30 U.S.C. § 924 — Time for filing claims

Page 188 TITLE 30—MINERAL LANDS AND MINING § 924 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendments 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–119 effective Jan. 1, 1982, except as otherwise provided, see section 206(a) of Pub. L. 97–119, set out as a note under section 901 of this title. 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 section 4(f) of Pub. L. 92–303 effective Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set out as a note under section 921 of this title. EFFECTIVE DATE FOR THE APPLICATION OF SECTION 405 OF TITLE 42 Pub. L. 92–303, § 1(c)(5)(B), May 19, 1972, 86 Stat. 152, provided that: ‘‘Only section 205(b), (g), and (h) of those sections of the Social Security Act [section 405(b), (g), and (h) of Title 42, The Public Health and Welfare] re- cited in subparagraph (A) of this paragraph [amending this section] shall be effective as of the date provided in subsection (d) of this section.’’ [There is no subsec. (d) in section 1 of Pub. L. 92–303 as it was enacted. However, Senate Report No. 92–743, at page 30, refers to such a subsec. (d) applying the pro- visions of section of Pub. L. 92–303 retroactively to Dec. 30, 1969.] § 924. Time for filing claims (a) Claims filed before December 31, 1973 (1) No claim for benefits under this part on ac- count of total disability of a miner shall be con- sidered 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 para- graph shall apply, notwithstanding any other provision of this part. (A) If such claim is filed within six months fol- lowing May 1972, and if entitlement to benefits is established pursuant to such claim, such enti- tlement shall be effective retroactively from De- cember 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 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 pay- ments, 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 ef- fective for the duration of eligibility during such period. (B) If such claim is filed after six months fol- lowing May 1972, and if entitlement to benefits is established pursuant to such claim, such enti- tlement 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 pay- ments had section 922(a)(3) of this title been ap- plicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit pay- ments, but was eligible at any period of time during the period from a date twelve months preceding the date such claim is filed, to the date such claim is filed, entitlement shall be ef- fective for the duration of eligibility during such period. (C) No claim for benefits under this part, in the case of a claimant who is a child, shall be considered unless it is filed within six months after the death of his father or mother (which- ever last occurred) or by December 31, 1973, whichever is the later. (D) Any benefit under subparagraph (A) or (B) for a month prior to the month in which a claim is filed shall be reduced, to any extent that may be necessary, so that it will not render erro- neous any benefit which, before the filing of such claim, the Secretary has certified for pay- ment for such prior month. (3) No claim for benefits under this part, in the case of a claimant who is a parent, brother, or sister shall be considered unless it is filed within six months after the death of the miner or by December 31, 1973, whichever is the later. (b) Filing of claims after June 30, 1973 No benefits shall be paid under this part after December 31, 1973, if the claim therefor was filed after June 30, 1973. (c) Effective date of claims No benefits under this part shall be payable for any period prior to the date a claim therefor is filed. (d) Reduction of State benefits No benefits shall be paid under this part to the residents of any State which, after December 30, 1969, reduces the benefits payable to persons eli- gible to receive benefits under this part, under its State laws which are applicable to its gen- eral work force with regard to workmen’s com- pensation, unemployment compensation, or dis- ability insurance. (e) Conditions upon payment No benefits shall be payable to a widow, child, parent, brother, or sister under this part on ac- count of the death of a miner unless (1) benefits under this part were being paid to such miner with respect to disability due to pneumoconiosis prior to his death, (2) the death of such miner occurred prior to January 1, 1974, or (3) any such individual is entitled to benefits under para- graph (5) of section 921(c) of this title. (Pub. L. 91–173, title IV, § 414, Dec. 30, 1969, 83 Stat. 795; Pub. L. 92–303, §§ 1(c)(1), (6), 5(1)–(3), May 19, 1972, 86 Stat. 151, 152, 155; Pub. L. 95–239, § 3(b)(2), Mar. 1, 1978, 92 Stat. 97; Pub. L. 103–296, title I, § 108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(a), Nov. 2, 2002, 116 Stat. 1925.) Page 189 TITLE 30—MINERAL LANDS AND MINING § 925 Editorial Notes AMENDMENTS 2002—Subsec. (a)(2)(D). Pub. L. 107–275 substituted ‘‘Secretary’’ for ‘‘Commissioner of Social Security’’. 1994—Subsec. (a)(2)(D). Pub. L. 103–296 substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. 1978—Subsec. (e). Pub. L. 95–239 added cl. (3) relating to individuals entitled to benefits under par. (5) of sec- tion 921(c) of this title. 1972—Subsec. (a). Pub. L. 92–303, §§ 1(c)(6), 5(2), des- ignated existing provisions as par. (1) and added pars. (2) and (3), and in par. (1) substituted ‘‘1973’’ for ‘‘1972’’ wherever appearing. Subsec. (b). Pub. L. 92–303, §§ 5(1), (2), substituted ‘‘June 30, 1973’’ for ‘‘December 31, 1971’’ and ‘‘December 31, 1973’’ for ‘‘December 31, 1971’’. Subsec. (e). Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted ‘‘widow, child, parent, brother, or sister’’ for ‘‘widow’’ and ‘‘1974’’ for ‘‘1973’’. 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare. 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. § 924a. Repealed. Pub. L. 107–275, § 2(c)(2), Nov. 2, 2002, 116 Stat. 1926 Section, Pub. L. 95–239, § 11, Mar. 1, 1978, 92 Stat. 101, related to notification to miners of eligibility for med- ical services and supplies and the period for filing a claim. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as an Effective Date of 2002 Amendment note under section 902 of this title. § 925. 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 administra- tion of the benefits program is assumed by ei- ther 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 proce- dures 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, 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 Sec- retary of Labor shall, to the extent appro- priate, follow the procedures described in sub- sections (b), (c), and (d) of section 919 of title 33. (4) Any operator who has been notified of the pendency of a claim under paragraph (2) of this subsection shall be bound by the deter- mination 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 had been applicable to such operator. Nothing in this paragraph shall require any operator to pay any benefits for any month prior to January 1, 1974. (b) The Secretary of Labor may issue such reg- ulations as are necessary or appropriate to carry out the purpose of this section. (Pub. L. 91–173, title IV, § 415, as added Pub. L. 92–303, § 7, May 19, 1972, 86 Stat. 156; amended Pub. L. 97–119, title I, § 104(b)(2), Dec. 29, 1981, 95 Stat. 1639; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–296, title I, § 108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(b)(3), Nov. 2, 2002, 116 Stat. 1925.) Editorial Notes AMENDMENTS 2002—Subsec. (a)(2) to (5). Pub. L. 107–275, § 2(b)(3)(A), redesignated pars. (3) to (5) as (2) to (4), respectively, substituted ‘‘paragraph (2)’’ for ‘‘paragraph 4’’ in par. (4), and struck out former par. (2) which read as fol- lows: ‘‘The manner and place of filing such claim shall be in accordance with regulations issued jointly by the Commissioner of Social Security and the Secretary of Labor, which regulations shall provide, among other things, that such claims may be filed in district offices of the Social Security Administration and thereafter transferred to the jurisdiction of the Department of Labor for further consideration.’’ Subsec. (b). Pub. L. 107–275, § 2(b)(3)(B), struck out ‘‘, after consultation with the Commissioner of Social Security,’’ after ‘‘Secretary of Labor’’. 1994—Subsecs. (a)(2), (b). Pub. L. 103–296 substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary of Health, Education, and Welfare’’. 1986—Subsec. (a)(1). Pub. L. 99–514 substituted ‘‘Inter- nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was trans- lated as ‘‘title 26’’ thus requiring no change in text. 1981—Subsec. (a)(1). Pub. L. 97–119 substituted ‘‘sec- tion 9501(d) of title 26’’ for ‘‘section 934 of this title’’. 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare.