[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 266 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 266

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 5, 1993

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.''.

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