---
kind: "section"
citation: "20 C.F.R. § 30.618"
title: "20"
number: "30.618"
heading: "What happens if this type of tort suit was filed after December 28, 2001?"
url: "https://uscodex.org/cfr/20/30.618"
---

# §30.618. What happens if this type of tort suit was filed after December 28, 2001?

- (a) If a tort suit described in [§ 30.615](/cfr/20/30.615.md) was filed after December 28, 2001, the claimant or claimants will be disqualified from receiving any benefits under Part B of EEOICPA if a judgment is entered against them.
- (b) If a tort suit described in [§ 30.615](/cfr/20/30.615.md) was filed after December 28, 2001 and a judgment has not yet been entered against the claimant or claimants, they will also be disqualified from receiving any benefits under Part B of EEOICPA unless, prior to entry of any judgment, they dismiss all claims arising out of a covered Part B employee's employment-related exposure to beryllium or radiation that are included in the tort suit on or before the last permissible date described in [paragraph (c)](#c) of this section.
- (c) **The last permissible date is the later of—**
  - (1) April 30, 2003; or
  - (2) The date that is 30 months after the date the claimant or claimants first became aware that an illness of the covered Part B employee may be connected to his or her exposure to beryllium or radiation covered by EEOICPA. For purposes of determining when this 30-month period begins, “the date the claimant or claimants first became aware” will be deemed to be the date they received either a reconstructed dose from NIOSH, or a diagnosis of a covered beryllium illness, as applicable.

## Notes

### Amendments

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3053, Feb. 8, 2019]

### Authority

Authority: 5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C. 7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-2009, 74 FR 58834.

### Source

Source: 71 FR 78534, Dec. 29, 2006, unless otherwise noted.

### Amendments

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3053, Feb. 8, 2019]