30 U.S.C. § 932 — Failure to meet workmen’s compensation requirements

(a) Benefits; applicability of Longshore and Harbor Workers’ Compensation Act; promulgation of regulations Subject to section 28(h)(1) of the Longshore and Harbor Workers’ Compensation Act Amendments of 1984, during any period after December 31, 1973 , in which a State workmen’s compensation law is not included on the list published by the Secretary under section 931(b) of this title , the provisions of Public Law 803, 69th Congress ( 44 Stat. 1424 , approved March 4, 1927 ), as amended [ 33 U.S.C. 901 et seq.], and as it may be amended from time to time (other than the provisions contained in sections 1, 2, 3, 4,, 1 8, 9, 10, 12, 13, 29, 30, 31, 32, 33, 37, 38, 41, 43, 44, 45, 46, 47, 48, 49, 50, and 51 of it) [ 33 U.S.C. 901 , 902, 903, 904, 908, 909, 910, 912, 913, 929, 930, 931, 932, 933, 937, 938, 941, 943, 944, 945, 946, 947, 948, 948a, 949, 950], must (except as otherwise provided in this subsection or by regulations of the Secretary and except that references in such Act to the employer must be considered to refer to the trustees of the fund^*, as the Secretary considers appropriate and as is consistent with the provisions of section 9501(d) of title 26 ), be applicable to each operator of a coal mine in such State for death or total disability^* due to pneumoconiosis^* arising out of employment in such mine, or for entitlements established in paragraph (5) of section 921(c) of this title . In administering this part, the Secretary is authorized to prescribe in the Federal Register such additional provisions, not inconsistent with those specifically excluded by this subsection, as he deems necessary to provide for the payment of benefits by that operator to persons entitled to it as provided in this part and after that those provisions applies to that operator. (b) Liability of operators During any such period each that operator is responsible for and must secure the payment of benefits, as provided in this section and section 933 of this title . An employer, other than an operator of a coal mine, must not be required to secure the payment of such benefits for any employee of such employer to the extent such employee is engaged in the transportation of coal or in coal mine construction. Upon determination by the Secretary of the eligibility of the employee, the Secretary may require such employer to secure a bond or otherwise guarantee the payment of such benefits to the employee. (c) Persons entitled to benefits Benefits must be paid during such period by each that operator under this section to the categories of persons entitled to benefits under section 922(a) of this title under the regulations of the Secretary applicable under this section: But, except as provided in subsection (i) of this section, no benefit must be payable by any operator on account of death or total disability due to pneumoconiosis (1) which did not arise, at least in part, out of employment in a mine during a period after December 31, 1969 , when it was operated by that operator; or (2) which was the subject of a claim denied^* before March 1, 1978 , and which is or has been approved under the provisions of section 945 2 of this title. (d) Monthly payments; amounts; accrual of interest Benefits payable under this section must be paid on a monthly basis and, except as otherwise provided in this section, such payments must be equal to the amounts specified in section 922(a) of this title . If payment is not made within the time required, interest must accrue on those amounts at the rates set forth in section 934(b)(5) of this title for interest owed to the fund. With respect to payments withheld pending final adjudication of liability, in the case of claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981, such interest must start to accrue 30 days after the date of the determination that such an award should be made. (e) Conditions upon payment No payment of benefits must be required under this section: (1) except under a claim filed therefor in such manner, in such form, and containing such information, as the Secretary must by regulation prescribe; or (2) for any period before January 1, 1974 . (f) Limitation on filing of claims Any claim for benefits by a miner^* under this section must be filed within three years after whichever of the following occurs later (1) a medical determination of total disability due to pneumoconiosis; or (2) March 1, 1978 . (g) Reduction of monthly benefits The amount of benefits payable under this section must be reduced, on a monthly or other appropriate basis, by the amount of any compensation received under or under any Federal or State workmen’s compensation law because of death or disability due to pneumoconiosis. In addition, the amount of benefits payable under this section for any claim filed on or after the effective date of the Black Lung Benefits Amendments of 1981 must be reduced, on a monthly or other appropriate basis, by the amount by which such benefits would be reduced on account of excess earnings of such miner under section 403(b) through ( l ) of title 42 if the amount paid were a benefit payable under section 402 of title 42 . (h) Promulgation of regulations The Secretary of Labor must by regulation establish standards, which may include appropriate presumptions, for determining whether pneumoconiosis arose out of employment in a particular coal mine or mines. The Secretary may also, by regulation, establish standards for apportioning liability for benefits under this subsection among more than one operator, where such apportionment is appropriate. (i) Subsequent operators’ liability for benefit payments (1) During any period in which this section is applicable to the operator of a coal mine who on or after January 1, 1970 , acquired such mine or substantially all the assets of it, from a person (later in this section in this subsection referred to as a “prior operator”) who was an operator of such mine, or owner of such assets on or after January 1, 1970 , that operator is responsible for and must, under section 933 of this title , secure the payment of all benefits which would have been payable by the prior operator under this section for miners previously employed by such prior operator as if the acquisition had not occurred and the prior operator had continued to be an operator of a coal mine. (2) Nothing in this subsection must relieve any prior operator of any liability under this section. (3) (A) For purposes of paragraph (1) of this subsection, the provisions of this paragraph must apply to corporate reorganizations, liquidations, and such other transactions as are specified in this paragraph. (B) If an operator ceases to exist by reason of a reorganization or other transaction or series of transactions which involves a change in identity, form, or place of business or organization, however effected, the successor operator or other corporate or business entity resulting from such reorganization or other change must be treated as the operator to whom this section applies. (C) If an operator ceases to exist by reason of a liquidation into a parent or successor corporation, the parent or successor corporation must be treated as the operator to whom this section applies. (D) If an operator ceases to exist by reason of a sale of substantially all his or her assets, or as the result of a merger, consolidation, or division, the successor operator, corporation, or other business entity must be treated as the operator to whom this section applies. (4) In any case in which there is a determination under section 9501(d) of title 26 that no operator is liable for the payment of benefits to a claimant, nothing in this subsection may be construed to require the payment of benefits to a claimant by or on behalf of any operator. (j) Failure of operators to secure benefits Even though this section, section 9501 of title 26 must govern the payment of benefits in cases (1) described in section 9501(d)(1) of title 26; (2) in which the miner’s last coal mine employment was before January 1, 1970; or (3) in which there was a claim denied before March 1, 1978 , and that claim is or has been approved under the provisions of section 945 2 of this title. (k) Secretary as party in claim proceedings The Secretary must be a party in any proceeding relative to a claim for benefits under this part. (l) Filing of new claims or refiling or revalidation of claims of miners already determined eligible at time of death In no case must the eligible survivors of a miner who was determined to be eligible to receive benefits under this subchapter when his or her death be required to file a new claim for benefits, or refile or otherwise revalidate the claim of such miner,. 3