PUBLIC LAW 95-239—MAR. 1, 1978 paragraph (2) thereof and inserting in lieu thereof a period, and by striking out paragraph (3) thereof. (e) Section 422(f) of the Act is amended to read as follows: " (f) Any claim for benefits by a miner under this section shall be filed within three years after whichever of the following occurs later— "(1) a medical determination of total disability due to pneumoconiosis; or "(2) the date of the enactment of the Black Lung Benefits Keform Act of 1977.". (f) Section 422(h) of the Act is amended by striking out the first sentence thereof. (g) Section 422(i) of the Act is amended to read as follows: " (i)(l) 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 thereof, from a person (hereinafter 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, such operator shall be liable for and shall, in accordance with section 423, secure the payment of all benefits which would have been payable by the prior operator under this section with respect to 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 shall 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 shall 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 shall 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 shall 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 shall be treated as the operator to whom this section applies. "(4) In any case in which there is a determination under section 424 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,". (h) Section 422 of the Act is amended by adding at the end thereof the following new subsections: "(j) Notwithstanding the provisions of this section, section 424 shall govern the payment of benefits in cases— "(1) described in section 424(a)(1); or " (2) in which the miner's last coal mine employment was before January 1, 1970. "(k) The Secretary shall be a party in any proceeding relative to a claim for benefits under this part.
92 STAT. 99
30 USC 932.
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Post, p. 100.
30 USC 934. 30 USC 932.
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