Page:United States Statutes at Large Volume 86.djvu/195

 86 STAT. ]

PUBLIC LAW 92-303-MAY 19, 1972

153

established pursuant to such claim, such entitlement shall be effective retroactively from December 30, 1969, or from the date such child would have been first eligible for such benefit payments had section 412(a)(3) been applicable since December 30, 1969, whichever is the ^"'^' P- ^^°lesser period. I f on the date such claim is filed the claimant is not eligible for benefit payments, but was eligible at any period of time during the period from December 30, 1969, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period. " (B) If such claim is filed after six months following the month in which this paragraph is enacted, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from a date twelve months preceding the date such claim is filed, or from the date such child would have been first eligible for such benefit payments had section 412(a)(3) been applicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit payments, but was eligible at any period of time during the period from a date twelve months preceding the date such claim is filed, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period. " (C) No claim for benefits under this part, in the case of a claimant who is a child, shall be considered unless it is filed within six months after the death of his father or mother (whichever last occurred) or by December 31, 1973, whichever is the later. " (D) Any benefit under subparagraph (A) or (B) for a month prior to the month in which a claim is filed shall be reduced, to any extent that may be necessary, so that it will not render erroneous any benefit which, before the filing of such claim, the Secretary has certified for payment for such prior month. "(3) No claim for benefits under this part, in the case of a claimant who is a parent, brother, or sister shall be considered unless it is filed within six months after the death of the miner or by December 31, 1973, whichever is the later." SEC. 2. (a) Section 412(b) of the Federal Coal Mine Health and ^^^\''^[fl^^^^' Safety Act of 1969 is amended by adding at the end thereof the fol- umuadon^ ' lowing: "This part shall not be considered a workmen's compensation ^3 Stat. 794. law or plan for purposes of section 224 of such Act." 42 USC 424a. (b) The amendment made by this section shall be effective as of Effective date. December 30, 1969. SEC. 3. (a) Sections 401, 411(c)(1), 411(c)(2), and 422(h) of the Federal Coal Mine Health and Safety Act of 1969 are each amended 3o use 901, by striking out "underground". 921,932. (b) Sections 402(b), 402(d), 422(a), and 423(a) of such Act are ^^3° use 902, each amended by striking out "an underground" and inserting "a" in lieu thereof. (c) The amendments made by this section shall be effective as of Effective date. December 30, 1969. SEC. 4. (a) Section 402(f) of the Federal Coal Mine Health and Safety Act of 1969 is amended to read as follows: 3o use 902. " (f) The term 'total disability' has the meaning given it by regu- "Total dislations of the Secretary of Health, Education, and Welfare, except ability." that such regulations shall provide that a miner shall be considered totally disabled when pneumoconiosis prevents him from engaging in gainful employment requiring the skills and abilities comparable to those of any employment in a mine or mines in which he previously engaged with some regularity and over a substantial period of time. Such regulations shall not provide more restrictive criteria than those applicable under section 223(d) of the Social Security Act." JJ J'^^-1^| •

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