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

Summary

If you sued a beryllium vendor or an atomic weapons employer before October 30, 2000, you can get benefits under Part B. But if your case was still open on December 28, 2001 and you did not drop it by December 31, 2003, you lose that right. If you sued between October 30, 2000 and December 28, 2001, you are not eligible unless you dismiss the suit by the later of April 30, 2003 or 30 months after you first learn your illness might be linked to exposure. If you sued after December 28, 2001, you lose eligibility if a final court decision goes against you. If there is no final decision, you can still become eligible only by dismissing the suit by that same deadline. These rules do not apply to state or federal workers’ compensation cases.