§7385d Election of Remedy for Beryllium Employees and Atomic Weapons Employees

Summary

Controls when people who sued a beryllium vendor or an atomic weapons employer can get Part B benefits. If a person who would otherwise qualify filed such a tort suit before October 30, 2000, they can get benefits unless the suit was still pending on December 28, 2001 and they did not dismiss it before December 31, 2003. For suits filed from October 30, 2000 through December 28, 2001, the person cannot get benefits unless they dismiss the suit by the later of April 30, 2003 or 30 months after they first learn the illness may be linked to exposure under section 7384n. For suits filed after December 28, 2001, a final court judgment against the person blocks benefits; if there is no final judgment, the person still loses benefits unless they dismiss the suit by the same deadline described above. A "covered tort case" means a claim against a beryllium vendor or an atomic weapons employer. This rule does not apply to state or federal workers’ compensation cases.