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Title 33 — Navigation and Navigable Waters

Chapter 18 — Longshore and Harbor Workers’ Compensation

§ 917. Lien against compensation

Statutory text

Where a trust fund which complies with section 186(c) of title 29 established pursuant to a collective-bargaining agreement in effect between an employer and an employee covered under this chapter has paid disability benefits to an employee which the employee is legally obligated to repay by reason of his entitlement to compensation under this chapter or under a settlement, the Secretary shall authorize a lien on such compensation in favor of the trust fund for the amount of such payments.

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. Pub. L. 69–509 § 17 · 44 Stat. 1424

    Enacted · 33 U.S.C. § 917

    Mar. 4, 1927, ch. 509, § 17, 44 Stat. 1434

    Source evidence

    Code source credit
    Mar. 4, 1927, ch. 509, § 17, 44 Stat. 1434

  2. Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972

    Pub. L. 92–576 § 20(b) · 86 Stat. 1251

    1. Amended · 33 U.S.C. § 917

      Pub. L. 92–576 designated existing provisions as subsec. (a)

    2. Added · 33 U.S.C. § 917

      Pub. L. 92–576 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 92–576 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    (b) Section 17 of such Act is amended by inserting “(a)” immediately after the section designation and by adding at the end thereof the following new Subsection: “(b) Where a trust fund which complies with section 302(c) of the Labor-Management Relations Act of 1947 (29 U.S.C. 186(c)) established pursuant to a collective-bargaining agreement in effect between an employer and an employee entitled to compensation under this Act has paid disability benefits to an employee which the employee is legally obligated to repay by reason of his entitlement to compensation under this Act. the Secretary may authorize a lien on such compensation in favor of the trust, fund for the amount of such payments.”

  3. Pub. L. 95–598 title III § 324 · 92 Stat. 2549

    Repealed · 33 U.S.C. § 917(a)

    Pub. L. 95–598 repealed provision for lien of person entitled to compensation without limit of amount against assets of carrier or employer and for preference and priority in distribution of assets of such carrier or employer, or both upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier or employer, or both

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–598 repealed provision for lien of person entitled to compensation without limit of amount against assets of carrier or employer and for preference and priority in distribution of assets of such carrier or employer, or both upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier or employer, or both.

    Enacted provision · exact public law section
    Sec. 324. Subsection (a) of section 17 of the Act of March 4, 1927 Repeal. (44 Stat. 1484; 33 U.S.C. 917(a)), is repealed.

  4. Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 14 · 98 Stat. 1639

    1. Struck · 33 U.S.C. § 917

      Pub. L. 98–426 struck out “(b)” before “Where a trust fund which complies”

    2. Substituted · 33 U.S.C. § 917

      Pub. L. 98–426 substituted “covered under this chapter” for “entitled to compensation under this chapter”

    3. Substituted · 33 U.S.C. § 917

      Pub. L. 98–426 substituted “this chapter or under a settlement, the Secretary shall authorize” for “this chapter, the Secretary may authorize”

    Source evidence

    Code amendment note
    Pub. L. 98–426 struck out “(b)” before “Where a trust fund which complies”, substituted “covered under this chapter” for “entitled to compensation under this chapter”, and substituted “this chapter or under a settlement, the Secretary shall authorize” for “this chapter, the Secretary may authorize”.

    Enacted provision · exact public law section
    Sec. 14. liens on compensation Section 17 is amended— 33 USC 917. (1) by striking out “(b)”; (2) by striking out “entitled to compensation under this Act” and inserting in lieu thereof “covered under this Act”; and (3) by striking out “this Act, the Secretary may authorize” and inserting in lieu thereof “this Act or under a settlement, the Secretary shall authorize”.

    Effective date note
    Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title.

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1938–1984 · 4 rounds

1984

Pub. L. 98–426 struck out “(b)” before “Where a trust fund which complies”, substituted “covered under this chapter” for “entitled to compensation under this chapter”, and substituted “this chapter or under a settlement, the Secretary shall authorize” for “this chapter, the Secretary may authorize”.

1978

Subsec. (a). Pub. L. 95–598 repealed provision for lien of person entitled to compensation without limit of amount against assets of carrier or employer and for preference and priority in distribution of assets of such carrier or employer, or both upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier or employer, or both.

1972

Pub. L. 92–576 designated existing provisions as subsec. (a) and added subsec. (b).

1938

Act , amended section generally. Prior to amendment, section read as follows: “Compensation shall have the same preference of lien against the assets of the carrier or employer without limit of amount as is now or may hereafter be allowed by law to the claimant for unpaid wages or otherwise”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–426 effective , and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–598 effective , see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–576 effective 30 days after , see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.

Credits

1927–1984 · 5 acts
  1. 1927Mar. 4, 1927, ch. 509, § 17, 44 Stat. 1434
  2. 1938June 25, 1938, ch. 685, § 8, 52 Stat. 1167
  3. 1972Pub. L. 92–576, § 20(b), , 86 Stat. 1264
  4. 1978Pub. L. 95–598, title III, § 324, , 92 Stat. 2679
  5. 1984Pub. L. 98–426, § 14, , 98 Stat. 1649.
Show as published

(Mar. 4, 1927, ch. 509, § 17, 44 Stat. 1434; June 25, 1938, ch. 685, § 8, 52 Stat. 1167; Pub. L. 92–576, § 20(b), , 86 Stat. 1264; Pub. L. 95–598, title III, § 324, , 92 Stat. 2679; Pub. L. 98–426, § 14, , 98 Stat. 1649.)

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