time of the miner’s death, or living apart for reasonable 
cause or because of the miner’s desertion, or who meets 
the requirements of subparagraph (A), (B), (C), (D), or 
(E) of section 216(c)(1) of the Social Security Act, sub-
paragraph (A), (B), (C), (D), or (E) of section 216(g)(1) 
of such Act, or section 216(k) of such Act, who is not 
married. An individual is the ‘surviving spouse’ of a miner 
when legally married at the time of the miner’s death 
under the laws of the State where the marriage was cele-
brated. Such term also includes a ‘surviving divorced wife’ 
or ‘surviving divorced husband’, as such terms are defined 
in paragraph (2) or (5) of section 216(d) of such Act who 
for the month preceding the month in which the miner 
died, was receiving at least one-half of his or her support, 
as determined in accordance with regulations prescribed 
by the Secretary, from the miner, or was receiving sub-
stantial contributions from the miner (pursuant to a writ-
ten agreement) or there was in effect a court order for 
substantial contributions to the spouse’s support from the 
miner at the time of the miner’s death.’’; 
(C) in subsection (g)— 
(i) in paragraph (2)(B)(ii), by striking 
‘‘he ceased’’ and inserting ‘‘the individual 
ceased’’; and 
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(ii) in the matter following paragraph 
(2)(C), by striking ‘‘widow’’ each place it 
appears and inserting ‘‘surviving spouse’’; 
(D) in subsection (h), by striking ‘‘Internal 
Revenue Code of 1954’’ and inserting ‘‘Internal 
Revenue Code of 1986’’; and 
(E) in subsection (i), by striking ‘‘Internal 
Revenue Code of 1954’’ and inserting ‘‘Internal 
Revenue Code of 1986’’; 
(3) in section 411 (30 U.S.C. 921)— 
(A) by striking subsection (a) and insert-
ing the following: 
‘‘(a) The Secretary shall, in accordance with the pro-
visions of this title, and the regulations promulgated by 
the Secretary under this title, make payments of benefits 
in respect of— 
‘‘(1) total disability of any miner due to pneu-
moconiosis; 
‘‘(2) the death of any miner whose death was 
due to pneumoconiosis; 
‘‘(3) total disability of any miner at the time of 
the miner’s death with respect to a claim filed under 
part C prior to January 1, 1982; 
‘‘(4) survivors’ benefits for any claim filed after 
January 1, 2005, that is pending on or after March 
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23, 2010, where the miner is found entitled to re-
ceive benefits at the time of the miner’s death as a 
result of the miner’s claim filed under part C; and 
‘‘(5) survivors’ benefits where the miner is 
found entitled to receive benefits at the time of the 
miner’s death resulting from the miner’s claim filed 
under part C before January 1, 1982.’’; and 
(B) in subsection (c)— 
(i) in paragraph (1), by striking ‘‘his 
pneumoconiosis’’ and inserting ‘‘the min-
er’s pneumoconiosis’’; and 
(ii) in paragraph (2), by striking ‘‘his 
death’’ and inserting ‘‘the miner’s death’’; 
(4) in section 412 (30 U.S.C. 922)— 
(A) in subsection (a)— 
(i) by striking paragraph (2) and in-
serting the following: 
‘‘(2) In the case of a surviving spouse— 
‘‘(A) of a miner whose death is due to pneumo-
coniosis; 
‘‘(B) in a claim filed after January 1, 2005, 
and that is pending on or after March 23, 2010, of 
a miner who is found entitled to receive benefits at 
the time of the miner’s death as a result of the min-
er’s claim filed under part C; 
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‘‘(C) of a miner who is found entitled to receive 
benefits at the time of the miner’s death as a result 
of the miner’s claim filed under part C before Janu-
ary 1, 1982; or 
‘‘(D) in a claim filed under part C before Janu-
ary 1, 1982, of a miner who was totally disabled by 
pneumoconiosis at the time of the miner’s death, 
benefits shall be paid to the miner’s surviving spouse at 
the rate the deceased miner would receive such benefits 
if he were totally disabled.’’; 
(ii) in paragraph (3)— 
(I) by striking ‘‘(3) In the case’’ 
and all that follows through ‘‘section 
411(c)’’ and inserting the following: 
‘‘(3)(A) In the case of the child or 
children of a miner described in sub-
paragraph (B)’’; 
(II) by striking ‘‘he’’ each place 
it appears and inserting ‘‘the child’’; 
(III) by striking ‘‘widow’’ each 
place it appears and inserting ‘‘sur-
viving spouse’’; and 
(IV) by adding at the end the fol-
lowing: 
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‘‘(B) Subparagraph (A) shall apply in the case of any 
child or children— 
‘‘(i) of a miner whose death is due to pneumo-
coniosis; 
‘‘(ii) in a claim filed after January 1, 2005, 
that is pending on or after March 23, 2010, of a 
miner who is found entitled to receive benefits at the 
time of the miner’s death as a result of the miner’s 
claim filed under part C; 
‘‘(iii) of a miner who is found entitled to receive 
benefits at the time of the miner’s death as a result 
of the miner’s claim filed under part C before Janu-
ary 1, 1982; 
‘‘(iv) in a claim filed under part C before Janu-
ary 1, 1982, of a miner who was totally disabled by 
pneumoconiosis at the time of the miner’s death; 
‘‘(v) of a surviving spouse who is found entitled 
to receive benefits under this part at the time of the 
surviving spouse’s death; or 
‘‘(vi) entitled to the payment of benefits under 
paragraph (5) of section 411(c).’’; 
(iii) in paragraph (5)— 
(I) by striking the first sentence 
and inserting the following: ‘‘In the 
case of the dependent parent or par-
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ents of a miner who is not survived at 
the time of death by a surviving 
spouse or a child and (i) whose death 
is due to pneumoconiosis, (ii) in a 
claim filed after January 1, 2005, 
that is pending on or after March 23, 
2010, who is found entitled to receive 
benefits at the time of his the miner’s 
death as a result of the miner’s claim 
filed under part C, (iii) who is found 
entitled to receive benefits at the time 
of his death as a result of the miner’s 
claim filed under part C before Janu-
ary 1, 1982, or (iv) in a claim filed 
under part C before January 1, 1982, 
who was totally disabled by pneumo-
coniosis at the time of the miner’s 
death; in the case of the dependent 
surviving brother(s) or sister(s) of 
such a miner who is not survived at 
the time of the miner’s death by a 
surviving spouse, child, or parent; in 
the case of the dependent parent or 
parents of a miner (who is not sur-
vived at the time of the miner’s death 
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by a surviving spouse or child) who 
are entitled to the payment of benefits 
under 
paragraph 
(5) 
of 
section 
411(c); or in the case of the depend-
ent surviving brother(s) or sister(s) of 
a miner (who is not survived at the 
time of the miner’s death by a sur-
viving spouse, child, or parent) who 
are entitled to the payment of benefits 
under 
paragraph 
(5) 
of 
section 
411(c), benefits shall be paid under 
this part to such parent(s), or to such 
brother(s), or sister(s), at the rate 
specified in paragraph (3) (as if such 
parent(s) or such brother(s) or sis-
ter(s), were the children of such 
miner).’’; and 
(II) in the fourth sentence— 
(aa) by striking ‘‘brother 
only if he’’ and inserting ‘‘broth-
er or sister only if the brother or 
sister’’; and 
(bb) by striking ‘‘before he 
ceased’’ and inserting ‘‘before the 
brother or sister ceased’’; and 
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