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38 U.S.C. § 1980 — Option to receive accelerated death benefit

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

38 U.S.C. § 1980 — Option to receive accelerated death benefit

**(a)** For the purpose of this section, a person shall be considered to be terminally ill if the person has a medical prognosis such that the life expectancy of the person is less than a period prescribed by the Secretary. The maximum length of such period may not exceed 12 months. **(b)** (1) A terminally ill person insured under Servicemembers’ Group Life Insurance or Veterans’ Group Life Insurance may elect to receive in a lump-sum payment a portion of the face value of the insurance as an accelerated death benefit. (2) The Secretary shall prescribe the maximum amount of the accelerated death benefit available under this section that the Secretary finds to be administratively practicable and actuarially sound, but in no event may the amount of the benefit exceed the amount equal to 50 percent of the face value of the person’s insurance in force on the date the election of the person to receive the benefit is approved. (3) A person making an election under this section may elect to receive an amount that is less than the maximum amount prescribed under paragraph (2). The Secretary shall prescribe the increments in which a reduced amount under this paragraph may be elected. **(c)** The portion of the face value of insurance which is not paid in a lump sum as an accelerated death benefit under this section shall remain payable in accordance with the provisions of this chapter. **(d)** Deductions under [section 1969 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1969&num=0&edition=prelim) and premiums under [section 1977(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1977/c&num=0&edition=prelim) shall be reduced, in a manner consistent with the percentage reduction in the fa

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Stable record: federal_law:legal_authorities:record_usc_0c72e1fa087b643a0477eb90
Source file: Laws/federal/codes/united-states-code/title-38/section-1980-option-to-receive-accelerated-death-benefit--23a73fbe57.md
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Source location: Title 38, Chapter 19, § 1980; chapter-019-insurance.md

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**(a)** For the purpose of this section, a person shall be considered to be terminally ill if the person has a medical prognosis such that the life expectancy of the person is less than a period prescribed by the Secretary. The maximum length of such period may not exceed 12 months. **(b)** (1) A terminally ill person insured under Servicemembers’ Group Life Insurance or Veterans’ Group Life Insurance may elect to receive in a lump-sum payment a portion of the face value of the insurance as an accelerated death benefit. (2) The Secretary shall prescribe the maximum amount of the accelerated death benefit available under this section that the Secretary finds to be administratively practicable and actuarially sound, but in no event may the amount of the benefit exceed the amount equal to 50 percent of the face value of the person’s insurance in force on the date the election of the person to receive the benefit is approved. (3) A person making an election under this section may elect to receive an amount that is less than the maximum amount prescribed under paragraph (2). The Secretary shall prescribe the increments in which a reduced amount under this paragraph may be elected. **(c)** The portion of the face value of insurance which is not paid in a lump sum as an accelerated death benefit under this section shall remain payable in accordance with the provisions of this chapter. **(d)** Deductions under [section 1969 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1969&num=0&edition=prelim) and premiums under [section 1977(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1977/c&num=0&edition=prelim) shall be reduced, in a manner consistent with the percentage reduction in the face value of the insurance as a result of payment of an accelerated death benefit under this section, effective with respect to any amounts which would otherwise become due on or after the date of payment under this section. **(e)** The Secretary shall prescribe regulations to carry out this section. Such regulations shall include provisions regarding— (1) the form and manner in which an application for an election under this section shall be made; and (2) the procedures under which any such application shall be considered. **(f)** (1) An election to receive a benefit under this section shall be irrevocable. (2) A person may not make more than one election under this section, even if the election of the person is to receive less than the maximum amount of the benefit available to the person under this section. **(g)** If a person insured under Servicemembers’ Group Life Insurance elects to receive a benefit under this section and the person’s Servicemembers’ Group Life Insurance is thereafter converted to Veterans’ Group Life Insurance as provided in [section 1968(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1968/b&num=0&edition=prelim), the amount of the benefit paid under this section shall reduce the amount of Veterans’ Group Life Insurance available to the person under [section 1977(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1977/a&num=0&edition=prelim). **(h)** Notwithstanding any other provision of law, the amount of the accelerated death benefit received by a person under this section shall not be considered income or resources for purposes of determining eligibility for or the amount of benefits under any Federal or federally-assisted program or for any other purpose.

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

38 U.S.C. § 1970 — Beneficiaries; payment of insurance

**(a)** Any amount of insurance under this subchapter in force on any member or former member on the date of the insured’s death shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date of the insured’s death, in the following order of prec­edence:First, to the beneficiary or beneficiaries as the member or former member may have designated by a writing received prior to death (1) in the uniformed services if insured under Servicemembers’ Group Life Insurance, or (2) in the administrative office established under [section 1966(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1966/b&num=0&edition=prelim) if separated or released from service, or if assigned to the Retired Reserve, and insured under Servicemembers’ Group Life Insurance, or if insured under Veterans’ Group Life Insurance; Second, if there be no such beneficiary, to the widow or widower of such member or former member; Third, if none of the above, to the child or children of such member or former member and descendants of deceased children by representation; Fourth, if none of the above, to the parents of such member or former member or the survivor of them; Fifth, if none of the above, to the duly appointed executor or administrator of the estate of such member or former member; Sixth, if none of the above, to other next of kin of such member or former member entitled under the laws of domicile of such member or former member at the time of the insured’s death. **(b)** If any person otherwise entitled to payment under this section does not make claim therefor within one year after the death of the member or former member, or if payment to such person within that period is prohibited by Federal statute or reg

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

38 U.S.C. § 1969 — Deductions; payment; investment; expenses

**(a)** (1) During any period in which a member, on active duty or active duty for training under a call or order to such duty that does not specify a period of less than thirty-one days, is insured under Servicemembers’ Group Life Insurance, there shall be deducted each month from the member’s basic or other pay until separation or release from such duty an amount determined by the Secretary (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of such duty in the uniformed service. (2) (A) During any month in which a member is assigned to the Ready Reserve of a uniformed service under conditions which meet the qualifications of (subparagraph (B) or (C) of [section 1965(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1965/5&num=0&edition=prelim), and is insured under a policy of insurance purchased by the Secretary, under [section 1966 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1966&num=0&edition=prelim), there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary (which shall be the same for all such members) as the share of the cost attributable to insuring such member under this policy, less any costs traceable to the extra hazards of such duty in the uniformed services. Any amounts so contributed on behalf of any individual shall be collected by the Secretary concerned from such individual (by deduction from pay or otherwise) and shall be credited to the appropriation from which such contribution was made. (B) If an individual who is required pursuant to subpara

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

38 U.S.C. § 1980 — Option to receive accelerated death ben-

Page 550 TITLE 38—VETERANS’ BENEFITS § 1978 title 38, United States Code, as added by subsection (a), shall take effect on the date that is 180 days after the date of the enactment of this Act [Oct. 13, 2010].’’ EFFECTIVE AND TERMINATION DATES OF 2005 AMENDMENTS Amendment by section 2 of Pub. L. 109–80 effective Aug. 31, 2005, and this section shall be applied as if sec- tion 1012 of Pub. L. 109–13 had not been enacted, see sec- tion 2 of Pub. L. 109–80, set out as a note under section 1967 of this title. Amendment by section 3(b) of Pub. L. 109–80 effective Sept. 1, 2005, and applicable with respect to deaths oc- curring on or after that date, see section 3(c) of Pub. L. 109–80, set out as a note under section 1967 of this title. Amendment by Pub. L. 109–13 effective through the earlier of Dec. 31, 2005, or, with respect to certain sec- tions of Public Law 109–13, the date of the enactment into law of legislation that supersedes the provisions of, or the amendments made by, those sections, see sec- tion 115 of Pub. L. 109–77, set out as a note under sec- tion 1967 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–419 effective on the first day of the first month that begins more than 120 days after Nov. 1, 2000, see section 312(c) of Pub. L. 106–419, set out as a note under section 1967 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–568 effective Dec. 1, 1992, see section 205 of Pub. L. 102–568, set out as an Effective Date note under section 1922A of this title. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–166 effective Jan. 1, 1986, see section 401(c)(1) of Pub. L. 99–166, set out as a note under section 1967 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97

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