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30 U.S.C. § 933 — Procedure for the determination of claims during transition period

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 933 — Procedure for the determination of claims during transition period

**(a)** Notwithstanding any other provision in this subchapter, for the purpose of assuring the uninterrupted receipt of benefits by claimants at such time as responsibility for administration of the benefits program is assumed by either a State workmen’s compensation agency or the Secretary of Labor, any claim for benefits under this part filed during the period from July 1, 1973 to December 31, 1973, shall be considered and determined in accordance with the procedures of this section. With respect to any such claim— (1) Such claim shall be determined and, where appropriate under this part or [section 9501(d) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9501/d&num=0&edition=prelim), benefits shall be paid with respect to such claim by the Secretary of Labor. (2) The Secretary of Labor shall promptly notify any operator who he believes, on the basis of information contained in the claim, or any other information available to him, may be liable to pay benefits to the claimant under part C of this subchapter for any month after December 31, 1973. (3) In determining such claims, the Secretary of Labor shall, to the extent appropriate, follow the procedures described in subsections (b), (c), and (d) of [section 919 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section919&num=0&edition=prelim). (4) Any operator who has been notified of the pendency of a claim under paragraph (2) of this subsection shall be bound by the determination of the Secretary of Labor on such claim as if the claim had been filed pursuant to part C of this subchapter and [section 932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section932&num=0&edition=prelim) had been applicable t

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Source file: Laws/federal/codes/united-states-code/title-30/section-933-procedure-for-the-determination-of-claims-during-transition-period--2ac3575c63.md
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Source location: Title 30, Chapter 22, § 933; chapter-022-mine-safety-and-health.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 919 — Procedure in respect of claims

**(a) Filing of claim** Subject to the provisions of [section 913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section913&num=0&edition=prelim) a claim for compensation may be filed with the deputy commissioner in accordance with regulations prescribed by the Secretary at any time after the first seven days of disability following any injury, or at any time after death, and the deputy commissioner shall have full power and authority to hear and determine all questions in respect of such claim. **(b) Notice of claim** Within ten days after such claim is filed the deputy commissioner, in accordance with regulations prescribed by the Secretary, shall notify the employer and any other person (other than the claimant), whom the deputy commissioner considers an interested party, that a claim has been filed. Such notice may be served personally upon the employer or other person, or sent to such employer or person by registered mail. **(c) Investigations; order for hearing; notice; rejection or award** The deputy commissioner shall make or cause to be made such investigations as he considers necessary in respect of the claim, and upon application of any interested party shall order a hearing thereon. If a hearing on such claim is ordered the deputy commissioner shall give the claimant and other interested parties at least ten days’ notice of such hearing, served personally upon the claimant and other interested parties or sent to such claimant and other interested parties by registered mail or by certified mail, and shall within twenty days after such hearing is had, by order, reject the claim or make an award in respect of the claim. If no hearing is ordered within twenty days after notice is given as provided in subsection (b), the dep

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 919

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 932 — Time for filing claims

**(a) Claims filed before December 31, 1973** (1) No claim for benefits under this part on account of total disability of a miner shall be considered unless it is filed on or before December 31, 1973, or, in the case of a claimant who is a widow, within six months after the death of her husband or by December 31, 1973, whichever is the later. (2) In the case of a claim by a child this paragraph shall apply, notwithstanding any other provision of this part. (A) If such claim is filed within six months following May 1972, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from December 30, 1969, or from the date such child would have been first eligible for such benefit payments had [section 922(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section922/a/3&num=0&edition=prelim) been applicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit payments, but was eligible at any period of time during the period from December 30, 1969, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period. (B) If such claim is filed after six months following May 1972, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from a date twelve months preceding the date such claim is filed, or from the date such child would have been first eligible for such benefit payments had [section 922(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section922/a/3&num=0&edition=prelim) been applicable since December 30, 1969, whichever is the

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 401 — Trust Funds

**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and (2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and (3) the taxes imposed by

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30 U.S.C. § 902 — Communication facilities; locations and emergency response plans

**(a) In general** Telephone service or equivalent two-way communication facilities, approved by the Secretary or his authorized representative, shall be provided between the surface and each landing of main shafts and slopes and between the surface and each working section of any coal mine that is more than one hundred feet from a portal. **(b) Accident preparedness and response** (1) **In general** — Each underground coal mine operator shall carry out on a continuing basis a program to improve accident preparedness and response at each mine. (2) **Response and preparedness plan** (A) *In general* — Not later than 60 days after June 15, 2006, each underground coal mine operator shall develop and adopt a written accident response plan that complies with this subsection with respect to each mine of the operator, and periodically update such plans to reflect changes in operations in the mine, advances in technology, or other relevant considerations. Each such operator shall make the accident response plan available to the miners and the miners’ representatives. (B) *Plan requirements* — An accident response plan under subparagraph (A) shall— (i) provide for the evacuation of all individuals endangered by an emergency; and (ii) provide for the maintenance of individuals trapped underground in the event that miners are not able to evacuate the mine. (C) *Plan approval* — The accident response plan under subparagraph (A) shall be subject to review and approval by the Secretary. In determining whether to approve a particular plan the Secretary shall take into consideration all comments submitted by miners or their representatives. Approved plans shall— (i) afford miners a level of safety protection at least consistent with the existing standards, in

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 902

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 934 — Benefits under State workmen’s compensation laws

**(a) Filing** On and after January 1, 1974, any claim for benefits for death or total disability due to pneumoconiosis shall be filed pursuant to the applicable State workmen’s compensation law, except that during any period when miners or their surviving widows, children, parents, brothers, or sisters, as the case may be, are not covered by a State workmen’s compensation law which provides adequate coverage for pneumoconiosis, and in any case in which benefits based upon eligibility under paragraph (5) of [section 921(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section921/c&num=0&edition=prelim) are involved.11 So in original. The period probably should be a comma. they shall be entitled to claim benefits under this part. **(b) Adequacy of compensation; listing of States providing adequate compensation; requisites for listing** (1) For purposes of this section, a State workmen’s compensation law shall not be deemed to provide adequate coverage for pneumoconiosis during any period unless it is included in the list of State laws found by the Secretary to provide such adequate coverage during such period. The Secretary shall, no later than October 1, 1972, publish in the Federal Register a list of State workmen’s compensation laws which provide adequate coverage for pneumoconiosis and shall revise and republish in the Federal Register such list from time to time, as may be appropriate to reflect changes in such State laws due to legislation or judicial or administrative interpretation. (2) The Secretary shall include a State workmen’s compensation law on such list during any period only if he finds that during such period under such law— (A) benefits must be paid for total disability or death of a miner due to pneumoconios

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30 U.S.C. § 934a — Failure to meet workmen’s compensation requirements

**(a) Benefits; applicability of Longshore and Harbor Workers’ Compensation Act; promulgation of regulations** Subject to section 28(h)(1) of the Longshore and Harbor Workers’ Compensation Act Amendments of 1984, during any period after December 31, 1973, in which a State workmen’s compensation law is not included on the list published by the Secretary under [section 931(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section931/b&num=0&edition=prelim), the provisions of Public Law 803, 69th Congress (44 Stat. 1424, approved March 4, 1927), as amended [[33 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section901&num=0&edition=prelim) et seq.], and as it may be amended from time to time (other than the provisions contained in sections 1, 2, 3, 4,,11 So in original. 8, 9, 10, 12, 13, 29, 30, 31, 32, 33, 37, 38, 41, 43, 44, 45, 46, 47, 48, 49, 50, and 51 thereof) [[33 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section901&num=0&edition=prelim), 902, 903, 904, 908, 909, 910, 912, 913, 929, 930, 931, 932, 933, 937, 938, 941, 943, 944, 945, 946, 947, 948, 948a, 949, 950], shall (except as otherwise provided in this subsection or by regulations of the Secretary and except that references in such Act to the employer shall be considered to refer to the trustees of the fund, as the Secretary considers appropriate and as is consistent with the provisions of [section 9501(d) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9501/d&num=0&edition=prelim)), be applicable to each operator of a coal mine in such State with respect to death or total disability due to pneumoconiosis arising out of employment in such mine, or with respect to

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 934a

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30 U.S.C. § 937 — “Fund” defined; liability of operators to United States for repayments to fund; procedures applicable; rate of interest

**(a)** For purposes of this section, the term “fund” has the meaning set forth in [section 902(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section902/h&num=0&edition=prelim). **(b)** (1) If— (A) an amount is paid out of the fund to an individual entitled to benefits under [section 932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section932&num=0&edition=prelim), and (B) the Secretary determines, under the provisions of sections 932 and 933 of this title, that an operator was required to secure the payment of all or a portion of such benefits, then the operator is liable to the United States for repayment to the fund of the amount of such benefits the payment of which is properly attributed to him plus interest thereon. No operator or representative of operators may bring any proceeding, or intervene in any proceeding, held for the purpose of determining claims for benefits to be paid by the fund, except that nothing in this section shall affect the rights, duties, or liabilities of any operator in proceedings under section 932 or [section 933 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section933&num=0&edition=prelim). In a case where no operator responsibility is assigned pursuant to sections 932 and 933 of this title, a determination by the Secretary that the fund is liable for the payment of benefits shall be final. (2) If any operator liable to the fund under paragraph (1) refuses to pay, after demand, the amount of such liability (including interest), then there shall be a lien in favor of the United States for such amount upon all property and rights to property, whether real or personal, belonging to such operator. The lien arises

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 951a — Black lung insurance program

**(a) Authorization to establish and carry out** The Secretary is authorized to establish and carry out a black lung insurance program which will enable operators of coal mines to purchase insurance covering their obligations under [section 932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section932&num=0&edition=prelim). **(b) Non-availability of other insurance coverage** The Secretary may exercise his or her authority under this section only if, and to the extent that, insurance coverage is not otherwise available, at reasonable cost, to operators of coal mines. **(c) Agreements with coal mine operators; reinsurance agreements** (1) The Secretary may enter into agreements with operators of coal mines who may be liable for the payment of benefits under [section 932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section932&num=0&edition=prelim), under which the Black Lung Compensation Insurance Fund established under subsection (a) (hereinafter in this section referred to as the “insurance fund”) shall assume all or part of the liability of such operator in return for the payment of premiums to the insurance fund, and on such terms and conditions as will fully protect the financial solvency of the insurance fund. During any period in which such agreement is in effect the operator shall be deemed in compliance with the requirements of [section 933 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section933&num=0&edition=prelim) with respect to the risks covered by such agreement. (2) The Secretary may also enter into reinsurance agreements with one or more insurers or pools of insurers under which, in return for the payment of premiums to the insurance fund

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 933 — Duties of operators in States not qualifying

Page 194 TITLE 30—MINERAL LANDS AND MINING § 933 1 So in original. Probably should be ‘‘section’’. 2 So in original. Probably should be ‘‘secretes,’’. poses of this section, the term ‘‘qualified indi- vidual’’ means such an individual, regardless of whether that individual is a hearing examiner appointed under section 3105 of title 5. Nothing in this section shall be deemed to imply that there is or is not in effect any authority for such individuals to hear and determine such claims under any provision of law other than this sec- tion. (Pub. L. 94–504, Oct. 15, 1976, 90 Stat. 2428; Pub. L. 107–275, § 2(b)(5), Nov. 2, 2002, 116 Stat. 1926.) Editorial Notes REFERENCES IN TEXT The Federal Coal Mine Health and Safety Act of 1969, referred to in text, is Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, which was renamed the Federal Mine Safety and Health Act of 1977 by Pub. L. 95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290. Parts B and C of title IV of the Federal Mine Safety and Health Act of 1977 are classified generally to part B (§ 921 et seq.) of this sub- chapter and to this part (§ 931 et seq.), respectively. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. CODIFICATION Section was not enacted as part of the Federal Mine Safety and Health Act of 1977 which comprises this chapter or the Black Lung Benefits Act which com- prises this subchapter. AMENDMENTS 2002—Pub. L. 107–275 substituted ‘‘under part B or part C’’ for ‘‘under part C’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–275 effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as a note under section 902 of this title. E

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 933

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