(a) Effect of tort cases filed before enactment of original law
(b) Effect of tort cases filed between enactment of original law and enactment of 2001 amendments
(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:
(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) Effect of tort cases filed after enactment of 2001 amendments
(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:
(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) Covered tort cases
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) Workers’ compensation
This section does not apply to an administrative or judicial proceeding under a State or Federal workers’ compensation law.
(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.)