(a) Basic rate. The amount of benefits payable to a beneficiary for
a month is determined, in the first instance, by computing the ``basic
rate.'' The basic rate is equal to 37\1/2\ percent of the monthly pay
rate for Federal employees in GS-2, step 1. That rate for a month is
determined by:
(1) Ascertaining the lowest annual rate of pay (step 1) for Grade
GS-2 of the General Schedule applicable to such month (see 5 U.S.C.
5332);
(2) Ascertaining the monthly rate thereof by dividing the amount
determined in paragraph (a)(1) of this section by 12; and
(3) Ascertaining the basic rate under the Act by multiplying the
amount determined in paragraph (a)(2) of this section by 0.375 (that
is, by 37\1/2\ percent).
(b) Basic benefit. When a miner or surviving spouse is entitled to
benefits for a month for which he or she has no dependents who qualify
under this part and when a surviving child of a miner or spouse, or a
parent, brother, or sister of a miner, is entitled to benefits for a
month for which he or she is the only
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beneficiary entitled to benefits, the amount of benefits to which such
beneficiary is entitled is equal to the basic rate as computed in
accordance with this section (raised, if not a multiple of 10 cents, to
the next high multiple of 10 cents). This amount is referred to as the
``basic benefit.''
(c) Augmented benefit. (1) When a miner or surviving spouse is
entitled to benefits for a month for which he or she has one or more
dependents who qualify under this part, the amount of benefits to which
such miner or surviving spouse is entitled is increased. This increase
is referred to as an ``augmentation.''
(2) The benefits of a miner or surviving spouse are augmented to
take account of a particular dependent beginning with the first month
in which such dependent satisfies the conditions set forth in this
part, and continues to be augmented through the month before the month
in which such dependent ceases to satisfy the conditions set forth in
this part, except in the case of a child who qualifies as a dependent
because he or she is a student. In the latter case, such benefits
continue to be augmented through the month before the first month
during no part of which he or she qualifies as a student.
(3) The basic rate is augmented by 50 percent for one such
dependent, 75 percent for two such dependents, and 100 percent for
three or more such dependents.
(d) Survivor benefits. As used in this section, ``survivor'' means
a surviving child of a miner or surviving spouse, or a surviving
parent, brother, or sister of a miner, who establishes entitlement to
benefits under this part.
(e) Computation and rounding. (1) Any computation prescribed by
this section is made to the third decimal place.
(2) Monthly benefits are payable in multiples of 10 cents.
Therefore, a monthly payment of amounts derived under paragraph (c)(3)
of this section which is not a multiple of 10 cents is increased to the
next higher multiple of 10 cents.
(3) Since a fraction of a cent is not a multiple of 10 cents, such
an amount which contains a fraction in the third decimal place is
raised to the next higher multiple of 10 cents.
(f) Eligibility based on the coal mine employment of more than one
miner. Where an individual, for any month, is entitled (and/or
qualifies as a dependent for purposes of augmentation of benefits)
based on the disability or death due to pneumoconiosis arising out of
the coal mine employment of more than one miner, the benefit payable to
or on behalf of such individual shall be at a rate equal to the highest
rate of benefits for which entitlement is established by reason of
eligibility as a beneficiary, or by reason of his or her qualification
as a dependent for augmentation of benefit purposes.
