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

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

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

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Stable record: federal_law:legal_authorities:record_usc_ca1e29596c70fa117e201272
Source file: Laws/federal/codes/united-states-code/title-30/section-934-benefits-under-state-workmens-compensation-laws--a2853c2a64.md
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Source location: Title 30, Chapter 22, § 934; chapter-022-mine-safety-and-health.md

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**(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 pneumoconiosis, except that (i) such law shall not be required to provide such benefits where the miner’s last employment in a coal mine terminated before the Secretary’s approval of the State law pursuant to this section; and (ii) each operator of a coal mine shall secure the payment of benefits pursuant to [section 933 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section933&num=0&edition=prelim) with respect to any miner whose last employment in a coal mine terminated before the Secretary’s approval of the State law pursuant to this section; (B) the amount of such cash benefits is substantially equivalent to or greater than the amount of benefits prescribed by [section 922(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section922/a&num=0&edition=prelim); (C) the standards for determining death or total disability due to pneumoconiosis are substantially equivalent to [section 902(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section902/f&num=0&edition=prelim) and to those standards established under this part, and by the regulations of the Secretary promulgated under this part; (D) any claim for benefits on account of total disability of a miner due to pneumoconiosis is deemed to be timely filed if such claim is filed within three years after a medical determination of total disability due to pneumoconiosis; (E) there are in effect provisions with respect to prior and successor operators which are substantially equivalent to the provisions contained in [section 932(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section932/i&num=0&edition=prelim); and (F) there are applicable such other provisions, regulations or interpretations, which are consistent with the provisions contained in 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.], which are applicable under [section 932(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section932/a&num=0&edition=prelim), but are not inconsistent with any of the criteria set forth in subparagraphs (A) through (E) of this paragraph, as the Secretary, in accordance with regulations promulgated by him, determines to be necessary or appropriate to assure adequate compensation for total disability or death due to pneumoconiosis. The action of the Secretary in including or failing to include any State workmen’s compensation law on such list shall be subject to judicial review exclusively in the United States court of appeals for the circuit in which the State is located or the United States Court of Appeals for the District of Columbia. **(c) Publication in Federal Register; review of listings** Final regulations required for implementation of any amendments to this part shall be promulgated and published in the Federal Register at the earliest practicable date after the date of enactment of such amendments, and in no event later than the end of the sixth month following the month in which such amendments are enacted.

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

33 U.S.C. § 901 — Short title

This chapter may be cited as “Longshore and Harbor Workers’ Compensation Act.”

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

30 U.S.C. § 901 — Emergency shelters; construction; contents; implementation plans

The Secretary or an authorized representative of the Secretary may prescribe in any coal mine that rescue chambers, properly sealed and ventilated, be erected at suitable locations in the mine to which persons may go in case of an emergency for protection against hazards. Such chambers shall be properly equipped with first aid materials, an adequate supply of air and self-contained breathing equipment, an independent communication system to the surface, and proper accommodations for the persons while awaiting rescue, and such other equipment as the Secretary may require. A plan for the erection, maintenance, and revisions of such chambers and the training of the miners in their proper use shall be submitted by the operator to the Secretary for his approval.

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

30 U.S.C. § 921 — Congressional findings and declaration of purpose; short title

**(a)** Congress finds and declares that there are a significant number of coal miners living today who are totally disabled due to pneumoconiosis arising out of employment in one or more of the Nation’s coal mines; that there are a number of survivors of coal miners whose deaths were due to this disease; and that few States provide benefits for death or disability due to this disease to coal miners or their surviving dependents. It is, therefore, the purpose of this subchapter to provide benefits, in cooperation with the States, to coal miners who are totally disabled due to pneumoconiosis and to the surviving dependents of miners whose death was due to such disease; and to ensure that in the future adequate benefits are provided to coal miners and their dependents in the event of their death or total disability due to pneumoconiosis. **(b)** This subchapter may be cited as the “Black Lung Benefits Act”.

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

26 U.S.C. § 1 — Tax imposed

**(a) Married individuals filing joint returns and surviving spouses** There is hereby imposed on the taxable income of— (1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and (2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $36,90015% of taxable income. Over $36,900 but not over $89,150$5,535, plus 28% of the excess over $36,900. Over $89,150 but not over $140,000$20,165, plus 31% of the excess over $89,150. Over $140,000 but not over $250,000$35,928.50, plus 36% of the excess over $140,000. Over $250,000$75,528.50, plus 39.6% of the excess over $250,000. **(b) Heads of households** There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $29,60015% of taxable income. Over $29,600 but not over $76,400$4,440, plus 28% of the excess over $29,600. Over $76,400 but not over $127,500$17,544, plus 31% of the excess over $76,400. Over $127,500 but not over $250,000$33,385, plus 36% of the excess over $127,500. Over $250,000$77,485, plus 39.6% of the excess over $250,000. **(c) Unmarried individuals (other than surviving spouses and heads of households)** There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $22,10015% of taxable income. Over $22,100 but not over $53,50

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 1

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

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

30 U.S.C. § 934 — ‘‘Fund’’ defined; liability of operators to

Page 195 TITLE 30—MINERAL LANDS AND MINING § 934 Stat. 153; Pub. L. 95–239, § 8, Mar. 1, 1978, 92 Stat. 100.) Editorial Notes AMENDMENTS 1978—Subsec. (d). Pub. L. 95–239 added subsec. (d). 1972—Subsec. (a). Pub. L. 92–303 substituted ‘‘a coal mine’’ for ‘‘an underground coal mine’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–239 effective Mar. 1, 1978, see section 20(a) of Pub. L. 95–239, set out as a note under section 901 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–303 effective Dec. 30, 1969, see section 3(c) of Pub. L. 92–303, set out as a note under section 901 of this title. § 934. ‘‘Fund’’ defined; liability of operators to United States for repayments to fund; proce- dures 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. (b)(1) If— (A) an amount is paid out of the fund to an individual entitled to benefits under section 932 of this title, and (B) the Secretary determines, under the pro- visions 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 at- tributed to him plus interest thereon. No oper- ator 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 pro- ceedings under section 932 or section 933 of this title. In a case where no

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

33 U.S.C. § 901 — Short title

Page 277 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 901 (c) Privacy protection In preparing and submitting a report under subsection (a), the Secretary shall ensure that no individual involved in an alleged sexual as- sault can be identified by the contents of the re- port. (Pub. L. 114–328, div. C, title XXXV, § 3548, for- merly § 3546, Dec. 23, 2016, 130 Stat. 2804; renum- bered § 3548, Pub. L. 116–259, title V, § 504(b)(1), Dec. 23, 2020, 134 Stat. 1180.) § 894f. Sexual assault defined In this subchapter, the term ‘‘sexual assault’’ shall have the meaning given such term in sec- tion 12291(a) of title 34. (Pub. L. 114–328, div. C, title XXXV, § 3549, for- merly § 3547, Dec. 23, 2016, 130 Stat. 2805; renum- bered § 3549, Pub. L. 116–259, title V, § 504(b)(1), Dec. 23, 2020, 134 Stat. 1180.) CHAPTER 18—LONGSHORE AND HARBOR WORKERS’ COMPENSATION Sec. 901. Short title. 902. Definitions. 903. Coverage. 904. Liability for compensation. 905. Exclusiveness of liability. 906. Compensation. 907. Medical services and supplies. 908. Compensation for disability. 909. Compensation for death. 910. Determination of pay. 911. Guardian for minor or incompetent. 912. Notice of injury or death. 913. Filing of claims. 914. Payment of compensation. 915. Invalid agreements. 916. Assignment and exemption from claims of creditors. 917. Lien against compensation. 918. Collection of defaulted payments; special fund. 919. Procedure in respect of claims. 920. Presumptions. 921. Review of compensation orders. 921a. Appearance of attorneys for Secretary, dep- uty commissioner, or Board. 922. Modification of awards. 923. Procedure before deputy commissioner or Board. 924. Witnesses. 925. Witness fees. 926. Costs in proceedings bro

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