Page:United States Statutes at Large Volume 115 Part 2.djvu/390

 115 STAT. 1374 PUBLIC LAW 107-107—DEC. 28, 2001 Effective date. 42 USC 7384^ note. "(ii) at least one child of the covered employee who is living and a minor at the time of payment and who is not a recognized natural child or adopted child of such surviving spouse, then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the covered employee who is living and a minor at the time of payment. "(2) If a covered employee eligible for payment dies before filing a claim under this title, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment. "(3) For purposes of this subsection— "(A) the 'spouse' of an individual is a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual; "(B) a 'child' includes a recognized natural child, a stepchild who lived with an individual in a regular peirent-child relationship, and an adopted child; "(C) a 'parent' includes fathers and mothers through adoption; "(D) a 'grandchild' of an individual is a child of a child of that individual; and "(E) a 'grandparent' of an individual is a parent of a parent of that individuEd.". (C) Paragraph (18) of section 3621 (114 Stat. 1654A- 502; 42 U.S.C. 73841) is repealed. (D) The amendments made by this paragraph shall take effect on July 1, 2001. (5) ELECTION OF REMEDIES.— Section 3645 (114 Stat. 1654A-510; 42 U.S.C. 7385d) is amended by amending subsections (a) through (d) to read as follows: "(a) EFFECT OF TORT CASES FILED BEFORE ENACTMENT OF ORIGINAL LAW.—(1) Except as provided in pgiragraph (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 subtitle B. "(2) If such tort case remedned pending as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002, and such individual does not dismiss such tort case before December 31, 2003, such individual shall not be eligible for such compiBnsation 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 the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002, 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.

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