Title 30 — Mineral Lands and Mining
Part B · Chapter 22 — Mine Safety and Health
§ 922. Payment of benefits
Statutory text
Schedules
Subject to the provisions of subsection (b) of this section, benefit payments shall be made by the Secretary under this part as follows:
In the case of total disability of a miner due to pneumoconiosis, the disabled miner shall be paid benefits during the disability at a rate equal to 37½ per centum of the monthly pay rate for Federal employees in grade GS–2, step 1.
In the case of death of a miner due to pneumoconiosis or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a miner receiving benefits under this part, benefits shall be paid to his widow (if any) at the rate the deceased miner would receive such benefits if he were totally disabled.
In the case of the child or children of a miner whose death is due to pneumoconiosis or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a miner who is receiving benefits under this part at the time of his death or who was totally disabled by pneumoconiosis at the time of his death, in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, and in the case of any child or children entitled to the payment of benefits under paragraph (5) of section 921(c) of this title, benefits shall be paid to such child or children as follows: If there is one such child, he shall be paid benefits at the rate specified in paragraph (1). If there is more than one such child, the benefits paid shall be divided equally among them and shall be paid at a rate equal to the rate specified in paragraph (1), increased by 50 per centum of such rate if there are two such children, by 75 per centum of such rate if there are three such children, and by 100 per centum of such rate if there are more than three such children: Provided, That benefits shall only be paid to a child for so long as he meets the criteria for the term “child” contained in section 902(g) of this title: And provided further, That no entitlement to benefits as a child shall be established under this paragraph (3) for any month for which entitlement to benefits as a widow is established under paragraph (2).
In the case of an individual entitled to benefit payments under clause (1) or (2) of this subsection who has one or more dependents, the benefit payments shall be increased at the rate of 50 per centum of such benefit payments, if such individual has one dependent, 75 per centum if such individual has two dependents, and 100 per centum if such individual has three or more dependents.
In the case of the dependent parent or parents of a miner whose death is due to pneumoconiosis, or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a miner who is receiving benefits under this part at the time of his death or who was totally disabled by pneumoconiosis at the time of death, and who is not survived at the time of his death by a widow or a child, in the case of the dependent surviving brother(s) or sister(s) of such a miner who is not survived at the time of his death by a widow, child, or parent, in the case of the dependent parent or parents of a miner (who is not survived at the time of his or her death by a widow or a child) who are entitled to the payment of benefits under paragraph (5) of section 921(c) of this title, or in the case of the dependent surviving brother(s) or sister(s) of a miner (who is not survived at the time of his or her death by a widow, child, or parent) who are entitled to the payment of benefits under paragraph (5) of section 921(c) of this title, benefits shall be paid under this part to such parent(s), or to such brother(s), or sister(s), at the rate specified in paragraph (3) (as if such parent(s) or such brother(s) or sister(s), were the children of such miner). In determining for purposes of this paragraph whether a claimant bears the relationship as the miner’s parent, brother, or sister, the Secretary shall apply legal standards consistent with those applicable to relationship determination under title II of the Social Security Act [42 U.S.C. 401 et seq.]. No benefits to a sister or brother shall be payable under this paragraph for any month beginning with the month in which he or she receives support from his or her spouse, or marries. Benefits shall be payable under this paragraph to a brother only if he is—
under eighteen years of age, or
under a disability as defined in section 223(d) of the Social Security Act [42 U.S.C. 423(d)] which began before the age specified in section 202(d)(1)(B)(ii) of such Act [42 U.S.C. 402(d)(1)(B)(ii)], or in the case of a student, before he ceased to be a student, or
a student as defined in section 902(g) of this title; or
who is, at the time of the miner’s death, disabled as determined in accordance with section 223(d) of the Social Security Act [42 U.S.C. 423(d)], during such disability. Any benefit under this paragraph for a month prior to the month in which a claim for such benefit is filed shall be reduced to any extent that may be necessary, so that it will not render erroneous any benefit which, before the filing of such claim, the Secretary has certified for payment for such prior months. As used in this paragraph, “dependent” means that during the one year period prior to and ending with such miner’s death, such parent, brother, or sister was living in the miner’s household, and was, during such period, totally dependent on the miner for support. Proof of such support shall be filed by such claimant within two years after May 1972, or within two years after the miner’s death, whichever is the later. Any such proof which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof within such period. The determination of what constitutes “living in the miner’s household”, “totally dependent upon the miner for support,” and “good cause,” shall for purposes of this paragraph be made in accordance with regulations of the Secretary. Benefit payments under this paragraph to a parent, brother, or sister, shall be reduced by the amount by which such payments would be reduced on account of excess earnings of such parent, brother, or sister, respectively, under section 203(b)–(l) of the Social Security Act [42 U.S.C. 403(b)–(l)], as if the benefit under this paragraph were a benefit under section 202 of such Act [42 U.S.C. 402].
If an individual’s benefits would be increased under paragraph (4) of this subsection because he or she has one or more dependents, and it appears to the Secretary that it would be in the interest of any such dependent to have the amount of such increase in benefits (to the extent attributable to such dependent) certified to a person other than such individual, then the Secretary may, under regulations prescribed by him, certify the amount of such increase in benefits (to the extent so attributable) not to such individual but directly to such dependent or to another person for the use and benefit of such dependent; and any payment made under this clause, if otherwise valid under this subchapter, shall be a complete settlement and satisfaction of all claims, rights, and interests in and to such payment.
Reduction of benefits
Notwithstanding subsection (a), benefit payments under this section to a miner or his widow, child, parent, brother, or sister shall be reduced, on a monthly or other appropriate basis, by an amount equal to any payment received by such miner or his widow, child, parent, brother, or sister under the workmen’s compensation, unemployment compensation, or disability insurance laws of his State on account of the disability of such miner due to pneumoconiosis, and the amount by which such payment would be reduced on account of excess earnings of such miner under section 203(b) through (l) of the Social Security Act [42 U.S.C. 403(b) to (l)] if the amount paid were a benefit payable under section 202 of such Act [42 U.S.C. 402]. This part shall not be considered a workmen’s compensation law or plan for purposes of section 224 of such Act [42 U.S.C. 424a].
Reporting of income
Benefits payable under this part shall be deemed not to be income for purposes of the Internal Revenue Code of 1986.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Federal Coal Mine Health and Safety Act of 1969
Pub. L. 91–173 title IV § 412 · 83 Stat. 742
Enacted · 30 U.S.C. § 922
Pub. L. 91–173, title IV, § 412, Dec. 30, 1969, 83 Stat. 794
Source evidence
Code source credit
Pub. L. 91–173, title IV, § 412, Dec. 30, 1969, 83 Stat. 794Enacted provision · exact public law section
Sec. 412. (a) Subject to the provisions of subsection (b) of this section, benefit payments shall be made by the Secretary under this part as follows: (1) In the case of total disability of a miner due to pneumoconiosis, the disabled miner shall be paid benefits during the disability at a rate equal to 50 per centum of the minimum monthly payment to which a 5 USC 5332 note. 80 Stat. 532. 5 USC 8101–8193. Federal employee in grade GS–2, who is totally disabled, is entitled at the time of payment under chapter 81 of title 5, United States Code. (2) In the case of death of a miner due to pneumoconiosis or of a miner receiving benefits under this part, benefits shall be paid to his widow (if any) at the rate the deceased miner would receive such benefits if he were totally disabled. (3) In the case of an individual entitled to benefit payments under clause (1) or (2) of this subsection who has one or more dependents the benefit payments shall be increased at the rate of 50 per centum of such benefit payments, if such individual has one dependent, 75 per centum if such individual has two dependents, and 100 per centum if such individual has three or more dependents. (b) Notwithstanding subsection (a), benefit payments under this section to a miner or his widow shall be reduced, on a monthly or other appropriate basis, by an amount equal to any payment received by such miner or his widow under the workmen’s compensation, unemployment compensation, or disability insurance laws of his State on account of the disability of such miner, and the amount by which such payment would he reduced on account of excess earnings of such 42 USC 403. miner under section 203 (b) through (1) of the Social Security Act if 42 USC 402. the amount paid were a benefit payable under section 202 of such Act. (c) Benefits payable under this part shall be deemed not to be 68A Stat. 3. 26 USC 1 et seq. income for purposes of the Internal Revenue Code of 1954.Black Lung Benefits Act of 1972
Pub. L. 92–303 § 1(b)(1) · 86 Stat. 150
Added · 30 U.S.C. § 922(a)(3); 30 U.S.C. § 922(a)(4)
Pub. L. 92–303, § 1(b)(1), added par. (3)
Redesignated · 30 U.S.C. § 922(a)(3); 30 U.S.C. § 922(a)(4)
Pub. L. 92–303, § 1(b)(1), redesignated former par. (3) as par. (4)
Source evidence
Code amendment note
Subsec. (a)(3), (4). Pub. L. 92–303, § 1(b)(1), added par. (3) and redesignated former par. (3) as par. (4).Enacted provision · exact public law section
(1) Section 412(a) of the Federal Coal Mine Health and Safety Act of I960 is amended by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph: “(3) In the ease of the child or children of a miner whose death is due to pneumoconiosis or of a miner who is receiving benefits under this part at the time of his death, or who was totally disabled by pneumoconiosis at the time of his death, and in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, benefits shall be paid to such child or children as follows: If there is one such child, he shall be paid benefits at the rate specified in paragraph (1). If there is more than one such child, the benefits paid shall be divided equally among them and shall be paid at a rate equal to the rate specified in paragraph (1), increased by 50 per centum of such rate if there are two such children, by 75 per centum of such rate if there are three such children, and by 100 per centum of such rate if there are more than three such children: Provided, That benefits shall only be paid to a child for so long as Post, p. 152. he meets the criteria for the term ‘child’ contained in section 402(g): And provided further, That no entitlement to benefits as a child shall be established under this paragraph (3) for any month for which entitlement to benefits as a widow is established under paragraph (2).”Black Lung Benefits Act of 1972
Pub. L. 92–303 § 1(b)(2) · 86 Stat. 150
Added · 30 U.S.C. § 922(a)(5); 30 U.S.C. § 922(a)(6)
Pub. L. 92–303, § 1(b)(2), added pars. (5) and (6)
Source evidence
Code amendment note
Subsec. (a)(5), (6). Pub. L. 92–303, § 1(b)(2), added pars. (5) and (6).Enacted provision · exact public law section
(1) Section 412(a) of the Federal Coal Mine Health and Safety Act of I960 is amended by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph: “(3) In the ease of the child or children of a miner whose death is due to pneumoconiosis or of a miner who is receiving benefits under this part at the time of his death, or who was totally disabled by pneumoconiosis at the time of his death, and in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, benefits shall be paid to such child or children as follows: If there is one such child, he shall be paid benefits at the rate specified in paragraph (1). If there is more than one such child, the benefits paid shall be divided equally among them and shall be paid at a rate equal to the rate specified in paragraph (1), increased by 50 per centum of such rate if there are two such children, by 75 per centum of such rate if there are three such children, and by 100 per centum of such rate if there are more than three such children: Provided, That benefits shall only be paid to a child for so long as Post, p. 152. he meets the criteria for the term ‘child’ contained in section 402(g): And provided further, That no entitlement to benefits as a child shall be established under this paragraph (3) for any month for which entitlement to benefits as a widow is established under paragraph (2).”Black Lung Benefits Act of 1972
Pub. L. 92–303 · 86 Stat. 150
Substituted · 30 U.S.C. § 922(b)
Pub. L. 92–303, §§ 1(c)(1), 2(a), substituted “widow, child, parent, brother, or sister” for “widow” wherever appearing
Inserted · 30 U.S.C. § 922(b)
Pub. L. 92–303, §§ 1(c)(1), 2(a), inserted provision that this part would not be considered as a workmen’s compensation law or plan for purposes of section 224 of such Act
Source evidence
Code amendment note
Subsec. (b). Pub. L. 92–303, §§ 1(c)(1), 2(a), substituted “widow, child, parent, brother, or sister” for “widow” wherever appearing, and inserted provision that this part would not be considered as a workmen’s compensation law or plan for purposes of section 224 of such Act.Pub. L. 95–239 § 3(b)(1)(A) · 92 Stat. 95
Inserted · 30 U.S.C. § 922(a)(3)
Pub. L. 95–239, § 3(b)(1)(A), inserted reference to any child or children entitled to the payment of benefits under paragraph (5) of section 921(c) of this title
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 95–239, § 3(b)(1)(A), inserted reference to any child or children entitled to the payment of benefits under paragraph (5) of section 921(c) of this title.Enacted provision · exact public law section
(A) Section 412(a)(3) of the Act is amended by striking out “and” the first place it appears therein, and by inserting after “the time of her death,” the following: “and in the case of any child or children entitled to the payment of benefits under paragraph (5) of Supra. section 411(c),”.Pub. L. 95–239 § 3(b)(1)(B) · 92 Stat. 95
Inserted · 30 U.S.C. § 922(a)(5)
Pub. L. 95–239, § 3(b)(1)(B), inserted references to the payment of benefits under par. (5) of section 921(c) of this title
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 95–239, § 3(b)(1)(B), inserted references to the payment of benefits under par. (5) of section 921(c) of this title.Enacted provision · exact public law section
(B) The first sentence of section 412(a)(5) of the Act is amended— (i) by striking out “or” the fifth place it appears therein; and (ii) by inserting after “child, or parent,” the following: “in the case of the dependent parent or parents of a miner (who is not survived at the time of his or her death by a widow or a child) who are entitled to the payment of benefits under paragraph (5) of section 411 (c), or in the case of the dependent surviving brother(s) or sister(s) of a miner (who is not survived at the time of his or her death by a widow, child, or parent) who are entitled to the payment of benefits under paragraph (5) of section 411(c),”.Pub. L. 95–239 § 4 · 92 Stat. 95
Substituted · 30 U.S.C. § 922(b)
Pub. L. 95–239, § 4, substituted “on account of the disability of such miner due to pneumoconiosis” for “on account of the disability of such miner”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–239, § 4, substituted “on account of the disability of such miner due to pneumoconiosis” for “on account of the disability of such miner”.Enacted provision · exact public law section
Sec. 4. offset limitation The first sentence of section 412(b) of the Act is amended 30 USC 922. by inserting after “disability of such miner” the following: “due to pneumoconiosis”.Pub. L. 97–119 § 203(d) · 95 Stat. 1635
Substituted · 30 U.S.C. § 922(a)(1)
Pub. L. 97–119, § 203(d), substituted “37½ per centum of the monthly pay rate for Federal employees in grade GS–2, step 1” for “50 per centum of the minimum monthly payment to which a Federal employee in grade GS–2, who is totally disabled, is entitled at the time of payment under chapter 81 of title 5”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 97–119, § 203(d), substituted “37½ per centum of the monthly pay rate for Federal employees in grade GS–2, step 1” for “50 per centum of the minimum monthly payment to which a Federal employee in grade GS–2, who is totally disabled, is entitled at the time of payment under chapter 81 of title 5”.Enacted provision · exact public law section
(d) Paragraph (1) of subsection (a) of section 412 is amended by deleting the phrase “50 per centum of the minimum monthly payment 5 USC 5332 note. to which a Federal employee in grade GS-2, who is totally disabled, is entitled at the time of payment under chapter 81 of title 5, 5 USC 8101 et seq. United States Code” and inserting in lieu thereof the phrase “37 1/2 per centum of the monthly pay rate for Federal employees in grade GS-2, step 1”.Pub. L. 97–119 § 203(a)(1) · 95 Stat. 1635
Inserted · 30 U.S.C. § 922(a)(2)
Pub. L. 97–119, § 203(a)(1), inserted “, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Amendments of 1981,” after “pneumoconiosis or”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 97–119, § 203(a)(1), inserted “, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Amendments of 1981,” after “pneumoconiosis or”.Enacted provision · exact public law section
(1) Section 412(a)(2) is amended by inserting immediately 30 USC 922. after the word “or” a comma and the following: “except with respect to a claim filed under part C of this title on or after the 30 USC 931. effective date of the Black Lung Benefits Amendments of 1981,”.Pub. L. 97–119 § 203(a)(2) · 95 Stat. 1635
Inserted · 30 U.S.C. § 922(a)(3)
Pub. L. 97–119, § 203(a)(2), inserted “, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981,” after “pneumoconiosis or”
Substituted · 30 U.S.C. § 922(a)(3)
Pub. L. 97–119, § 203(a)(2), substituted “time of his death or” for “time of his death, or”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 97–119, § 203(a)(2), inserted “, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981,” after “pneumoconiosis or” and substituted “time of his death or” for “time of his death, or”.Enacted provision · exact public law section
(2) Section 412(a)(3) is amended by striking the first comma therein, and by inserting immediately after the word “or” the second time it appears therein a comma and the following: “except with respect to a 30 USC 931. claim filed under part C of this title on or after the effective date of the Black Lung Benefits Amendments of 1981,”.Pub. L. 97–119 § 203(a)(3) · 95 Stat. 1635
Inserted · 30 U.S.C. § 922(a)(5)
Pub. L. 97–119, § 203(a)(3), inserted “, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981,” after “pneumoconiosis, or”
Substituted · 30 U.S.C. § 922(a)(5)
Pub. L. 97–119, § 203(a)(3), substituted “time of his death or who was totally” for “time of his death, or of a miner who was totally”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 97–119, § 203(a)(3), inserted “, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981,” after “pneumoconiosis, or” and substituted “time of his death or who was totally” for “time of his death, or of a miner who was totally”.Enacted provision · exact public law section
(3) Section 412(a)(5) is amended by striking out the second comma therein, by striking out the phrase “of a miner” the third time it appears therein, and by inserting immediately after the word “or” the second time it appears therein a comma and the following: “except with respect to a claim filed under part C of this title on or after the effective date of the Black Lung Benefits Amendments of 1981,”.Tax Reform Act of 1986
Pub. L. 99–514 § 2 · 100 Stat. 2085
Substituted · 30 U.S.C. § 922(c)
Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.Enacted provision · exact public law section
SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.Pub. L. 103–296 title I § 108(i)(2) · 108 Stat. 1464
Substituted · 30 U.S.C. § 922(a)
Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary” wherever appearing.Enacted provision · exact public law section
SEC. 108. ADDITIONAL CONFORMING AMENDMENTS. (a) Amendments to Title VII.— (1) Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended by adding at the end the following new section:Black Lung Consolidation of Administrative Responsibility Act
Pub. L. 107–275 § 2(a) · 116 Stat. 1925
Substituted · 30 U.S.C. § 922(a)
Pub. L. 107–275 substituted “Secretary” for “Commissioner of Social Security” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–275 substituted “Secretary” for “Commissioner of Social Security” wherever appearing.Enacted provision · exact public law section
(a) In General.— Part B of the Black Lung Benefits Act (30 U.S.C. 921 et seq.) other than section 415(b) (30 U.S.C. 925(b)) is amended by striking “Commissioner of Social Security” each place such term appears and inserting “Secretary”.Effective date note
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.
16 of 18 references resolved to an enrolled provision · 2 partial
Editorial Notes
References in Text
Grade GS–2, referred to in subsec. (a)(1), is contained in the General Schedule which is set out under section 5332 of Title 5, Government Organization and Employees.
The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsec. (a)(2), (3), and (5), is , except as otherwise provided. See section 206(a) of Pub. L. 97–119, set out as an Effective Date of 1981 Amendment note under section 901 of this title.
The Social Security Act, referred to in subsec. (a)(5), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of that Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Internal Revenue Code of 1986, referred to in subsec. (c), is classified to Title 26, Internal Revenue Code.
Amendments1972–2002 · 6 rounds
2002
Subsec. (a). Pub. L. 107–275 substituted “Secretary” for “Commissioner of Social Security” wherever appearing.
1994
Subsec. (a). Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
1986
Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
1981
Subsec. (a)(1). Pub. L. 97–119, § 203(d), substituted “37½ per centum of the monthly pay rate for Federal employees in grade GS–2, step 1” for “50 per centum of the minimum monthly payment to which a Federal employee in grade GS–2, who is totally disabled, is entitled at the time of payment under chapter 81 of title 5”.
Subsec. (a)(2). Pub. L. 97–119, § 203(a)(1), inserted “, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Amendments of 1981,” after “pneumoconiosis or”.
Subsec. (a)(3). Pub. L. 97–119, § 203(a)(2), inserted “, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981,” after “pneumoconiosis or” and substituted “time of his death or” for “time of his death, or”.
Subsec. (a)(5). Pub. L. 97–119, § 203(a)(3), inserted “, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981,” after “pneumoconiosis, or” and substituted “time of his death or who was totally” for “time of his death, or of a miner who was totally”.
1978
Subsec. (a)(3). Pub. L. 95–239, § 3(b)(1)(A), inserted reference to any child or children entitled to the payment of benefits under paragraph (5) of section 921(c) of this title.
Subsec. (a)(5). Pub. L. 95–239, § 3(b)(1)(B), inserted references to the payment of benefits under par. (5) of section 921(c) of this title.
Subsec. (b). Pub. L. 95–239, § 4, substituted “on account of the disability of such miner due to pneumoconiosis” for “on account of the disability of such miner”.
1972
Subsec. (a)(3), (4). Pub. L. 92–303, § 1(b)(1), added par. (3) and redesignated former par. (3) as par. (4).
Subsec. (a)(5), (6). Pub. L. 92–303, § 1(b)(2), added pars. (5) and (6).
Subsec. (b). Pub. L. 92–303, §§ 1(c)(1), 2(a), substituted “widow, child, parent, brother, or sister” for “widow” wherever appearing, and inserted provision that this part would not be considered as a workmen’s compensation law or plan for purposes of section 224 of such Act.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–275 effective 90 days after , 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 , 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 , 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 , 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
Pub. L. 92–303, § 2(b), , 86 Stat. 153, provided that: “The amendment made by this section [amending this section] shall be effective as of .”
Calculation of Monthly Benefit Payments
Pub. L. 103–333, title V, § 512, , 108 Stat. 2573, provided that: “Notwithstanding any other provision of law, monthly benefit rates during fiscal year 1995 and thereafter under part B or part C of the Black Lung Benefits Act [30 U.S.C. 921 et seq., 931 et seq.] shall continue to be based on the benefit rates in effect in September, 1994 and be paid in accordance with the Act, until exceeded by the benefit rate specified in section 412(a)(1) of the Act [30 U.S.C. 922(a)(1)].”
Pub. L. 103–112, title V, § 508(a), , 107 Stat. 1113, provided that: “Notwithstanding any other provision of law, monthly benefit payments under part B or part C of the Black Lung Benefits Act [30 U.S.C. 921 et seq., 931 et seq.] for months after December 1993 and before October 1994 shall be calculated as though the provisions of Federal law prescribing pay rates for Federal employees continued in effect, without amendment to or limitation of such provisions, after January 1993.”
Credits
1969–2002 · 7 acts
- 1969Pub. L. 91–173, title IV, § 412, , 83 Stat. 794
- 1972Pub. L. 92–303, §§ 1(b)(1), (2), (c)(1), 2(a), , 86 Stat. 150, 151, 153
- 1978Pub. L. 95–239, §§ 3(b)(1), 4, , 92 Stat. 96, 97
- 1981Pub. L. 97–119, title II, § 203(a)(1)–(3), (d), , 95 Stat. 1643, 1644
- 1986Pub. L. 99–514, § 2, , 100 Stat. 2095
- 1994Pub. L. 103–296, title I, § 108(i)(2), , 108 Stat. 1488
- 2002Pub. L. 107–275, § 2(a), , 116 Stat. 1925.
Show as published
(Pub. L. 91–173, title IV, § 412, , 83 Stat. 794; Pub. L. 92–303, §§ 1(b)(1), (2), (c)(1), 2(a), , 86 Stat. 150, 151, 153; Pub. L. 95–239, §§ 3(b)(1), 4, , 92 Stat. 96, 97; Pub. L. 97–119, title II, § 203(a)(1)–(3), (d), , 95 Stat. 1643, 1644; Pub. L. 99–514, § 2, , 100 Stat. 2095; Pub. L. 103–296, title I, § 108(i)(2), , 108 Stat. 1488; Pub. L. 107–275, § 2(a), , 116 Stat. 1925.)