Title 33Navigation and Navigable WatersRelease 119-73

§917 Lien against compensation

Title 33 › Chapter CHAPTER 18— - LONGSHORE AND HARBOR WORKERS’ COMPENSATION › § 917

Last updated Apr 6, 2026|Official source

Summary

Secretary must claim compensation to repay a trust under section 186(c), title 29, from a CBA when benefits are repaid because of compensation or settlement.

Full Legal Text

Title 33, §917

Navigation and Navigable Waters — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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 L. 95–598 repealed provision for lien of person entitled to compensation without limit of amount against assets of carrier or employer and for preference and priority in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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 917

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73