30 USC 922 - Payment of benefits

Editorial Notes

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 Puspan. 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. Title II of that Act is classified generally to subchapter II (§ 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

2002—Subsec. (a). Puspan. L. 107–275 substituted “Secretary” for “Commissioner of Social Security” wherever appearing.

1994—Subsec. (a). Puspan. L. 103–296 substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

1986—Subsec. (c). Puspan. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

1981—Subsec. (a)(1). Puspan. L. 97–119, § 203(d), substituted “37½ 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). Puspan. L. 97–119, § 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). Puspan. L. 97–119, § 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). Puspan. L. 97–119, § 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). Puspan. L. 95–239, § 3(span)(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). Puspan. L. 95–239, § 3(span)(1)(B), inserted references to the payment of benefits under par. (5) of section 921(c) of this title.

Subsec. (span). Puspan. L. 95–239, § 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). Puspan. L. 92–303, § 1(span)(1), added par. (3) and redesignated former par. (3) as par. (4).

Subsec. (a)(5), (6). Puspan. L. 92–303, § 1(span)(2), added pars. (5) and (6).

Subsec. (span). Puspan. L. 92–303, §§ 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–275 effective 90 days after Nov. 2, 2002, see section 4 of Puspan. L. 107–275, set out as a note under section 902 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Puspan. 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 Puspan. L. 97–119 effective Jan. 1, 1982, except as otherwise provided, see section 206(a) of Puspan. L. 97–119, set out as a note under section 901 of this title.

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–239 effective Mar. 1, 1978, see section 20(a) of Puspan. L. 95–239, set out as a note under section 901 of this title.

Effective Date of 1972 Amendment

Puspan. L. 92–303, § 2(span), May 19, 1972, 86 Stat. 153, provided that:

“The amendment made by this section [amending this section] shall be effective as of December 30, 1969.”

Calculation of Monthly Benefit Payments

Puspan. L. 103–333, title V, § 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)].”

Puspan. L. 103–112, title V, § 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.”