(a)(1) In any case in which an operator fails to pay benefits that
are due (Sec. 725.502), the beneficiary shall also be entitled to
simple annual interest, computed from the date on which the benefits
were due. The interest shall be computed through the date on which the
operator paid the benefits, except that the beneficiary shall not be
entitled to interest for any period following the date on which the
beneficiary received payment of any benefits from the fund pursuant to
Sec. 725.522.
(2) In any case in which an operator is liable for the payment of
retroactive benefits, the beneficiary shall also be entitled to simple
annual interest on such benefits, computed from 30 days after the date
of the first determination that such an award should be made. The first
determination that such an award should be made may be a district
director's initial determination of entitlement, an award made by an
administrative law judge or a decision by the Board or a court,
whichever is the first such determination of entitlement made upon the
claim.
(3) In any case in which an operator is liable for the payment of
additional compensation (Sec. 725.607), the beneficiary shall also be
entitled to simple annual interest computed from the date upon which
the beneficiary's right to additional compensation first arose.
(4) In any case in which an operator is liable for the payment of
medical benefits, the beneficiary or medical provider to whom such
benefits are owed shall also be entitled to simple annual interest,
computed from the date upon which the services were rendered, or from
30 days after the date of the first determination that the miner is
generally entitled to medical benefits, whichever is later. The first
determination that the miner is generally entitled to medical benefits
may be a district director's initial determination of entitlement, an
award made by an administrative law judge or a decision by the Board or
a court, whichever is the first such determination of general
entitlement made upon the claim. The interest shall be computed through
the date on which the operator paid the benefits, except that the
beneficiary or medical provider shall not be entitled to interest for
any period following the date on which the beneficiary or medical
provider received payment of any benefits from the fund pursuant to
Sec. 725.522 or Subpart I of this part.
(b) If an operator or other employer fails or refuses to pay any or
all benefits due pursuant to an award of benefits or an initial
determination of eligibility made by the district director and the fund
undertakes such payments, such operator or other employer shall be
liable to the fund for simple annual interest on all payments made by
the fund for which such operator is determined liable, computed from
the first date on which such benefits are paid by the fund, in addition
to such
operator's liability to the fund, as is otherwise provided in this
part. Interest payments owed pursuant to this paragraph shall be paid
directly to the fund.
(c) In any case in which an operator is liable for the payment of
an attorney's fee pursuant to Sec. 725.367, and the attorney's fee is
payable because the award of benefits has become final, the attorney
shall also be entitled to simple annual interest, computed from the
date on which the attorney's fee was awarded. The interest shall be
computed through the date on which the operator paid the attorney's
fee.
(d) The rates of interest applicable to paragraphs (a), (b), and
(c) of this section shall be computed as follows:
(1) For all amounts outstanding prior to January 1, 1982, the rate
shall be 6% simple annual interest;
(2) For all amounts outstanding for any period during calendar year
1982, the rate shall be 15% simple annual interest; and
(3) For all amounts outstanding during any period after calendar
year 1982, the rate shall be simple annual interest at the rate
established by section 6621 of the Internal Revenue Code (26 U.S.C.)
which is in effect for such period.
(e) The fund shall not be liable for the payment of interest under
any circumstances, other than the payment of interest on advances from
the United States Treasury as provided by section 9501(c) of the
Internal Revenue Code (26 U.S.C.).
