Monthly additions Supplements to children: Child entitled who is over 18 but was rendered totally incapable of self-support before age 18. $64 If there is a widow and child over 18, but who was rendered totally incapable of self-support before age 18. 108 If there is a widow and child, child between ages of 18 and 23 years is attending an accredited educational institution.. 55 C. Dependent parents. One dependent parent (or, one dependent parent remarried and living with his spouse 1): Annual countable income: $0 to $800_ _ _ $801 to $1,000__ $123. Monthly benefit $123, less 3 percent of annual income in excess of $800. $117, less 4 percent of annual income in excess of $1,000. $105, less 5 percent of annual income in excess of $1,300. $90, less 6 percent of annual income in excess of $1,600. $78, less 7 percent of annual income in excess of $1,800. $64, less 8 percent of annual income in excess of $2,000. $4. $0. Two dependent parents not living together: Annual countable income of each parent: Monthly benefit for each parent $86, less 2 percent of annual income in excess of $800. $80, less 4 percent of annual income in excess of $1,100. $40, less 5 percent of annual income in excess of $2,100. $20, less 6 percent of annual income in excess of $2,500. $4. $0. Two dependent parents living together (or, one dependent parent, remarried and living with his spouse 1): Combined annual countable income of both 1 A dependent parent who has remarried and lives with his spouse can choose to be treated either as a single parent or as a married couple living together. SPECIAL BENEFITS FOR DISABLED COAL MINERS BASIC PROGRAM INFORMATION LEGISLATIVE OBJECTIVE.-To replace income lost to persons working in coal mines because they have become totally disabled because of pneumoconiosis (black lung disease) and to replace income lost to widows, children, parents, brothers, and sisters of miners 2 died of this disease or who were totally disabled from it at the time of their death. 1 DATE ENACTED AND MAJOR CHANGES SINCE ENACTMENT. The original legislation enacted in 1969 provided for temporary Federal administration of the program, with a termination date of December 30, 1976. Major changes were enacted in 1972, one of which extended the termination date to December 30, 1981. During the period prior to 1981, individual States have the option of assuming administrative responsibility for the program through their workmen's compensation mechanisms, provided they enact legislation which meets the standards in the law. None of the States have yet come into complete compliance. ADMINISTERING AGENCIES.-The Social Security Administration of the Department of Health, Education, and Welfare is responsible for the payment and administration of all benefit claims filed before July 1, 1973, and for certain survivors' claims filed thereafter, through district and branch offices. The Department of Labor is responsible for new miners' claims filed on or after July 1, 1973, and for certain survivors' claims filed on or after January 1, 1974. Claims for miners' and survivors' benefits (either with SSA or DOL) may be filed through social security district and branch offices. FINANCING. Benefits payable by the Social Security Administration are financed through open-ended Federal appropriations. Coal mine operators or their insurers are liable after December 31, 1973, for payment of benefits for new miners' claims filed after June 30, 1973, and for certain survivors' claims filed after December 31, 1973. Where the Department of Labor cannot affix operator liability or where a State has not enacted legislation to provided adequate coverage for pneumoconiosis, payments to beneficiaries are made from Federal general funds. 1 The term "widow" means the wife living with or dependent for support on the deceased at the time of his death, or living apart for reasonable cause or because of his desertion, or who is the mother of his child, or who was married to him for 9 months, and who is not married. 2 The term "miner" means any individual who is or was employed in a coal mine. Costs ELIGIBILITY CRITERIA MAJOR ELIGIBILITY CONDITIONS. To be eligible for the program a beneficiary must be (1) a coal miner who is totally disabled due to to pneumoconiosis arising out of employment in one or more of the Nation's coal mines; or (2) a widow, orphan, dependent parent, brother, or sister of a coal miner who was totally disabled from pneumoconiosis at the time of his death or whose death was due to pneumoconiosis (death is determined to be due to pneumoconiosis where an autopsy, biopsy, chest roentgenorgram, or similar diagnosis. indicates the disease, or where the miner has worked in coal mines for 10 years or more and dies of a respiratory disease). Miners' and widows' benefits are increased where there are dependents. PERSONS INCLUDED.-Eligible coal miners, widows, and dependent children are included in the program. Dependent children are children. of miners who are unmarried and (1) under 18 years of age; or (2) incapable of self-support because of physical or mental disability arising before age 18 or before the child ceased to be a student; or (3) a student under 23 years of age. The priority of survivors' eligibility for benefits are as follows: An orphan is eligible for benefits for every month for which no entitlement to widow's benefits has been established, a parent is eligible if at the time of the miner's death there is no surviving widow or child, and a brother or sister is eligible if at the time of the miner's death there is no surviving widow, child, or parent. INCOME TEST Income limits.-Countable income from specified sources may not exceed the amount of the benefit. Benefit amounts as of November 1974 are as follows: $187.40 per month for a miner with no dependents, $281.10 for a miner or widow with one dependent, $328.00 for a miner or widow with two dependents, and $374.80 for a miner or widow with three or more dependents. Treatment of earned income.-Benefits are subject to reduction on account of the miner's excess earnings or the miner's parent's, brother's, or sister's excess earnings as indicated under the social security retirement test; that is, benefits are reduced by one-half of annual earnings in excess of $2,400 (or $200 per month). This provision does not apply to earnings of wives, widows, or children of miners receiving benefits, or to miners receiving part C benefits under the Department of Labor program. Treatment of unearned income.-Benefits of a miner, widow, child, parent, brother, or sister are reduced by the amount of the State workmen's compensation payments, unemployment compensation, or State disability insurance payments received because of the miner's disability. Other unearned income is ignored 3 (see table 1). Benefits under the Department of Labor's part C program are only reduced by State workmen's compensation awards paid on account of pneumoconiosis. Disabled miners may receive social security benefits as well as coal miners' disability benefits. Black lung benefits are not considered to be workmen's compensation for purposes of the offset provisions of the social security law. TABLE 1.-TREATMENT OF INCOME UNDER PART B BENEFITS FOR DISABLED COAL MINERS PROGRAM In determining eligibility for and amount of these benefits, current income is taken into account as follows Sources of income 1. Income of primary beneficiary: (a) From gross earnings. (b) From property.. (c) From public transfers: (1) Workman's compensation. (ii) Unemployment compensation. (d) From private transfers. 2. Income of dependents: (a) From gross earnings. (b) From other sources. Uses of income: Uses of income by beneficiaries or dependents have no effect on benefit levels or eligibility. 1 Benefit levels do not decline for annual earnings up to $2,400; decline 50¢ for each dollar earned above $2,400 in each month in which earnings exceed $200. 2 Benefits are reduced by the amount of workmen's compensation, unemployment compensation, and State disability insurance. 3 The same treatment as in (a) applies to earnings of miner's parents, brothers, and sisters. Earnings of wives, widows, or children are not subject to benefit reductions. Accounting period. The accounting period is monthly, except that when State compensation or unemployment benefits are not paid at monthly intervals, the most appropriate period is used. ASSETS TEST.-There is none. OTHER CONDITIONS Rebuttable presumption.-If a miner had been employed for 15 years in underground coal mining or in equally dusty surface coal mining, and if evidence shows totally disabling respiratory or pulmonary impairment, it is presumed that he is, or at the time of his death was, totally disabled from pneumoconiosis. Acceptance of training or rehabilitation. There is none required, but may be made available to the beneficiary. Citizenship.-There is no requirement. Institutional status.-There is no limitation of benefits for persons in institutions. Residence requirements.-There are none. CASH BENEFITS BENEFITS AND SERVICES Primary determinants of the amount of benefit.-The basic benefit paid to a miner or widow with no dependents and no countable income is 50 percent of the minimum monthly benefit payable to a totally disabled Federal employee in grade GS-2 under the Federal Employee's Compensation Act. Relationship of benefit amount to family size. The basic benefit payable to a miner or widow is increased by 50 percent if the miner or widow has one qualified dependent, by 75 percent if there are two dependents; and by 100 percent for three or more dependents. If there is no widow, the basic benefit for a child is the same as for a miner. Where there are additional children, the benefits are increased but the total benefit amount (not to exceed 200 percent of the basic amount) is divided equally among the children. Benefits for parents, brothers, and sisters are the same as those payable to the children. Relationship of benefit amount to place of residence.-Benefits are uniform nationally. Relationship of benefit amount to cost-of-living changes.-Benefits are increased as the cost-of-living increases or other adjustments are made in the Federal GS-2 salary schedule. Since its enactment in 1969, the basic benefit has increased from $144.50 to $187.40 per month. Amount of benefits.-The basic monthly benefit to a disabled miner or widow with no countable income and no dependents is $187.40; to a miner or widow with one dependent, $281.10; with two dependents, $328.00; with three or more dependents, $374.80. The average monthly payment to miners and their families was $252.00 in August 1974. Comparison of amounts of benefits to the poverty level. For a coal miner or widow with no other income, the amount of benefit received is equivalent to the poverty level. However, since more than 80 percent of the beneficiaries also receive social security benefits, the majority of beneficiaries have total incomes above the poverty level. (See supplementary tables 1-3.) For example, in December 1971, miners and their wives receiving both black lung and social security benefits averaged $2,755 annually from black lung and $2,630 annually from social security, for an average total of $5,385. SUPPLEMENTARY MATERIAL TABLE 1.-BLACK LUNG BENEFITS TO MINERS AND WIDOWS IN CURRENT-PAYMENT STATUS ALSO RECEIVING BENEFITS UNDER THE SOCIAL SECURITY PROGRAM, DECEMBER 1971 |