Where a trust fund which complies with section
186(c) of title
29 established pursuant to a collective-bargaining agreement in effect between an employer and an employee covered under this chapter has paid disability benefits to an employee which the employee is legally obligated to repay by reason of his entitlement to compensation under this chapter or under a settlement, the Secretary shall authorize a lien on such compensation in favor of the trust fund for the amount of such payments.
Where a trust fund which complies with section
186(c) of title
29 established pursuant to a collective-bargaining agreement in effect between an employer and an employee covered under this chapter has paid disability benefits to an employee which the employee is legally obligated to repay by reason of his entitlement to compensation under this chapter or under a settlement, the Secretary shall authorize a lien on such compensation in favor of the trust fund for the amount of such payments.
1984—Pub. L. 98–426struck out “(b)” before “Where a trust fund which complies”, substituted “covered under this chapter” for “entitled to compensation under this chapter”, and substituted “this chapter or under a settlement, the Secretary shall authorize” for “this chapter, the Secretary may authorize”.
1978—Subsec. (a). Pub. L. 95–598repealed provision for lien of person entitled to compensation without limit of amount against assets of carrier or employer and for preference and priority in distribution of assets of such carrier or employer, or both upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier or employer, or both.
1972—Pub. L. 92–576designated existing provisions as subsec. (a) and added subsec. (b).
1938—Act June 25, 1938, amended section generally. Prior to amendment, section read as follows: “Compensation shall have the same preference of lien against the assets of the carrier or employer without limit of amount as is now or may hereafter be allowed by law to the claimant for unpaid wages or otherwise”.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–426effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) ofPub. L. 98–426, set out as a note under section
901 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598effective Oct. 1, 1979, see section 402(a) ofPub. L. 95–598, set out as an Effective Date note preceding section
101 of Title
11, Bankruptcy.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92–576effective 30 days after Oct. 27, 1972, see section 22 ofPub. L. 92–576, set out as a note under section
902 of this title.
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33 USC
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