Summary
Makes certain amendments to the Black Lung Benefits Act and applies these amendments to specified types of claims filed after January 1, 2005, that are pending on or after the date of ACA enactment (March 23, 2010).
Implementation Status
DOL’s Division of Coal Mine Workers’ Compensation created a website noting its implementation of this provision and issued an FAQ regarding ACA changes to the Black Lung Benefits Act.
On March 30, 2012, DOL issued a proposed rule regarding the changes in this section.
Statutory Text
SEC. 1556. EQUITY FOR CERTAIN ELIGIBLE SURVIVORS.
(a) REBUTTABLE PRESUMPTION.—Section 411(c)(4) of the Black
Lung Benefits Act (30 U.S.C. 921(c)(4)) is amended by striking the
last sentence.
(b) CONTINUATION OF BENEFITS.—Section 422(l) of the Black
Lung Benefits Act (30 U.S.C. 932(l)) is amended by striking ‘‘, except
with respect to a claim filed under this part on or after the
effective date of the Black Lung Benefits Amendments of 1981’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to claims filed under part B or part C of
the Black Lung Benefits Act (30 U.S.C. 921 et seq., 931 et seq.)
after January 1, 2005, that are pending on or after the date of enactment
of this Act.