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42 U.S.C. § 7385f — Election of remedy for beryllium employees and atomic weapons employees

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7385f — Election of remedy for beryllium employees and atomic weapons employees

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Stable record: federal_law:legal_authorities:record_usc_5d09cdfab84a7757b4c88a47
Source file: Laws/federal/codes/united-states-code/title-42/section-7385f-election-of-remedy-for-beryllium-employees-and-atomic-weapons-employees--96d1d402fb.md
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Source location: Title 42, Chapter 84, § 7385f; chapter-084-department-of-energy.md

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**(a) Effect of tort cases filed before enactment of original law** (1) 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. (2) 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. **(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: (A) April 30, 2003. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384n&num=0&edition=prelim). **(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: (A) April 30, 2003. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384n&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7385b&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7385b — Offset for certain payments

A payment of compensation to an individual, or to a survivor of that individual, under this subchapter shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker’s compensation), against any person, that is based on injuries incurred by that individual on account of the exposure for which compensation is payable under this subchapter.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7384n — Definitions for program administration

In this subchapter: (1) The term “covered employee” means any of the following: (A) A covered beryllium employee. (B) A covered employee with cancer. (C) To the extent provided in [section 7384r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384r&num=0&edition=prelim), a covered employee with chronic silicosis (as defined in that section). (2) The term “atomic weapon” has the meaning given that term in [section 2014(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/d&num=0&edition=prelim). (3) The term “atomic weapons employee” means any of the following: (A) An individual employed by an atomic weapons employer during a period when the employer was processing or producing, for the use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling. (B) An individual employed— (i) at a facility with respect to which the National Institute for Occupational Safety and Health, in its report dated October 2003 and titled “Report on Residual Radioactive and Beryllium Contamination at Atomic Weapons Employer Facilities and Beryllium Vendor Facilities”, or any update to that report, found that there is a potential for significant residual contamination outside of the period in which weapons-related production occurred; (ii) by an atomic weapons employer or subsequent owner or operators of a facility described in clause (i); and (iii) during a period, as specified in such report or any update to such report, of potential for significant residual radioactive contamination at such facility. (4) The term “atomic weapons employer” means an entity, other than the United States, th

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7385f — Claims not assignable or transferable;

Page 7149 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7385g 108–375, div. C, title XXXI, § 3162(d), Oct. 28, 2004, 118 Stat. 2186.) Editorial Notes AMENDMENTS 2004—Subsec. (d). Pub. L. 108–375 added subsec. (d). § 7385d. Election of remedy for beryllium employ- ees and atomic weapons employees (a) Effect of tort cases filed before enactment of original law (1) 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 com- pensation and benefits under part B. (2) If such tort case remained pending as of De- cember 28, 2001, and such individual does not dis- miss such tort case before December 31, 2003, such individual shall not be eligible for such compensation or benefits. (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 be- ginning on October 30, 2000, and ending on De- cember 28, 2001, such individual shall not be eli- gible 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: (A) April 30, 2003. (B) The date that is 30 months after the date the individual first becomes aware that an ill- ness covered by part B of a covered employee may be connected to the exposure of the cov- ered employee in the performance of duty under section 7384n of this title. (c) Effect of tort case

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