§ 7385d. Election of remedy for beryllium employees and atomic weapons employees

• (a)
  • (1) Except as provided in paragraph (2), if an otherwise eligible individual filed a tort case specified in subsection (d) before October 30, 2000 , such individual shall be eligible for compensation and benefits under part B.
  • (2) If such tort case remained pending as of December 28, 2001 , and such individual does not dismiss such tort case before December 31, 2003 , such individual shall not be eligible for such compensation or benefits.
• (b)
  • (1) Except as provided in paragraph (2), if an otherwise eligible individual filed a tort case specified in subsection (d) during the period beginning on October 30, 2000 , and ending on December 28, 2001 , such individual shall not be eligible for such compensation or benefits.
  • (2) If such individual dismisses such tort case on or before the last permissible date specified in paragraph (3), such individual shall be eligible for such compensation or benefits.
  • (3) The last permissible date referred to in paragraph (2) is the later of the following dates:
    • (A) April 30, 2003 .
    • (B) The date that is 30 months after the date the individual first becomes aware that an illness covered by part B of a covered employee may be connected to the exposure of the covered employee in the performance of duty under section 7384n of this title .
• (c)
  • (1) If an otherwise eligible individual files a tort case specified in subsection (d) after December 28, 2001 , such individual shall not be eligible for such compensation or benefits if a final court decision is entered against such individual in such tort case.
  • (2) If such a final court decision is not entered, such individual shall nonetheless not be eligible for such compensation or benefits, except as follows: If such individual dismisses such tort case on or before the last permissible date specified in paragraph (3), such individual shall be eligible for such compensation and benefits.
  • (3) The last permissible date referred to in paragraph (2) is the later of the following dates:
    • (A) April 30, 2003 .
    • (B) The date that is 30 months after the date the individual first becomes aware that an illness covered by part B of a covered employee may be connected to the exposure of the covered employee in the performance of duty under section 7384n of this title .
• (d) A tort case specified in this subsection is a tort case alleging a claim referred to in section 7385b of this title against a beryllium vendor or atomic weapons employer.
• (e) This section does not apply to an administrative or judicial proceeding under a State or Federal workers’ compensation law.