Title 30 — Mineral Lands and Mining
Part B · Chapter 22 — Mine Safety and Health
§ 924. Time for filing claims
Statutory text
Claims filed before
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 , or, in the case of a claimant who is a widow, within six months after the death of her husband or by , whichever is the later.
In the case of a claim by a child this paragraph shall apply, notwithstanding any other provision of this part.
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 , 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 , 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 , to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period.
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 been applicable since , 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 a date twelve months preceding the date such claim is filed, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period.
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 (whichever last occurred) or by , whichever is the later.
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 erroneous any benefit which, before the filing of such claim, the Secretary has certified for payment for such prior month.
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 , whichever is the later.
Filing of claims after
No benefits shall be paid under this part after , if the claim therefor was filed after .
Effective date of claims
No benefits under this part shall be payable for any period prior to the date a claim therefor is filed.
Reduction of State benefits
No benefits shall be paid under this part to the residents of any State which, after , reduces the benefits payable to persons eligible to receive benefits under this part, under its State laws which are applicable to its general work force with regard to workmen’s compensation, unemployment compensation, or disability insurance.
Conditions upon payment
No benefits shall be payable to a widow, child, parent, brother, or sister under this part on account 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 , or (3) any such individual is entitled to benefits under paragraph (5) of section 921(c) of this title.
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 § 414 · 83 Stat. 742
Enacted · 30 U.S.C. § 924
Pub. L. 91–173, title IV, § 414, Dec. 30, 1969, 83 Stat. 795
Source evidence
Code source credit
Pub. L. 91–173, title IV, § 414, Dec. 30, 1969, 83 Stat. 795Enacted provision · exact public law section
Sec. 414. (a) 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, 1972, or, in the case of a claimant who is a widow, within six months after the death of her husband or by December 31, 1972, whichever is the later. (b) No benefits shall be paid under this part after December 31, 1972, if the claim therefor was filed after December 31, 1971. (c) No benefits under this part shall be payable for any period prior to the date a claim therefor is filed. (d) No benefits shall be paid under this part to the residents of any State which, after the date of enactment of this Act, reduces the benefits payable to persons eligible to receive benefits under this part, under its State laws which are applicable to its general work force with regard to workmen’s compensation, unemployment compensation, or disability insurance. (e) No benefits shall be payable to a widow under this part on account 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, or (2) the death of such miner occurred prior to January 1, 1973.Black Lung Benefits Act of 1972
Pub. L. 92–303 · 86 Stat. 150
Amended · 30 U.S.C. § 924(a)
Pub. L. 92–303, §§ 1(c)(6), 5(2), designated existing provisions as par. (1)
Substituted · 30 U.S.C. § 924(a)
Pub. L. 92–303, §§ 1(c)(6), 5(2), added pars. (2) and (3), and in par. (1) substituted “1973” for “1972” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 92–303, §§ 1(c)(6), 5(2), designated existing provisions as par. (1) and added pars. (2) and (3), and in par. (1) substituted “1973” for “1972” wherever appearing.Black Lung Benefits Act of 1972
Pub. L. 92–303 · 86 Stat. 150
Substituted · 30 U.S.C. § 924(b)
Pub. L. 92–303, §§ 5(1), (2), substituted “June 30, 1973” for “December 31, 1971”
Substituted · 30 U.S.C. § 924(b)
Pub. L. 92–303, §§ 5(1), (2), substituted “December 31, 1973” for “December 31, 1971”
Source evidence
Code amendment note
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”.Black Lung Benefits Act of 1972
Pub. L. 92–303 · 86 Stat. 150
Substituted · 30 U.S.C. § 924(e)
Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted “widow, child, parent, brother, or sister” for “widow”
Substituted · 30 U.S.C. § 924(e)
Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted “1974” for “1973”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted “widow, child, parent, brother, or sister” for “widow” and “1974” for “1973”.Pub. L. 95–239 § 3(b)(2) · 92 Stat. 95
Added · 30 U.S.C. § 924(e)
Pub. L. 95–239 added cl. (3) relating to individuals entitled to benefits under par. (5) of section 921(c) of this title
Source evidence
Code amendment note
Subsec. (e). Pub. L. 95–239 added cl. (3) relating to individuals entitled to benefits under par. (5) of section 921(c) of this title.Enacted provision · exact public law section
(2) Section 414(e) of the Act is amended by striking out “or” the 30 USC 924. second place it appears therein and by striking out the period at the end thereof and inserting in lieu thereof the following: “, or (3) any such individual is entitled to benefits under paragraph (5) of section 411(c).”. Ante, p. 96.Pub. L. 103–296 title I § 108(i)(2) · 108 Stat. 1464
Substituted · 30 U.S.C. § 924(a)(2)(D)
Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary”
Source evidence
Code amendment note
Subsec. (a)(2)(D). Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary”.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. § 924(a)(2)(D)
Pub. L. 107–275 substituted “Secretary” for “Commissioner of Social Security”
Source evidence
Code amendment note
Subsec. (a)(2)(D). Pub. L. 107–275 substituted “Secretary” for “Commissioner of Social Security”.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.
4 of 10 references resolved to an enrolled provision · 6 partial
Editorial Notes
Amendments1972–2002 · 4 rounds
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 section 921(c) of this title.
1972
Subsec. (a). Pub. L. 92–303, §§ 1(c)(6), 5(2), designated 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 “” for “” and “” for “”.
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 , 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 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.
Credits
1969–2002 · 5 acts
- 1969Pub. L. 91–173, title IV, § 414, , 83 Stat. 795
- 1972Pub. L. 92–303, §§ 1(c)(1), (6), 5(1)–(3), , 86 Stat. 151, 152, 155
- 1978Pub. L. 95–239, § 3(b)(2), , 92 Stat. 97
- 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, § 414, , 83 Stat. 795; Pub. L. 92–303, §§ 1(c)(1), (6), 5(1)–(3), , 86 Stat. 151, 152, 155; Pub. L. 95–239, § 3(b)(2), , 92 Stat. 97; Pub. L. 103–296, title I, § 108(i)(2), , 108 Stat. 1488; Pub. L. 107–275, § 2(a), , 116 Stat. 1925.)