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30 U.S.C. § 925 — Procedure for the determination of claims during transition period

submitted 54 years ago by Pub. L. 91-173 to r/title-30-MINERAL-LANDS-AND-MINING · 302 words · no verdicts yet

in plain englishAI-generated · not legal advice

For benefits claims filed from July 1 through December 31, 1973, this section assigns temporary decision and payment duties to the Secretary of Labor. It also requires notice to potentially liable operators and makes the Secretary’s determination binding on notified operators for later benefits, while allowing regulations.

(a) Claims during the transition period. Regardless of another provision in this subchapter, this section applies to claims for benefits under this part filed from July 1, 1973, through December 31, 1973. Its purpose is to ensure that claimants continue receiving benefits when administration shifts to a State workers’ compensation agency or the Secretary of Labor.

For each such claim:
(1) The Secretary of Labor must decide the claim. When this part or section 9501(d) of title 26 allows it, the Secretary must pay benefits for the claim.
(2) The Secretary of Labor must promptly notify any operator whom the Secretary believes, based on information in the claim or other available information, may have to pay the claimant benefits under part C for a month after December 31, 1973.
(3) In deciding the claim, the Secretary must follow, as appropriate, the procedures in section 919(b), (c), and (d) of title 33.
(4) An operator notified that a claim is pending under paragraph (2) is bound by the Secretary of Labor's decision as if the claim had been filed under part C and section 932 of this title applied to that operator. But the operator is not required under this paragraph to pay benefits for a month before January 1, 1974.

(b) Regulations. The Secretary of Labor may issue regulations necessary or appropriate to carry out this section. This section does not define “operator” or “claimant.”

the actual law source: uscode.house.gov ↗public domain
(a)

Notwithstanding any other provision in this subchapter, for the purpose of assuring the uninterrupted receipt of benefits by claimants at such time as responsibility for administration of the benefits program is assumed by either a State workmen’s compensation agency or the Secretary of Labor, any claim for benefits under this part filed during the period from July 1, 1973 to December 31, 1973, shall be considered and determined in accordance with the procedures of this section. With respect to any such claim—

(1)

Such claim shall be determined and, where appropriate under this part or section 9501(d) of title 26, benefits shall be paid with respect to such claim by the Secretary of Labor.

(2)

The Secretary of Labor shall promptly notify any operator who he believes, on the basis of information contained in the claim, or any other information available to him, may be liable to pay benefits to the claimant under part C of this subchapter for any month after December 31, 1973.

(3)

In determining such claims, the Secretary of Labor shall, to the extent appropriate, follow the procedures described in subsections (b), (c), and (d) of section 919 of title 33.

(4)

Any operator who has been notified of the pendency of a claim under paragraph (2) of this subsection shall be bound by the determination of the Secretary of Labor on such claim as if the claim had been filed pursuant to part C of this subchapter and section 932 of this title had been applicable to such operator. Nothing in this paragraph shall require any operator to pay any benefits for any month prior to January 1, 1974.

(b)

The Secretary of Labor may issue such regulations as are necessary or appropriate to carry out the purpose of this section.

Source credit: (Pub. L. 91–173, title IV, § 415, as added Pub. L. 92–303, § 7, May 19, 1972, 86 Stat. 156; amended Pub. L. 97–119, title I, § 104(b)(2), Dec. 29, 1981, 95 Stat. 1639; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–296, title I, § 108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(b)(3), Nov. 2, 2002, 116 Stat. 1925.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 91-173 · 86 Stat. 156
  • 1981Amended · Pub. L. 97-119 · 95 Stat. 1639
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
  • 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 1972-05-19.

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