§7385d. Election of remedy for beryllium employees and atomic weapons employees
(a) Election to file suit
If a tort case is filed after October 30, 2000, alleging a claim referred to in section 7385b of this title against a beryllium vendor or atomic weapons employer, the plaintiff shall not be eligible for compensation or benefits under part B unless the plaintiff files such case within the applicable time limits in subsection (b) of this section.
(b) Applicable time limits
A case described in subsection (a) of this section shall be filed not later than the later of-
(1) the date that is 30 months after October 30, 2000; or
(2) the date that is 30 months after the date the plaintiff 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.
(c) Dismissal of claims
Unless a case filed under subsection (a) of this section is dismissed prior to the time limits in subsection (b) of this section, the plaintiff shall not be eligible for compensation under part B.
(d) Dismissal of pending suit
If a tort case was filed on or before October 30, 2000, alleging a claim referred to in section 7385b of this title against a beryllium vendor or atomic weapons employer, the plaintiff shall not be eligible for compensation or benefits under part B unless the plaintiff dismisses such case not later than December 31, 2003.
(e) Workers' compensation
This section does not apply to an administrative or judicial proceeding under a State or Federal workers' compensation law.
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