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Code of Federal Regulations Pertaining to ESA |
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Employees' Benefits |
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Employment Standards Administration, Department of Labor |
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Claims for Benefits Under Part C of Title IV of the Federal Mine Safety and Health Act, As Amended |
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Responsible Coal Mine Operators |
20 CFR 725.490 - Statutory provisions and scope.
- Section Number: 725.490
- Section Name: Statutory provisions and scope.
(a) One of the major purposes of the black lung benefits amendments
of 1977 was to provide a more effective means of transferring the
responsibility for the payment of benefits from the Federal government
to the coal industry with respect to claims filed under this part. In
furtherance of this goal, a Black Lung Disability Trust Fund financed
by the coal industry was established by the Black Lung Benefits Revenue
Act of 1977. The primary purpose of the Fund
[[Page 80082]]
is to pay benefits with respect to all claims in which the last coal
mine employment of the miner on whose account the claim was filed
occurred before January 1, 1970. With respect to most claims in which
the miner's last coal mine employment occurred after January 1, 1970,
individual coal mine operators will be liable for the payment of
benefits. The 1981 amendments to the Act relieved individual coal mine
operators from the liability for payment of certain special claims
involving coal mine employment on or after January 1, 1970, where the
claim was previously denied and subsequently approved under section 435
of the Act. See Sec. 725.496 for a detailed description of these
special claims. Where no such operator exists or the operator
determined to be liable is in default in any case, the fund shall pay
the benefits due and seek reimbursement as is appropriate. See also
Sec. 725.420 for the fund's role in the payment of interim benefits in
certain contested cases. In addition, the Black Lung Benefits Reform
Act of 1977 amended certain provisions affecting the scope of coverage
under the Act and describing the effects of particular corporate
transactions on the liability of operators.
(b) The provisions of this subpart define the term ``operator'' and
prescribe the manner in which the identity of an operator which may be
liable for the payment of benefits--referred to herein as a
``responsible operator''--will be determined.
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