42 U.S.C. § 7385d — Election of remedy for beryllium employ-

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 cases filed after enactment of 2001 amendments (1) If an otherwise eligible individual files a tort case specified in subsection (d) after Decem- ber 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 fol- lows: 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 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. (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 administra- tive or judicial proceeding under a State or Fed- eral 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.) Editorial Notes AMENDMENTS 2001—Subsecs. (a) to (d). Pub. L. 107–107 amended headings and text of subsecs. (a) to (d) generally, sub- stituting present provisions for provisions relating to election to file suit in subsec. (a), applicable time lim- its in subsec. (b), dismissal of claims in subsec. (c), and dismissal of pending suit in subsec. (d). § 7385e. Certification of treatment of payments under other laws Compensation or benefits provided to an indi- vidual under this subchapter— (1) shall be treated for purposes of the inter- nal revenue laws of the United States as dam- ages for human suffering; and (2) shall not be included as income or re- sources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31 or the amount of such benefits. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3646], Oct. 30, 2000, 114 Stat. 1654, 1654A–510; Pub. L. 108–375, div. C, title XXXI, § 3162(e), Oct. 28, 2004, 118 Stat. 2186.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 substituted ‘‘this subchapter’’ for ‘‘part B’’. § 7385f. Claims not assignable or transferable; choice of remedies (a) Claims not assignable or transferable No claim cognizable under this subchapter shall be assignable or transferable. (b) Choice of remedies No individual may receive more than one pay- ment of compensation under part B. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3647], Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L. 108–375, div. C, title XXXI, § 3162(f), Oct. 28, 2004, 118 Stat. 2186.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–375 substituted ‘‘this subchapter’’ for ‘‘part B’’. § 7385g. Attorney fees (a) General rule Notwithstanding any contract, the representa- tive of an individual may not receive, for serv- ices rendered in connection with the claim of an