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38 U.S.C. § 1317 — Restriction on payments under this chapter
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), no person eligible for dependency and indemnity compensation by reason of any death occurring after December 31, 1956, shall be eligible by reason of such death for any payments under (1) provisions of law administered by the Secretary providing for the payment of death compensation or death pension, or (2) subchapter I of chapter 81 of title 5.
**(b)** A surviving spouse who is eligible for dependency and indemnity compensation may elect to receive death pension instead of such compensation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1317
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Stable record: federal_law:legal_authorities:record_usc_2e2d64999dfa80eb75aa49b5
Source file: Laws/federal/codes/united-states-code/title-38/section-1317-restriction-on-payments-under-this-chapter--b83b374bfd.md
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Source location: Title 38, Chapter 13, § 1317; chapter-013-dependency-and-indemnity-compensation-for-service-connected-deaths.md
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**(a)** Except as provided in subsection (b), no person eligible for dependency and indemnity compensation by reason of any death occurring after December 31, 1956, shall be eligible by reason of such death for any payments under (1) provisions of law administered by the Secretary providing for the payment of death compensation or death pension, or (2) subchapter I of chapter 81 of title 5.
**(b)** A surviving spouse who is eligible for dependency and indemnity compensation may elect to receive death pension instead of such compensation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Dependency and indemnity compensation shall be paid to a surviving spouse at the monthly rate of $1,154.
(2) The rate under paragraph (1) shall be increased by $246 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran’s disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered.
(3) In the case of dependency and indemnity compensation paid to a surviving spouse that is predicated on the death of a veteran before January 1, 1993, the monthly rate of such compensation shall be the amount based on the pay grade of such veteran, as set forth in the following table, if the amount is greater than the total amount determined with respect to that veteran under paragraphs (1) and (2): Pay gradeMonthly ratePay gradeMonthly rate 1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by [section 1302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1302&num=0&edition=prelim), the surviving spouse’s rate shall be $1,419. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1311
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Federal law — U.S. Code and appendices · legal_authorities
All level premium term policies, except as otherwise provided in this section, shall cease and terminate at the expiration of the term period. At the expiration of any term period any five-year level premium term policy which has not been exchanged or converted to a permanent plan of insurance and which is not lapsed shall be renewed as level premium term insurance without application for a successive five-year period at the premium rate for the attained age without medical examination. However, renewal will be effected in cases where the policy is lapsed only if the insured makes application for reinstatement and renewal of the term policy within five years after the date of lapse, and reinstatement in such cases shall be under the terms and conditions prescribed by the Secretary. In any case in which the insured is shown by evidence satisfactory to the Secretary to be totally disabled at the expiration of the level premium term period of the insurance under conditions which would entitle the insured to continued insurance protection but for such expiration, the insurance, if subject to renewal under this section, shall be automatically renewed for an additional period of five years at the premium rate for the then attained age, unless the insured has elected insurance on some other available plan.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1905
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Until and unless the Secretary has received from the insured a request or directive in writing exercising any other dividend option allowable under the insured’s policy, any dividend accumulations and unpaid dividends shall be applied in payment of premiums becoming due on insurance subsequent to the date the dividend is payable after January 1, 1952.
**(b)** No claim by an insured for payment in cash of a special dividend declared prior to January 1, 1952, shall be processed by the Secretary unless such claim was received within six years after such dividend was declared. Whenever any claim for payment of a special dividend, the processing of which is barred by this subsection, is received by the Secretary, it shall be returned to the claimant, with a copy of this subsection, and such action shall be a complete response without further communication.
**(c)** The Secretary, upon application in writing made by the insured for insurance under this subsection, and without proof of good health, is authorized to apply any dividend due and payable on national service life insurance after the date of such application to purchase paid up insurance. Also, the Secretary, upon application in writing made by the insured during the one-year period beginning September 1, 1991, and without proof of good health, is authorized to apply any national service life insurance dividend credits and deposits of such insured existing at the date of the insured’s application to purchase paid up insurance. After September 1, 1992, the Secretary may, from time to time, provide for further one-year periods during which insureds may purchase additional paid up insurance from existing dividend credits and deposits. Any such period for the purchase of additional paid up insurance may be allow
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1907
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A person who enrolls in insurance maturing on or after August 1, 1946, may designate a beneficiary of the insurance policy. The insured shall, subject to regulations, at all times have the right to change the beneficiary or beneficiaries of such insurance without the consent of such beneficiary or beneficiaries.
(2) If a person enrolled in insurance maturing on or after August 1, 1946, does not designate a beneficiary under paragraph (1) before the veteran dies, or if a designated beneficiary predeceases the veteran, the Secretary shall determine the beneficiary in the following order:
(A) The surviving spouse of the insured person.
(B) The children of the insured person and descendants of deceased children by representation.
(C) The parents of the insured person or the survivors of the parents.
(D) The duly appointed executor or administrator of the estate of the insured person.
(E) Other next of kin of the insured person entitled under the laws of domicile of the insured person at the time of the death of the insured person.
**(b)** Insurance maturing on or after August 1, 1946, shall be payable in accordance with the following optional modes of settlement:
(1) In one sum.
(2) In equal monthly installments of from thirty-six to two hundred and forty in number, in multiples of twelve.
(3) In equal monthly installments for one hundred and twenty months certain with such payments continuing during the remaining lifetime of the first beneficiary.
(4) As a refund life income in monthly installments payable for such period certain as may be required in order that the sum of the installments certain, including a last installment of such reduced amount as may be necessary, shall equal the face value of the contract, less any indebtedness, wit
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1917
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Federal law — U.S. Code and appendices · legal_authorities
At the expiration of any term period any insurance policy issued on the five-year level premium term plan which has not been exchanged or converted to a permanent plan of insurance and which is not lapsed shall be renewed as level premium term insurance without application for a successive five-year period at the premium rate for the attained age without medical examination. However, renewal shall be effected in cases where the policy is lapsed only if the insured makes application for reinstatement and renewal of the insured’s term policy within five years after the date of lapse, and reinstatement in such cases shall be under the terms and conditions prescribed by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1945
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary may provide in insurance contracts for optional settlements, to be selected by the insured, whereby such insurance may be made payable either in one sum or in installments for thirty-six months or more. A provision may also be included in such contracts authorizing the beneficiary to elect to receive payment of the insurance in installments for thirty-six months or more, but only if the insured has not exercised the right of election as provided in this subchapter. Even though the insured may have exercised the right of election the beneficiary may elect to receive such insurance in installments spread over a greater period of time than that selected by the insured. Notwithstanding any provision to the contrary in any insurance contract, the beneficiary may, in the case of insurance maturing after September 30, 1981, and for which the insured has not exercised the right of election of the insured as provided in this subchapter, elect to receive payment of the insurance in one sum.
**(b)** Under such regulations as the Secretary may promulgate, the cash surrender value of any policy of insurance or the proceeds of an endowment contract which matures by reason of completion of the endowment period may be paid to the insured (1) in equal monthly installments of from thirty-six to two hundred and forty in number, in multiples of twelve; or (2) as a refund life income in monthly installments payable for such periods certain as may be required in order that the sum of the installments certain, including a last installment of such reduced amount as may be necessary, shall equal the cash value of the contract, less any indebtedness, with such payments continuing throughout the lifetime of the insured. However, all settlements under option (2) above shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1952
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) The term “active duty” means—
(A) full-time duty in the Armed Forces, other than active duty for training;
(B) full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps 11 See Change of Name note below. of the Public Health Service;
(C) full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration; and
(D) full-time duty as a cadet or midshipman at the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy.
(2) The term “active duty for training” means—
(A) full-time duty in the Armed Forces performed by Reserves, or by members of the Space Force in a space force active status (as defined in [section 101(e)(1) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/e/1&num=0&edition=prelim)) but not on sustained duty under [section 20105 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), for training purposes;
(B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps 1 of the Public Health Service;
(C) full-time duty as a member, cadet, or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises; and
(D) in the case of members of the National Guard or Air National Guard of any State, full-time duty under sections 316, 502, 503, 504, or 505 of title 32, United States Code.
(3) The term “inactive duty training” means—
(A) duty (other than full-time duty) prescribed or authorized for Reserves (including commissioned officers of the Reserve Corps 1 of the Publ
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1965
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to an election under paragraph (2), any 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) shall automatically insure the following persons against death:
(A) In the case of any member of a uniformed service on active duty (other than active duty for training)—
(i) the member; and
(ii) each insurable dependent of the member (other than a dependent who is also a member of a uniformed service and, because of such membership, is automatically insured under this paragraph).
(B) Any member of a uniformed service on active duty for training or inactive duty training scheduled in advance by competent authority.
(C) In the case of any member of the Ready Reserve of a uniformed service who meets the qualifications set forth in 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)—
(i) the member; and
(ii) each insurable dependent of the member (other than a dependent who is also a member of a uniformed service and, because of such membership, is automatically insured under this paragraph).
(2)
(A) A member may elect in writing not to be insured under this subchapter.
(B) A member may elect in writing not to insure the member’s spouse under this subchapter.
(3)
(A) Subject to subparagraphs (B), (C), and (D), the amount for which a person is insured under this subchapter is as follows:
(i) In the case of a member, $500,000.
(ii) In the case of a member’s spouse, $100,000.
(iii) In the case of a member’s child, $10,000.
(B) A member may elect in writing to be insur
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1967
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each policy purchased under this subchapter shall contain a provision, in terms approved by the Secretary, to the effect that any insurance thereunder on any member of the uniformed services, and any insurance thereunder on any insurable dependent of such a member, unless discontinued or reduced upon the written request of the insured (or discontinued pursuant to [section 1969(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1969/a/2/B&num=0&edition=prelim)), shall continue in effect while the member is on active duty, active duty for training, or inactive duty training scheduled in advance by competent authority during the period thereof, or while the member meets the qualifications set forth in 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 such insurance shall cease as follows:
(1) With respect to a member on active duty or active duty for training under a call or order to duty that does not specify a period of less than 31 days, insurance under this subchapter shall cease as follows:
(A) 120 days after the separation or release from active duty or active duty for training, unless on the date of such separation or release the member is totally disabled, under criteria established by the Secretary, in which event the insurance shall cease on the earlier of the following dates (but in no event before the end of 120 days after such separation or release):
(i) The date on which the insured ceases to be totally disabled.
(ii) The date that is two years after the date of separation or release from such active duty or active duty for training.
(B) At the end of the thirty-first da
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1968
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1969
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