TITLE 33 > CHAPTER 18 > § 917

 
                NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
 
Sec. 917. Lien against compensation

    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.

(Mar. 4, 1927, ch. 509, Sec. 17, 44 Stat. 1434; June 25, 1938, ch. 685, 
Sec. 8, 52 Stat. 1167; Pub. L. 92-576, Sec. 20(b), Oct. 27, 1972, 86 
Stat. 1264; Pub. L. 95-598, title III, Sec. 324, Nov. 6, 1978, 92 Stat. 
2679; Pub. L. 98-426, Sec. 14, Sept. 28, 1984, 98 Stat. 1649.)


                               Amendments

    1984--Pub. L. 98-426 struck 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 L. 95-598 repealed provision for lien of 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. 92-576 designated 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. 98-426 effective 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) of Pub. L. 98-426, set out as a note 
under section 901 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 
402(a) of Pub. 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. 92-576 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.