Page:United States Statutes at Large Volume 83.djvu/822

 794

5 USC 5332 note. 80 Stat. 532. 5 USC 81018193.

42 USC 403. 42 USC 402. 68A Stat. 3. 26 USC 1 et seq.

70 Stat. 815; II Stat. 868. 42 USC 423. 68 Stat. 1081. 42 USC 421.

PUBLIC LAW 91-173-DEC. 30, 1969

[83 STAT.

(cl) Xotliing in subsection (c) shall be deemed to affect the applicability of subsection (a) in the case of a claim where the presumptions provided for therein are inapplicable. SEC. 412. (a) Subject to the provisions of subsection (b) of this section, benefit payments shall be made by the Secretary 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 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, United States Code. (2) In the case of death of a miner due to pneumoconiosis or 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. (8) 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 lias two dependents, and 100 per centum if such individual has three or more dependents. (b) Notwithstanding subsection (a), benefit payments under this section to a miner or his Avidow shall be reduced, on a monthly or other appropriate basis, by an amount equal to any payment received by such miner or his widow under the workmen's compensation, unemployment compensation, or disability insurance laws of his State on account of the disability of such miner, and the amount by which such payment would be reduced on account of excess earnings of such miner under section 203(b) through (1) of the Social Security Act if the amount paid were a benefit payable under section 202 of such Act. (c) Benefits payable under this part shall be deemed not to be income for purposes of the Internal Revenue Code of 1954. SEC. 413. (a) Except as otherwise provided in section 414 of this part, no payment of benefits shall be made under this part except pursuant to a claim filed therefor on or before December 31, 1972, in such manner, in such form, and containing such information, as the Secretary shall by regulation prescribe. (b) In carrying out the jDrovisions of this part, the Secretary shall to the maximum extent feasible (and consistent w4th the provisions of this part) utilize the.personnel and procedures he uses in determining entitlement to disability insurance benefit payments under section 223 of the Social Security Act. Claimants under this part shall be reimbursed for reasonable medical expenses incurred by them in establishing their claims. For purposes of determining total disability under this part, the provisions of subsections (a), (b), (c), (d), and (g) of section 221 of such Act shall be applicable. (c) No claim for benefits under this section shall be considered unless the claimant has also filed a claim under the applicable State workmen's compensation law prior to or at the same time his claim Avas filed for benefits under this section; except that the foregoing provisions of this paragraph shall not apply in any case in which the filing of a claim under such law would clearly be futile because the period within which such a claim may be filed thereunder has expired or because pneumoconiosis is not compensable under such laAV, or in any other situation in AA'hich, in the opinion of the Secretary, the filing of a claim would clearly be futile.

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