---
kind: "section"
citation: "20 C.F.R. § 725.212"
title: "20"
number: "725.212"
heading: "Conditions of entitlement; surviving spouse or surviving divorced spouse."
url: "https://uscodex.org/cfr/20/725.212"
---

# §725.212. 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)](#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.

## Notes

### Amendments

[65 FR 80054, Dec. 20, 2000, as amended at 78 FR 59117, Sept. 25, 2013]

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 et seq., 902(f), 921, 932, 936; 33 U.S.C. 901 et seq.; 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.

### Source

Source: 65 FR 80054, Dec. 20, 2000, unless otherwise noted.

### Amendments

[65 FR 80054, Dec. 20, 2000, as amended at 78 FR 59117, Sept. 25, 2013]