Black Lung Benefits Equity Act

Black Lung Benefits Equity Act - Amends the Black Lung Benefits Act to provide that, when benefits are paid for at least two years after an initial determination of eligibility, repayment of such benefits will not be required even upon a final determination of ineligibility.

 
HR 451 IH
102d CONGRESS
1st Session
 H. R. 451
To amend the Black Lung Benefits Act to provide that when benefits are paid
for at least two years after an initial determination of eligibility for
such benefits the benefits will not be required to be repaid upon a final
determination of ineligibility for benefits, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1991
Mr. MCCLOSKEY introduced the following bill; which was referred to the
Committee on Education and Labor
A BILL
To amend the Black Lung Benefits Act to provide that when benefits are paid
for at least two years after an initial determination of eligibility for
such benefits the benefits will not be required to be repaid upon a final
determination of ineligibility for benefits, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Black Lung Benefits Equity Act'.
SEC. 2. BENEFIT REPAYMENT.
  Part C of the Black Lung Benefits Act is amended by adding at the end
  the following:
  `SEC. 436. (a) In the administration of the benefits payable under this
  part, if a claimant receives benefits under this part for at least two
  years before final adjudication of the claim for benefits is made and if
  the final adjudication is that the claimant is ineligible for benefits,
  the payment of such benefits to the claimant shall not be considered an
  overpayment of benefits and the claimant shall not be legally responsible
  for the return of such benefits.
  `(b) If, before the date of the enactment of this section, a claimant
  received benefits under this part for at least two years before a final
  adjudication of the claim for benefits was made, the claimant will not
  be required to repay such benefits. If, before the date of the enactment
  of this section, a claimant who received benefits under this part for at
  least two years before final adjudication of the claim for benefits was
  made was required under regulations of the Secretary to repay the benefits
  as an overpayment of benefits, the Secretary shall refund to the claimant
  the amount repaid by the claimant.'.