
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 30USC922]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
                   CHAPTER 22--MINE SAFETY AND HEALTH
 
                   SUBCHAPTER IV--BLACK LUNG BENEFITS
 
    Part B--Claims for Benefits Filed on or Before December 31, 1973
 
Sec. 922. Payment of benefits


(a) Schedules

    Subject to the provisions of subsection (b) of this section, benefit 
payments shall be made by the Commissioner of Social Security under this 
part as follows:
    (1) In the case of total disability of a miner due to 
pneumoconiosis, the disabled miner shall be paid benefits during the 
disability at a rate equal to 37\1/2\ per centum of the monthly pay rate 
for Federal employees in grade GS-2, step 1.
    (2) In the case of death of a miner due to pneumoconiosis or, except 
with respect to a claim filed under part C of this subchapter on or 
after the effective date of the Black Lung Benefits Amendments of 1981, 
of a miner receiving benefits under this part, benefits shall be paid to 
his widow (if any) at the rate the deceased miner would receive such 
benefits if he were totally disabled.
    (3) In the case of the child or children of a miner whose death is 
due to pneumoconiosis or, except with respect to a claim filed under 
part C of this subchapter on or after the effective date of the Black 
Lung Benefits Amendments of 1981, of a miner who is receiving benefits 
under this part at the time of his death or who was totally disabled by 
pneumoconiosis at the time of his death, in the case of the child or 
children of a widow who is receiving benefits under this part at the 
time of her death, and in the case of any child or children entitled to 
the payment of benefits under paragraph (5) of section 921(c) of this 
title, benefits shall be paid to such child or children as follows: If 
there is one such child, he shall be paid benefits at the rate specified 
in paragraph (1). If there is more than one such child, the benefits 
paid shall be divided equally among them and shall be paid at a rate 
equal to the rate specified in paragraph (1), increased by 50 per centum 
of such rate if there are two such children, by 75 per centum of such 
rate if there are three such children, and by 100 per centum of such 
rate if there are more than three such children: Provided, That benefits 
shall only be paid to a child for so long as he meets the criteria for 
the term ``child'' contained in section 902(g) of this title: And 
provided further, That no entitlement to benefits as a child shall be 
established under this paragraph (3) for any month for which entitlement 
to benefits as a widow is established under paragraph (2).
    (4) In the case of an individual entitled to benefit payments under 
clause (1) or (2) of this subsection who has one or more dependents, the 
benefit payments shall be increased at the rate of 50 per centum of such 
benefit payments, if such individual has one dependent, 75 per centum if 
such individual has two dependents, and 100 per centum if such 
individual has three or more dependents.
    (5) In the case of the dependent parent or parents of a miner whose 
death is due to pneumoconiosis, or, except with respect to a claim filed 
under part C of this subchapter on or after the effective date of the 
Black Lung Benefits Amendments of 1981, of a miner who is receiving 
benefits under this part at the time of his death or who was totally 
disabled by pneumoconiosis at the time of death, and who is not survived 
at the time of his death by a widow or a child, in the case of the 
dependent surviving brother(s) or sister(s) of such a miner who is not 
survived at the time of his death by a widow, child, or parent, in the 
case of the dependent parent or parents of a miner (who is not survived 
at the time of his or her death by a widow or a child) who are entitled 
to the payment of benefits under paragraph (5) of section 921(c) of this 
title, or in the case of the dependent surviving brother(s) or sister(s) 
of a miner (who is not survived at the time of his or her death by a 
widow, child, or parent) who are entitled to the payment of benefits 
under paragraph (5) of section 921(c) of this title, benefits shall be 
paid under this part to such parent(s), or to such brother(s), or 
sister(s), at the rate specified in paragraph (3) (as if such parent(s) 
or such brother(s) or sister(s), were the children of such miner). In 
determining for purposes of this paragraph whether a claimant bears the 
relationship as the miner's parent, brother, or sister, the Commissioner 
of Social Security shall apply legal standards consistent with those 
applicable to relationship determination under title II of the Social 
Security Act [42 U.S.C. 401 et seq.]. No benefits to a sister or brother 
shall be payable under this paragraph for any month beginning with the 
month in which he or she receives support from his or her spouse, or 
marries. Benefits shall be payable under this paragraph to a brother 
only if he is--
        (1)(A) under eighteen years of age, or
        (B) under a disability as defined in section 223(d) of the 
    Social Security Act [42 U.S.C. 423(d)] which began before the age 
    specified in section 202(d)(1)(B)(ii) of such Act [42 U.S.C. 
    402(d)(1)(B)(ii)], or in the case of a student, before he ceased to 
    be a student, or
        (C) a student as defined in section 902(g) of this title; or
        (2) who is, at the time of the miner's death, disabled as 
    determined in accordance with section 223(d) of the Social Security 
    Act [42 U.S.C. 423(d)], during such disability. Any benefit under 
    this paragraph for a month prior to the month in which a claim for 
    such benefit 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 Commissioner of Social Security 
    has certified for payment for such prior months. As used in this 
    paragraph, ``dependent'' means that during the one year period prior 
    to and ending with such miner's death, such parent, brother, or 
    sister was living in the miner's household, and was, during such 
    period, totally dependent on the miner for support. Proof of such 
    support shall be filed by such claimant within two years after May 
    1972, or within two years after the miner's death, whichever is the 
    later. Any such proof which is filed after the expiration of such 
    period shall be deemed to have been filed within such period if it 
    is shown to the satisfaction of the Commissioner of Social Security 
    that there was good cause for failure to file such proof within such 
    period. The determination of what constitutes ``living in the 
    miner's household'', ``totally dependent upon the miner for 
    support,'' and ``good cause,'' shall for purposes of this paragraph 
    be made in accordance with regulations of the Commissioner of Social 
    Security. Benefit payments under this paragraph to a parent, 
    brother, or sister, shall be reduced by the amount by which such 
    payments would be reduced on account of excess earnings of such 
    parent, brother, or sister, respectively, under section 203(b)-(l) 
    of the Social Security Act [42 U.S.C. 403(b)-(l)], as if the benefit 
    under this paragraph were a benefit under section 202 of such Act 
    [42 U.S.C. 402].

    (6) If an individual's benefits would be increased under paragraph 
(4) of this subsection because he or she has one or more dependents, and 
it appears to the Commissioner of Social Security that it would be in 
the interest of any such dependent to have the amount of such increase 
in benefits (to the extent attributable to such dependent) certified to 
a person other than such individual, then the Commissioner of Social 
Security may, under regulations prescribed by him, certify the amount of 
such increase in benefits (to the extent so attributable) not to such 
individual but directly to such dependent or to another person for the 
use and benefit of such dependent; and any payment made under this 
clause, if otherwise valid under this subchapter, shall be a complete 
settlement and satisfaction of all claims, rights, and interests in and 
to such payment.

(b) Reduction of benefits

    Notwithstanding subsection (a) of this section, benefit payments 
under this section to a miner or his widow, child, parent, brother, or 
sister shall be reduced, on a monthly or other appropriate basis, by an 
amount equal to any payment received by such miner or his widow, child, 
parent, brother, or sister under the workmen's compensation, 
unemployment compensation, or disability insurance laws of his State on 
account of the disability of such miner due to pneumoconiosis, and the 
amount by which such payment would be reduced on account of excess 
earnings of such miner under section 203(b) through (l) of the Social 
Security Act [42 U.S.C. 403(b) to (l)] if the amount paid were a benefit 
payable under section 202 of such Act [42 U.S.C. 402]. This part shall 
not be considered a workmen's compensation law or plan for purposes of 
section 224 of such Act [42 U.S.C. 424a].

(c) Reporting of income

    Benefits payable under this part shall be deemed not to be income 
for purposes of the Internal Revenue Code of 1986.

(Pub. L. 91-173, title IV, Sec. 412, Dec. 30, 1969, 83 Stat. 794; Pub. 
L. 92-303, Secs. 1(b)(1), (2), (c)(1), 2(a), May 19, 1972, 86 Stat. 150, 
151, 153; Pub. L. 95-239, Secs. 3(b)(1), 4, Mar. 1, 1978, 92 Stat. 96, 
97; Pub. L. 97-119, title II, Sec. 203(a)(1)-(3), (d), Dec. 29, 1981, 95 
Stat. 1643, 1644; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; 
Pub. L. 103-296, title I, Sec. 108(i)(2), Aug. 15, 1994, 108 Stat. 
1488.)

                       References in Text

    Grade GS-2, referred to in subsec. (a)(1), is contained in the 
General Schedule which is set out under section 5332 of Title 5, 
Government Organization and Employees.
    The effective date of the Black Lung Benefits Amendments of 1981, 
referred to in subsec. (a)(2), (3), and (5), is Jan. 1, 1982, except as 
otherwise provided. See section 206(a) of Pub. L. 97-119, set out as an 
Effective Date of 1981 Amendment note under section 901 of this title.
    The Social Security Act, referred to in subsec. (a)(5), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of that Act is 
classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of 
Title 42, The Public Health and Welfare. For complete classification of 
this Act to the Code, see section 1305 of Title 42 and Tables.
    The Internal Revenue Code of 1986, referred to in subsec. (c), is 
classified to Title 26, Internal Revenue Code.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-296 substituted ``Commissioner of 
Social Security'' for ``Secretary'' wherever appearing.
    1986--Subsec. (c). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954''.
    1981--Subsec. (a)(1). Pub. L. 97-119, Sec. 203(d), substituted 
``37\1/2\ per centum of the monthly pay rate for Federal employees in 
grade GS-2, step 1'' for ``50 per centum of the minimum monthly payment 
to which a Federal employee in grade GS-2, who is totally disabled, is 
entitled at the time of payment under chapter 81 of title 5''.
    Subsec. (a)(2). Pub. L. 97-119, Sec. 203(a)(1), inserted ``, except 
with respect to a claim filed under part C of this subchapter on or 
after the effective date of the Black Lung Amendments of 1981,'' after 
``pneumoconiosis or''.
    Subsec. (a)(3). Pub. L. 97-119, Sec. 203(a)(2), inserted ``, except 
with respect to a claim filed under part C of this subchapter on or 
after the effective date of the Black Lung Benefits Amendments of 
1981,'' after ``pneumoconiosis or'' and substituted ``time of his death 
or'' for ``time of his death, or''.
    Subsec. (a)(5). Pub. L. 97-119, Sec. 203(a)(3), inserted ``, except 
with respect to a claim filed under part C of this subchapter on or 
after the effective date of the Black Lung Benefits Amendments of 
1981,'' after ``pneumoconiosis, or'' and substituted ``time of his death 
or who was totally'' for ``time of his death, or of a miner who was 
totally''.
    1978--Subsec. (a)(3). Pub. L. 95-239, Sec. 3(b)(1)(A), inserted 
reference to any child or children entitled to the payment of benefits 
under paragraph (5) of section 921(c) of this title.
    Subsec. (a)(5). Pub. L. 95-239, Sec. 3(b)(1)(B), inserted references 
to the payment of benefits under par. (5) of section 921(c) of this 
title.
    Subsec. (b). Pub. L. 95-239, Sec. 4, substituted ``on account of the 
disability of such miner due to pneumoconiosis'' for ``on account of the 
disability of such miner''.
    1972--Subsec. (a)(3), (4). Pub. L. 92-303, Sec. 1(b)(1), added par. 
(3) and redesignated former par. (3) as par. (4).
    Subsec. (a)(5), (6). Pub. L. 92-303, Sec. 1(b)(2), added pars. (5) 
and (6).
    Subsec. (b). Pub. L. 92-303, Secs. 1(c)(1), 2(a), substituted 
``widow, child, parent, brother, or sister'' for ``widow'' wherever 
appearing, and inserted provision that this part would not be considered 
as a workmen's compensation law or plan for purposes of section 224 of 
such Act.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of Title 
42, The Public Health and Welfare.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-119 effective Jan. 1, 1982, except as 
otherwise provided, see section 206(a) of Pub. L. 97-119, set out as a 
note under section 901 of this title.


                    Effective Date of 1978 Amendment

    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.


                    Effective Date of 1972 Amendment

    Section 2(b) of Pub. L. 92-303 provided that: ``The amendment made 
by this section [amending this section] shall be effective as of 
December 30, 1969.''


                 Calculation of Monthly Benefit Payments

    Pub. L. 103-333, title V, Sec. 512, Sept. 30, 1994, 108 Stat. 2573, 
provided that: ``Notwithstanding any other provision of law, monthly 
benefit rates during fiscal year 1995 and thereafter under part B or 
part C of the Black Lung Benefits Act [30 U.S.C. 921 et seq., 931 et 
seq.] shall continue to be based on the benefit rates in effect in 
September, 1994 and be paid in accordance with the Act, until exceeded 
by the benefit rate specified in section 412(a)(1) of the Act [30 U.S.C. 
922(a)(1)].''
    Pub. L. 103-112, title V, Sec. 508(a), Oct. 21, 1993, 107 Stat. 
1113, provided that: ``Notwithstanding any other provision of law, 
monthly benefit payments under part B or part C of the Black Lung 
Benefits Act [30 U.S.C. 921 et seq., 931 et seq.] for months after 
December 1993 and before October 1994 shall be calculated as though the 
provisions of Federal law prescribing pay rates for Federal employees 
continued in effect, without amendment to or limitation of such 
provisions, after January 1993.''

                  Section Referred to in Other Sections

    This section is referred to in sections 921, 924, 931, 932 of this 
title.
