
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 30USC924]

 
                   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. 924. Time for filing claims


(a) Claims filed before December 31, 1973

    (1) 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.
    (2) In the case of a claim by a child this paragraph shall apply, 
notwithstanding any other provision of this part.
    (A) 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.
    (B) 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.
    (C) 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.
    (D) 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 Commissioner of Social 
Security has certified for payment for such prior month.
    (3) 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.

(b) Filing of claims after June 30, 1973

    No benefits shall be paid under this part after December 31, 1973, 
if the claim therefor was filed after June 30, 1973.

(c) Effective date of claims

    No benefits under this part shall be payable for any period prior to 
the date a claim therefor is filed.

(d) Reduction of State benefits

    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.

(e) Conditions upon payment

    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.

(Pub. L. 91-173, title IV, Sec. 414, Dec. 30, 1969, 83 Stat. 795; Pub. 
L. 92-303, Secs. 1(c)(1), (6), 5(1)-(3), May 19, 1972, 86 Stat. 151, 
152, 155; Pub. L. 95-239, Sec. 3(b)(2), Mar. 1, 1978, 92 Stat. 97; Pub. 
L. 103-296, title I, Sec. 108(i)(2), Aug. 15, 1994, 108 Stat. 1488.)


                               Amendments

    1994--Subsec. (a)(2)(D). Pub. L. 103-296 substituted ``Commissioner 
of Social Security'' for ``Secretary''.
    1978--Subsec. (e). Pub. L. 95-239 added cl. (3) relating to 
individuals entitled to benefits under par. (5) of section 921(c) of 
this title.
    1972--Subsec. (a). Pub. L. 92-303, Secs. 1(c)(6), 5(2), designated 
existing provisions as par. (1) and added pars. (2) and (3), and in par. 
(1) substituted ``1973'' for ``1972'' wherever appearing.
    Subsec. (b). Pub. L. 92-303, Secs. 5(1), (2), substituted ``June 30, 
1973'' for ``December 31, 1971'' and ``December 31, 1973'' for 
``December 31, 1971''.
    Subsec. (e). Pub. L. 92-303, Secs. 1(c)(1), 5(3), substituted 
``widow, child, parent, brother, or sister'' for ``widow'' and ``1974'' 
for ``1973''.


                    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 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.

                  Section Referred to in Other Sections

    This section is referred to in section 923 of this title.
