Sec. 8. Black lung Benefits Act technical and conforming amendments
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The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended— in section 401(a) ( 30 U.S.C. 901(a) ), by inserting or who were found to be totally disabled by such disease after such disease ; by striking subsection
(a)of section 411 ( 20 U.S.C. 921 ) and inserting the following: The Secretary shall, in accordance with the provisions of this part, and the regulations promulgated by the Secretary under this part, make payments of benefits in respect of— total disability of any miner due to pneumoconiosis; the death of any miner whose death was due to pneumoconiosis; total disability of any miner at the time of his death with respect to claims filed under part C prior to January 1, 1982; survivors’ benefits for any claim filed after January 1, 2005, that is pending on or after March 23, 2010, where the miner is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C; and survivors’ benefits where the miner is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C before January 1, 1982. ; and in section 412(a) ( 30 U.S.C. 922(a) )— by striking paragraph
(2)and inserting the following: In the case of a widow— of a miner whose death is due to pneumoconiosis; in a claim filed after January 1, 2005, and that is pending on or after March 23, 2010, of a miner who is found entitled to receive benefits at the time of the miner's death as a result of a lifetime claim filed under part C; of a miner who is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C before January 1, 1982; or in a claim filed under part C of this subchapter before January 1, 1982, of a miner who was totally disabled by pneumoconiosis at the time of his death, benefits shall be paid to the miner's widow (if any) at the rate the deceased miner would receive such benefits if he were totally disabled. ; in paragraph (3)— by striking
(3)In the case and all that follows through section 411(c) and inserting the following: (3)(A) In the case of the child or children of a miner described in subparagraph
(B); and by adding at the end the following: Subparagraph
(A)shall apply in the case of any child or children— of a miner whose death is due to pneumoconiosis; in a claim filed after January 1, 2005, that is pending on or after March 23, 2010, of a miner who is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C; of a miner who is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C before January 1, 1982; in a claim filed under part C before January 1, 1982, of a miner who was totally disabled by pneumoconiosis at the time of his death; of a widow who is found entitled to receive benefits under this part at the time of her death; or entitled to the payment of benefits under paragraph
(5)of section 411(c). ; and in paragraph (5), by striking In the case and all that follows through not survived at the time of his death by a widow or a child, and inserting In the case of the dependent parent or parents of a miner who is not survived at the time of the miner's death by a widow or a child and
(i)whose death is due to pneumoconiosis,
(ii)in a claim filed after January 1, 2005, that is pending on or after March 23, 2010, who is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C,
(iii)who is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed under part C before January 1, 1982, or
(iv)in a claim filed under part C before January 1, 1982, who was totally disabled by pneumoconiosis at the time of death, .
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