42 U.S.C. § 7385d — Election of remedy for beryllium employees and atomic weapons employees
submitted 26 years ago by Pub. L. 106-398 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 482 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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.
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.
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.
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.
The last permissible date referred to in paragraph (2) is the later of the following dates:
April 30, 2003.
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.
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.
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.
The last permissible date referred to in paragraph (2) is the later of the following dates:
April 30, 2003.
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.
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*.
This section does not apply to an administrative or judicial proceeding under a State* or Federal workers’ compensation law.
Source credit: (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3645], Oct. 30, 2000, 114 Stat. 1654, 1654A–510; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(5), Dec. 28, 2001, 115 Stat. 1374.)
- 2000Enacted · Pub. L. 106-398 · 114 Stat. 1654, 1654
- 2001Amended · Pub. L. 107-107 · 115 Stat. 1374
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-398 on 2000-10-30.
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