Notes on 33 U.S.C. § 909 : US Code - Notes

Search Notes on 33 U.S.C. § 909 : US Code - Notes

(Mar. 4, 1927, ch. 509, Sec. 9, 44 Stat. 1429; June 25, 1938, ch.
685, Sec. 6, 52 Stat. 1166; June 24, 1948, ch. 623, Sec. 3, 62
Stat. 602; July 26, 1956, ch. 735, Sec. 4, 70 Stat. 655; Pub. L. 87-
87, Sec. 2, July 14, 1961, 75 Stat. 203; Pub. L. 92-576, Secs.
5(d), 10, 20(c)(2), Oct. 27, 1972, 86 Stat. 1253, 1257, 1265; Pub.
L. 98-426, Secs. 9, 27(a)(2), Sept. 28, 1984, 98 Stat. 1647, 1654.)
AMENDMENTS
1984 - Pub. L. 98-426, Sec. 9(a), amended generally provision
preceding subsec. (a), striking out "or if the employee who
sustains permanent total disability due to the injury thereafter
dies from causes other than the injury," after "injury causes
death".
Subsec. (a). Pub. L. 98-426, Sec. 9(b), substituted "$3,000" for
"$1,000".
Subsec. (e). Pub. L. 98-426, Sec. 9(c), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: "In
computing death benefits the average weekly wages of the deceased
shall be considered to have been not less than the applicable
national average weekly wage as prescribed in section 906(b) of
this title but the total weekly benefits shall not exceed the
average weekly wages of the deceased".
Subsec. (g). Pub. L. 98-426, Sec. 27(a)(2), substituted
"Secretary" for "commission". See Transfer of Functions note set
out under section 902 of this title.
1972 - Pub. L. 92-576, Sec. 5(d), added to introductory provision
that the compensation shall be known as a death benefit if the
employee who sustains permanent total disability due to the injury
thereafter dies from causes other than the injury.
Subsec. (a). Pub. L. 92-576, Sec. 10(a), substituted "$1,000" for
"$400".
Subsec. (b). Pub. L. 92-576, Secs. 10(b), 20(c)(2), substituted
"50" for "35" per centum in three places and "16 2/3 " for "15" per
centum in two places and "widow or widower" for "surviving wife or
dependent husband" in three places.
Subsec. (c). Pub. L. 92-576, Secs. 10(b), 20(c)(2), substituted
"50" for "35" per centum in two places and "16 2/3 " for "15" per
centum and "widow or widower" for "surviving wife or dependent
husband".
Subsec. (d). Pub. L. 92-576, Secs. 10(c), 20(c)(2), in first
sentence, substituted "husband or child," and "husband" for
"dependent husband or child" and "dependent husband" and "20" for
"15" per centum, and inserted "and any other persons who satisfy
the definition of the term 'dependent' in section 152 of title 26,
but are not otherwise eligible under this section" after "time of
the injury," and "during such dependency" after "support of each
such person", and in second sentence, substituted "widow or
widower" for "surviving wife or dependent husband", respectively.
Subsec. (e). Pub. L. 92-576, Sec. 10(d), substituted "less than
the applicable national average weekly wage as prescribed in
section 906(b) of this title but the total weekly benefits shall
not exceed the average weekly wages of the deceased" for "more than
$105 nor less than $27 but the total weekly compensation shall not
exceed the weekly wages of the deceased".
1961 - Subsec. (e). Pub. L. 87-87 increased the maximum
limitation with respect to average weekly wages from "$81" to
"$105" in the computation of death benefits.
1956 - Subsec. (e). Act July 26, 1956, substituted "$81" for
"$52.50" and "$27" for "$18".
1948 - Subsec. (a). Act June 24, 1948, increased funeral expenses
from $200 to $400.
Subsec. (b). Act June 24, 1948, increased benefits to children of
deceased workmen from 10 percent to 15 percent.
Subsec. (c). Act June 24, 1948, increased death benefits of
orphaned children from 15 percent to 35 percent.
Subsec. (e). Act June 24, 1948, correlated basis for computing
death benefits with basis for computing disability benefits under
section 906(b) of this title.
1938 - Subsecs. (b) to (d). Act June 25, 1938, struck out
references to children as being under eighteen years of age.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 9 of Pub. L. 98-426 applicable with respect
to any death after Sept. 28, 1984, and amendment by section
27(a)(2) of Pub. L. 98-426 effective Sept. 28, 1984, see section
28(d), (e)(1) of Pub. L. 98-426, set out as a note under section
901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by section 20(c)(2) of Pub. L. 92-576 applicable only
with respect to deaths or injuries occurring after Oct. 27, 1972,
see section 20(c)(3) of Pub. L. 92-576, set out as a note under
section 902 of this title.
Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,
1972, see section 22 of Pub. L. 92-576, set out as a note under
section 902 of this title.
EFFECTIVE DATE OF 1961 AMENDMENT
Amendment by Pub. L. 87-87 effective as to death sustained on or
after July 14, 1961, see section 4 of Pub. L. 87-87, set out as a
note under section 906 of this title.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act July 26, 1956, applicable only with respect to
injuries and death occurring on or after July 26, 1956, see section
9 of act July 26, 1956, set out as a note under section 906 of this
title.
EFFECTIVE DATE OF 1948 AMENDMENT
Amendment by act June 24, 1948, applicable to death or injuries
occurring after June 24, 1948, see section 6 of act June 24, 1948,
set out as a note under section 906 of this title.