Page:United States Statutes at Large Volume 86.djvu/192

 PUBLIC LAW 92-303-MAY 19, 1972

150

Public Law 92-303 May 19, 1972 [H. R. 9212]

Black Lung Benefits Act of 1972. 83 Stat. 794. 30 USC 922.

Orphans, benefits.

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Post,

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p. 152.

Dependent p a r e n t s, brothers or s i s t e r s.

42 USC 4 0 1.

81 42 79 42

Stat, use Stat. use

868. 423. 370. 402.

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[86

STAT.

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AN ACT To ameiid the provisions of the Fedenil Coal Mine Health and Safety Act of 1969 to extend bliit'k lung benetits to orphans whose fathers die of pneumoconiosis, and for other puiifoses.

Be it enacted by the Henute and House of Represeiitatloes of the United States of Amenca in Congress assembled, That (a) this Act may be cited as the "Black Lung Benefits Act of 1972''. (b)(1) Section 412(a) of the Federal Coal Mine Health and Safety Act of 1969 is amendecl by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the follo\Ying iiew paragraph: "(3) I n the case of the child or children of a miner whose death is due to pneumoconiosis or of a miner who is receiving benefits under this part at the time of his death, or who was totally disabled by pneumoconiosis at the time of his death, and in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, benefits shall be paid to such child or children as follows: If there is one such child, he shall be paid benefits at the rate specified in paragraph (1). If there is more than one such child, the benefits paid shall be divided equally among them and shall be paid at a rate equal to the rate specified m paragraph (1), increased by 50 per centum of such rate if there are two such children, by 75 per centum of such rate if there are three such children, and by 100 per centum of such rate if there are more than three such children: Provided, That benefits shall only be paid to a child for so long as lie riieets the criteria for the term 'child' contained in section 402(g): And provided further, That no entitlement to benefits as a child shall be established under this paragraph (3) for any month for which entitlement to benefits as a widow is established under paragraph (2)." (2) Section 412(a) of such Act is further amended by adding at the end thereof the following new paragraphs: •'(5) In the case of the dependent parent or parents of a miner whose death is due to pneumoconiosis, or of a miner who is receiving benefits under this part at the time of his death, or of a miner who was totally disabled by pneumoconiosis at the time of death, and who is not survived at the time of his death by a widow or a child, or in the case of the dependent surviving brother (s) or sister (s) of such a miner who is not survived at the time of his death by a widow, child, or parent, benefits shall be paid tinder this part to such parent(s), or to such brother(s), or sister(s), at the rate specified in paragraph (3) (as if such parent (s) or such brother (s) or sister(s), were the children of such miner). I n determining for purposes of this paragraph whether a claimant bears the relationship as the miner's parent, brother, or sister, the Secretary shall apply legal standards consistent with those applicable to relationship determination under title II of the Social Security Act. Xo benefits to a; sister or brother shall be payable under this paragraph for any month beginning with the month in which he or she receives support from his or her spouse, or marries. Benefits shall be payable under this paragraph to a brother only if he is— " (1)(A) under eighteen years of age, or " (B) under a disability as defined in section 223(d) of the Social Security Act which began before the age specified in section 202(d)(1)(B) (ii) of such Act, or in the case of a student, before he ceased to be a student, or

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