20 CFR § 725.213 - Duration of entitlement; surviving spouse or surviving divorced spouse.
---identifier: "/us/cfr/t20/s725.213"source: "ecfr"legal_status: "authoritative_unofficial"title: "20 CFR § 725.213 - Duration of entitlement; surviving spouse or surviving divorced spouse."title_number: 20title_name: "Employees' Benefits"section_number: "725.213"section_name: "Duration of entitlement; surviving spouse or surviving divorced spouse."chapter_name: "OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR"subchapter_number: "B"subchapter_name: "FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED"part_number: "725"part_name: "CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"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. 901 902(f), 921, 932, 936; 33 U.S.C. 901 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834."regulatory_source: "65 FR 80054, Dec. 20, 2000, unless otherwise noted."cfr_part: "725"---
Identifier
/us/cfr/t20/s725.213
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Office of Workers' Compensation Programs, Department of Labor
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. 901 902(f), 921, 932... 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. 901 902(f), 921, 932, 936; 33 U.S.C. 901 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.
# 725.213 Duration of entitlement; surviving spouse or surviving divorced spouse.(a) An individual is entitled to benefits as a surviving spouse, or as a surviving divorced spouse, for each month beginning with the first month in which all of the conditions of entitlement prescribed in § 725.212 are satisfied.(b) The last month for which such individual is entitled to such benefits is the month before the month in which either of the following events first occurs:(1) The surviving spouse or surviving divorced spouse marries; or(2) The surviving spouse or surviving divorced spouse dies.(c) A surviving spouse or surviving divorced spouse whose entitlement to benefits has been terminated pursuant to § 725.213(b)(1) may thereafter again become entitled to such benefits upon filing application for such reentitlement, beginning with the first month after the marriage ends and such individual meets the requirements of § 725.212. The individual shall not be required to reestablish the miner's entitlement to benefits (§ 725.212(a)(3)(i)) or the miner's death due to pneumoconiosis (§ 725.212(a)(3)(ii)).