233) — Conditions of entitlement; surviving spouse or surviving divorced spouse.

(a) An individual who is the surviving spouse or surviving divorced spouse of a miner is eligible for benefits if such individual:

(1) Is not married;

(2) Was dependent on the miner at the pertinent time; and

(3) The deceased miner either:

(i) Is determined to have died due to pneumoconiosis; or

(ii) Filed a claim for benefits on or after January 1, 1982, which results or resulted in a final award of benefits, and the surviving spouse or surviving divorced spouse filed a claim for benefits after January 1, 2005 which was pending on or after March 23, 2010.

(b) If more than one spouse meets the conditions of entitlement prescribed in paragraph (a), then each spouse will be considered a beneficiary for purposes of section 412(a)(2) of the Act without regard to the existence of any other entitled spouse or spouses.