Sec. 8. EFFECTIVE DATE; APPLICABILITY
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## SEC. 8 EFFECTIVE DATE; APPLICABILITY **[**[34 U.S.C. 10281 note](/us/usc/t34/s10281)**]** ###
(a)In General Except as otherwise provided in this section, the amendments made by this Act shall take effect on the date of enactment of this Act. ###
(b)Applicability ####
(1)Certain injuries The amendments made to paragraphs
(2)and
(7)of section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284) shall apply with respect to injuries occurring on or after January 1, 2008. ####
(2)Matters pending Except as provided in paragraph (1), the amendments made by this Act shall apply to any matter pending, before the Bureau or otherwise, on the date of enactment of this Act, or filed (consistent with pre-existing effective dates) or accruing after that date. ###
(c)Effective Date for WTC Responders ####
(1)Certain new claims Not later than two years after the effective date of this Act, a WTC responder may file a claim, under section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)), that is predicated on a personal injury sustained in the line of duty by such responder as a result of the September 11, 2001, attacks, where— #####
(A)no claim under such section 1201(b) so predicated has previously been filed; or #####
(B)a claim under such section 1201(b) so predicated had previously been denied, in a final agency determination, on the basis (in whole or in part) that the claimant was not totally disabled. ####
(2)Claims for a deceased wtc responder Not later than two years after the effective date of this Act, a claim may be filed, constructively under section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)), where a WTC responder who otherwise could have filed a claim pursuant to paragraph
(1)has died before such effective date (or dies not later than 365 days after such effective date), or where a WTC responder has filed such a claim but dies while it is pending before the Bureau: Provided, That— #####
(A)no claim under such section 1201(a) otherwise shall have been filed, or determined, in a final agency determination; and #####
(B)if it is determined, in a final agency determination, that a claim under such paragraph
(1)would have been payable had the WTC responder not died, then the WTC responder shall irrebutably be presumed (solely for purposes of determining to whom benefits otherwise pursuant to such paragraph
(1)may be payable under the claim filed constructively under such section 1201(a)) to have died as the direct and proximate result of the injury on which the claim under such paragraph
(1)would have been predicated. ####
(3)Difference in benefit pay In the event that a claim under section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)) and predicated on an injury sustained in the line of duty by a WTC responder as a result of the September 11, 2001, attacks was approved, in a final agency determination, before the effective date of this Act, the Bureau shall, upon application filed (not later than three years after such effective date of this Act) by the payee (or payees) indicated in subparagraphs
(A)or (B), pay a bonus in the amount of the difference (if any) between the amount that was paid pursuant to such determination and the amount that would have been payable had the amendments made by this Act, other than those indicated in subsection (b)(1), been in effect on the date of such determination— #####
(A)to the WTC responder, if living on the date the application is determined, in a final agency determination; or #####
(B)if the WTC responder is not living on the date indicated in subparagraph (A), to the individual (or individuals), if living on such date, to whom benefits would have been payable on such date under section 1201(a) of such title I (34 U.S.C. 10281(a)) hadthe application been, instead, a claim under such section 1201(a). ####
(4)Special limited rule of construction A claim filed pursuant to paragraph
(1)or
(2)shall be determined as though the date of catastrophic injury of the public safety officer were the date of enactment of this Act, for purposes of determining the amount that may be payable.
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