§ 931. Benefits under State workmen’s compensation laws

Footnotes

1. 1 So in original. The period probably should be a comma.

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.

1. 1969

   Federal Coal Mine Health and Safety Act of 1969

   Pub. L. 91–173 title IV § 421 · 83 Stat. 742

   Enacted · 30 U.S.C. § 931

   Pub. L. 91–173, title IV, § 421, Dec. 30, 1969, 83 Stat. 795

   Source evidence

   Code source credit
   Pub. L. 91–173, title IV, § 421, Dec. 30, 1969, 83 Stat. 795

   Enacted provision · exact public law section
   Sec. 421. (a) On and after January 1, 1973, 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 are not covered by a State workmen’s compensation law which provides adequate coverage for pneumoconiosis they shall be entitled to claim benefits under this part. (b) (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 Publication in Federal Register. 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; (B) the amount of such cash benefits is substantially equivalent to or greater than the amount of benefits prescribed by section 412(a) of this title; (C) the standards for determining death or total disability due to pneumoconiosis are substantially equivalent, to those established by section 411, and by the regulations of the Secretary of Health, Education, and Welfare promulgated thereunder; (D) any claim for benefits on account of 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 the discovery of total disability due to pneumoconiosis, or the date of such death, as the case maybe; (E) there are in effect provisions with respect to prior and successor operators which are substantially equivalent to the provisions contained in section 422(i) of this part; 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, which are applicable under section 422(a), 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.

2. 1972

   Black Lung Benefits Act of 1972

   Pub. L. 92–303 · 86 Stat. 150

   1. Substituted · 30 U.S.C. § 931(a)

      Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted “widows, children, parents, brothers, or sisters, as the case may be,” for “widows”

   2. Substituted · 30 U.S.C. § 931(a)

      Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted “1974” for “1973”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted “widows, children, parents, brothers, or sisters, as the case may be,” for “widows” and “1974” for “1973”.

3. 1972

   Black Lung Benefits Act of 1972

   Pub. L. 92–303 § 4(e) · 86 Stat. 150

   Substituted · 30 U.S.C. § 931(b)(2)(C)

   Pub. L. 92–303, § 4(e), substituted “section 902(f) of this title and to those standards established under part B of this subchapter” for “those established by section 921 of this title”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C). Pub. L. 92–303, § 4(e), substituted “section 902(f) of this title and to those standards established under part B of this subchapter” for “those established by section 921 of this title”.

   Enacted provision · exact public law section
   (e) Section 421(b)(2)(C) of such Act is amended by striking the word “those” and inserting in lieu thereof “section 402(f) of this 30 USC 902. title and to those standards”, and by substituting for the words “by section 411” the words “under part B of this title”.

4. 1972

   Black Lung Benefits Act of 1972

   Pub. L. 92–303 § 5(5) · 86 Stat. 150

   Added · 30 U.S.C. § 931(c)

   Pub. L. 92–303, § 5(5), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 92–303, § 5(5), added subsec. (c).

   Enacted provision · exact public law section
   (5) by adding a new subsection (c) to section 421 thereof as follows: “(c) Final regulations required for implementation of any amendments Publication in Federal Register 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.”,

5. 1978

   Pub. L. 95–239 § 3(b)(3) · 92 Stat. 95

   Inserted · 30 U.S.C. § 931(a)

   Pub. L. 95–239, § 3(b)(3), inserted reference to cases in which benefits based upon eligibility under par. (5) of section 921(c) of this title are involved

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–239, § 3(b)(3), inserted reference to cases in which benefits based upon eligibility under par. (5) of section 921(c) of this title are involved.

   Enacted provision · exact public law section
   (3) Section 421(a) of the Act is amended by inserting after “pneumoconiosis” 30 USC 931. the second place it appears therein the following: “, and in any case in which benefits based upon eligibility under paragraph (5) of section 411(c) are involved.”.

   Effective date note
   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.

6. 1978

   Pub. L. 95–239 § 6(a) · 92 Stat. 95

   Added · 30 U.S.C. § 931(b)(2)(A)

   Pub. L. 95–239, § 6(a), added the exceptions set out in cls. (i) and (ii)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 95–239, § 6(a), added the exceptions set out in cls. (i) and (ii).

   Enacted provision · exact public law section
   (a) Section 421(b)(2)(A) of the Act is amended by inserting before the semicolon the following: “, 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 Post, p. 100. mine shall secure the payment of benefits pursuant to section 423 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”.

   Effective date note
   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.

7. 1978

   Pub. L. 95–239 § 6(b) · 92 Stat. 95

   Substituted · 30 U.S.C. § 931(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 “established under part B of this subchapter, and by the regulations of the Secretary of Health, Education, and Welfare promulgated thereunder”

   Source evidence

   Code amendment note
   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 “established under part B of this subchapter, and by the regulations of the Secretary of Health, Education, and Welfare promulgated thereunder”.

   Enacted provision · exact public law section
   (b) Section 421(b)(2)(C) of the Act is amended by striking out “part B of this title” and inserting in lieu thereof “this part”, by striking out “of Health, Education, and Welfare”, and by striking out “thereunder” and inserting in lieu thereof “under this part”.

   Effective date note
   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.

8. 1978

   Pub. L. 95–239 § 6(c) · 92 Stat. 95

   Substituted · 30 U.S.C. § 931(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 disability 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 the discovery of total disability due to pneumoconiosis, or the date of such death, as the case may be”

   Source evidence

   Code amendment note
   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 disability 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 the discovery of total disability due to pneumoconiosis, or the date of such death, as the case may be”.

   Enacted provision · exact public law section
   (c) Section 421(b)(2)(D) of the Act is amended to read as follows: “(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;”.

   Effective date note
   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.

7 of 9 references resolved to an enrolled provision · 2 partial