[Congressional Record Volume 145, Number 2 (Thursday, January 7, 1999)]
[Extensions of Remarks]
[Page E50]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                BLACK LUNG BENEFITS SURVIVORS EQUITY ACT

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                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                       Wednesday, January 6, 1999

  Mr. RAHALL. Mr. Speaker, today I am introducing legislation aimed at 
providing equity in the treatment of benefits for eligible survivors of 
recipients of black lung benefits. In past Congresses, I have 
introduced legislation to make more comprehensive reforms to the 
federal black lung benefits program in an effort to make it more 
responsive to those who suffer from this crippling disease. However, in 
light of a pending Labor Department rulemaking in this area, I am 
withholding the introduction of that comprehensive bill at this time. 
In this regard, I believe that some comity is in order as we wait the 
promulgation of final rules under that proceeding. In the interim, the 
bill I am introducing today is very limited in scope.
  In 1981, Congress amended the Black Lung Benefits Act in several 
respects. Facing insolvency, at the time the driving motivation for the 
legislation was to shore up the Black Lung Disability Trust Fund 
through which benefit payments are made to beneficiaries where mine 
employment terminated prior to 1970, or where no mine operator can be 
assigned liability. Through a variety of measures, solvency was 
restored as a result of those 1981 amendments which had the support of 
the United Mine Workers of America as well as most of the coal 
industry. Yet, one provision of the 1981 Act in particular was most 
troublesome. This provision involved the treatment of surviving spouses 
of deceased coal miner beneficiaries and the manner by which they could 
continue to receive black lung benefits.
  As it now stands, due to the 1981 amendments, there is a dual and 
inequitable standard governing how benefits are handled for surviving 
spouses of deceased beneficiaries. In the event a beneficiary died 
prior to January 1, 1982--the effective date of the 1981 Act--benefits 
continued uninterrupted to the surviving spouse. However, if the 
beneficiary dies after January 1, 1982, the surviving spouse must file 
a new claim in order to try to continue receiving the benefits and must 
prove that the miner died as a result of black lung disease despite the 
fact that the miner was already deemed eligible to receive benefits 
prior to death. This is illogical, unfair and outright insane.
  The legislation I am introducing today simply removes the requirement 
that a surviving spouse must refile a claim in order to continue 
receiving benefits. It provides for equitable treatment and recognizes 
that since the Black Lung Trust Fund is very solvent, there is no need 
to penalize beneficiaries any further.

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