30 U.S.C. § 924 — Time for filing claims
submitted 57 years ago by Pub. L. 91-173 to r/title-30-MINERAL-LANDS-AND-MINING · 691 words · no verdicts yet
This section sets filing deadlines and effective-date rules for older benefit claims. It limits payment after certain filing dates, restricts benefits when a State reduces comparable benefits, and sets conditions for death benefits.
(a)(1) A total-disability claim must be filed by December 31, 1973; a widow* may file within six months after her husband’s death or by that date, whichever is later. (2)(A) A child’s timely post-May-1972 claim can reach back to December 30, 1969 or the first hypothetical eligibility date, whichever is shorter, and covers eligible periods. (B) A later claim can reach back 12 months or that hypothetical date, whichever is shorter, and covers eligible periods. (C) A child* must file within six months after the later parent’s death or by December 31, 1973, whichever is later. (D) Earlier-month benefits must be reduced as needed to avoid making a prior certified payment erroneous. (3) A parent, brother, or sister must file within six months after the miner’s death or by December 31, 1973, whichever is later. (b) No benefits may be paid after December 31, 1973 if filed after June 30, 1973. (c) No benefits are payable before filing. (d) No benefits go to residents of a State that after December 30, 1969 reduced comparable workers’ compensation, unemployment, or disability-insurance benefits. (e) Death benefits require that the miner* received pneumoconiosis*-disability benefits before death, died before January 1, 1974, or the claimant qualifies under section 921(c)(5).
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, 1973, or, in the case of a claimant who is a widow*, within six months after the death of her husband or by December 31, 1973, 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 December 30, 1969, 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 December 30, 1969, 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 December 30, 1969, 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 December 30, 1969, 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 December 31, 1973, 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 December 31, 1973, whichever is the later.
No benefits shall be paid under this part after December 31, 1973, if the claim therefor was filed after June 30, 1973.
No benefits under this part shall be payable for any period prior to the date a claim therefor is filed.
No benefits shall be paid under this part to the residents of any State which, after December 30, 1969, 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.
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 January 1, 1974, or (3) any such individual is entitled to benefits under paragraph (5) of section 921(c) of this title.
Source credit: (Pub. L. 91–173, title IV, § 414, Dec. 30, 1969, 83 Stat. 795; Pub. L. 92–303, §§ 1(c)(1), (6), 5(1)–(3), May 19, 1972, 86 Stat. 151, 152, 155; Pub. L. 95–239, § 3(b)(2), Mar. 1, 1978, 92 Stat. 97; Pub. L. 103–296, title I, § 108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(a), Nov. 2, 2002, 116 Stat. 1925.)
- 1969Enacted · Pub. L. 91-173 · 83 Stat. 795
- 1972Amended · Pub. L. 92-303 · 86 Stat. 151, 152, 155
- 1978Amended · Pub. L. 95-239 · 92 Stat. 97
- 1994Amended · Pub. L. 103-296 · 108 Stat. 1488
- 2002Amended · Pub. L. 107-275 · 116 Stat. 1925
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-173 on 1969-12-30.
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