Page:United States Statutes at Large Volume 92 Part 1.djvu/152

 92 STAT. 98 .;,,,.

PUBLIC LAW 95-239—MAR. 1, 1978 fits under this part while so employed. Any ininer who has been determined to be eligible for benefits pursuant to a claim filed while such miner was engaged in coal mine employment shall be entitled to such benefits if his or her employment terminates within one year after the date such determination becomes final.". APPROVAL OF STATE W O R K E R S ' COMPENSATION LAWS

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30 USC 931.

SEC. 6. (a) Section 421(b)(2)(A) of the Act is amended by inserting before the semicolon the following: ", except that (i) such law shall not be required to provide such benefits where the miner's last employment in a coal mine terminated before the Secretary's approval of the State law pursuant to this section; and (ii) each operator of a coal Post, p. 100. mine shall secure the payment of benefits pursuant to section 423 with respect to any miner whose last employment in a coal mine terminated before the Secretary's approval of the State law pursuant to this section". (b) Section 421(b)(2)(C) of the Act is amended by striking out "part B of this title" and inserting in lieu thereof "this part", by striking out "of Health, Education, and Welfare", and by striking out "thereunder" and inserting in lieu thereof "under this part". 5: £ i;r, (c) Section 421(b)(2)(D) of the Act is amended to read as follows: "(D) any claim for benefits on account of total disability of a miner due to pneumoconiosis is deemed to be timely filed if such claim is filed within three years after a medical determination of total disability due to pneumoconiosis;". DETERMINATION

30 USC 932.

OF CLAIMS FOR BENEFITS UNDER PART C OF TITLE TV OF THE ACT

SEC. 7. (a) The first sentence of section 422(a) of the Act is amended— (1) by inserting after "as amended" the following: ", and as it may be amended from time to time"; (2^ by inserting a comma after "and 51 thereof)"; and •.. '*^' (3) by striking out "and except as the Secretary shall by rega.' lation otherwise provide" and inserting in lieu thereof "or by regulations of the Secretary and except that references in such Act to the employer shall be considered to refer to the trustees of the fund, as the Secretary considers appropriate and as is consistent 30 USC 934. with the provisions of section 424". (b) Section 422(b) of the Act is amended by adding at the end thereof the following new sentence: "An employer, other than an operator of a coal mine, shall not be required to secure the payment of such benefits with respect to any employee of such employer to the extent such employee is engaged in the transportation of coal or in coal mine construction. Upon determination by the Secretary of the eligibility of the employee, the Secretary may require such employer to secure a bond or otherwise guarantee the payment of such benefits to the employee.". (c) Section 422(c) of the Act is amended— (1) by striking out "and the Secretary of Health, Education, and Welfare"; and ' ' ' (2) by striking out "the period" and inserting in lieu thereof '*';';:'.;.; "a period after December 31, 1969,". ^' ' (d) Section 422(e) of the Act is amended by inserting "or" at the .JSv •'. j,jj^ Q^ paragraph (1) thereof, by striking out ", or" at the end of

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