30 U.S.C. § 925 — Procedure for the determination of claims

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 Repealed.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. Page 190 TITLE 30—MINERAL LANDS AND MINING § 931 1 So in original. The period probably should be a comma. PART C—CLAIMS FOR BENEFITS AFTER DECEMBER 31, 1973 § 931. Benefits under State workmen’s compensa- tion 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, broth- ers, or sisters, as the case may be, are not cov- ered by a State workmen’s compensation law which provides adequate coverage for pneumo- coniosis, and in any case in which benefits based upon eligibility under paragraph (5) of section 921(c) of this title are involved.1 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 work- men’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 appro- priate to reflect changes in such State laws due to legislation or judicial or administrative in- terpretation. (2) The Secretary shall include a State work- men’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, ex- cept 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 pur- suant to this section; and (ii) each operator of a coal mine shall secure the payment of bene- fits pursuant to section 933 of this title with respect to any miner whose last employment in a coal mine terminated before the Sec- retary’s approval of the State law pursuant to this section; (B) the amount of such cash benefits is sub- stantially equivalent to or greater than the amount of benefits prescribed by section 922(a) of this title; (C) the standards for determining death or total disability due to pneumoconiosis are substantially equivalent to section 902(f) of this title 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 pneumo- coniosis is deemed to be timely filed if such claim is filed within three years after a med- ical determination of total disability due to pneumoconiosis; (E) there are in effect provisions with re- spect to prior and successor operators which are substantially equivalent to the provisions contained in section 932(i) of this title; and (F) there are applicable such other provi- sions, 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 et seq.], which are applicable under section 932(a) of this title, but are not inconsistent with any of the criteria set forth in subpara- graphs (A) through (E) of this paragraph, as the Secretary, in accordance with regulations promulgated by him, determines to be nec- essary or appropriate to assure adequate com- pensation for total disability or death due to pneumoconiosis. The action of the Secretary in including or fail- ing to include any State workmen’s compensa- tion 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 lo- cated 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 promul- gated and published in the Federal Register at the earliest practicable date after the date of en- actment of such amendments, and in no event later than the end of the sixth month following the month in which such amendments are en- acted. (Pub. L. 91–173, title IV, § 421, Dec. 30, 1969, 83 Stat. 795; Pub. L. 92–303, §§ 1(c)(1), 4(e), 5(3), (5), May 19, 1972, 86 Stat. 151, 154, 155; Pub. L. 95–239, §§ 3(b)(3), 6, Mar. 1, 1978, 92 Stat. 97, 98.) Editorial Notes REFERENCES IN TEXT Public Law 803, 69th Congress, referred to in subsec. (b)(2)(F), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, popu- larly known as the Longshore and Harbor Workers’ Compensation Act, which is classified generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation and Nav- igable Waters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables. AMENDMENTS 1978—Subsec. (a). Pub. L. 95–239, § 3(b)(3), inserted ref- erence to cases in which benefits based upon eligibility under par. (5) of section 921(c) of this title are involved. Subsec. (b)(2)(A). Pub. L. 95–239, § 6(a), added the ex- ceptions set out in cls. (i) and (ii). Subsec. (b)(2)(C). Pub. L. 95–239, § 6(b), substituted ‘‘established under this part, and by the regulations of the Secretary promulgated under this part’’ for ‘‘estab- lished under part B of this subchapter, and by the regu- lations of the Secretary of Health, Education, and Wel- fare promulgated thereunder’’. Subsec. (b)(2)(D). Pub. L. 95–239, § 6(c), substituted ‘‘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 dis- ability due to pneumoconiosis’’ for ‘‘total disability or death of a miner due to pneumoconiosis is deemed to be timely filed if such claim is filed within three years of