§ 917. — Lien against compensation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC917]
TITLE 33--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 L. 95-598 repealed provision for lien of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.
Section Referred to in Other Sections
This section is referred to in section 933 of this title.
