Page:United States Statutes at Large Volume 83.djvu/823

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[83 STAT. 795]
[83 STAT. 795]
PUBLIC LAW 91-000—MMMM. DD, 1969

83 STAT. ]

PUBLIC LAW 91-173-DEC. 30, 1969

795

SEC. 414. (a) No claim for benefits under this part on account of total disability of a miner shall be considered unless it is hied on or before December 31, 1972, or, in the case of a claimant who is a widow, within six months after the death of her husband or by December 31, 1972, whichever is the later. (b) No benefits shall be paid under this part after December 31, 1972, if the claim therefor was filed after December 31, 1971. (c) No benefits under this part shall be payable for any period prior to the date a claim therefor is filed. (d) No benefits shall be paid under this part to the residents of any State which, after the date of enactment of this Act, 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 wuth regard to workmen's compensation, unemployment compensation, or disability insurance. (e) No benefits shall be payable to a widow 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, or (2) the death of such miner occurred prior to January 1, 1973. PART C — C L A I M S FOR BENEFITS AFTER DECEMBER 31,

1972

SEC. 421. (a) On and after January 1, 1973, any claim for benefits for death or total disability due to pneumoconiosis shall be filed pursuant to the applicable State workmen's compensation law, except that during any period when miners or their surviving widows are not covered by a State workmen's compensation law which provides adequate coverage for pneumoconiosis they shall be entitled to claim benefits under this part. (b)(1) For purposes of this section, a State workmen's compensation law" shall not be deemed to provide adequate coverage for pneumoconiosis during any period unless it is included in the list of State laws found by the Secretary to provide such adequate coverage during such period. The Secretary shall, no later than October 1, 1972, publish in the Federal Register a list of State workmen's compensation laws which provide adequate coverage for pneumoconiosis and shall revise and republish in the Federal Register such list from time to time, as may be appropriate to reflect changes in such State laws due to legislation or judicial or administrative interpretation, (2) The Secretary shall include a State workmen's compensation law on such list during any period only if he finds that during such period under such law— (A) benefits must be paid for total disability or death of a miner due to pneumoconiosis; (B) the amount of such cash benefits is substantially equivalent to or greater than the amount of benefits prescribed by section 412(a) of this title; (C) the standards for determining death or total disability due to pneumoconiosis are substantially equivalent to those established by section 411, and by the regulations of the Secretary of Health, Education, and Welfare promulgated thereunder; (D) any claim for benefits on account of total disability or death of a miner due to pneumoconiosis is deemed to be timely filed if such claim is filed within three years of the discovery of total disability due to pneumoconiosis, or the date of such death, as the case may be;

P u b l i c a t i o n in Federal Register.