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38 U.S.C. § 1913 — Death before six months’ total disability

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

38 U.S.C. § 1913 — Death before six months’ total disability

Whenever premiums are not waived under [section 1912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1912&num=0&edition=prelim) solely because the insured died prior to the continuance of total disability for six months, and proof of such facts, satisfactory to the Secretary, is filed by the beneficiary with the Department within one year after the insured’s death, the insurance shall be deemed to be in force at the date of the death, and the unpaid premiums shall become a lien against the proceeds of the insurance. If the beneficiary is insane or a minor, proof of such facts may be filed within one year after removal of such legal disability.

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Stable record: federal_law:legal_authorities:record_usc_6590f13130a4879c662712e2
Source file: Laws/federal/codes/united-states-code/title-38/section-1913-death-before-six-months-total-disability--4d45b043e8.md
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Source location: Title 38, Chapter 19, § 1913; chapter-019-insurance.md

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Whenever premiums are not waived under [section 1912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1912&num=0&edition=prelim) solely because the insured died prior to the continuance of total disability for six months, and proof of such facts, satisfactory to the Secretary, is filed by the beneficiary with the Department within one year after the insured’s death, the insurance shall be deemed to be in force at the date of the death, and the unpaid premiums shall become a lien against the proceeds of the insurance. If the beneficiary is insane or a minor, proof of such facts may be filed within one year after removal of such legal disability.

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

38 U.S.C. § 1912 — Total disability waiver

**(a)** Upon application by the insured and under such regulations as the Secretary may promulgate, payment of premiums on insurance may be waived during the continuous total disability of the insured, which continues or has continued for six or more consecutive months, if such disability began (1) after the date of the insured’s application for insurance, (2) while the insurance was in force under premium-paying conditions, and (3) before the insured’s sixty-fifth birthday. Notwithstanding any other provision of this chapter, in any case in which the total disability of the insured commenced on or after the insured’s sixtieth birthday but before the insured’s sixty-fifth birthday, the Secretary shall not grant waiver of any premium becoming due prior to January 1, 1965. **(b)** The Secretary, upon any application made after August 1, 1947, shall not grant waiver of any premium becoming due more than one year before the receipt by the Secretary of application for the same, except as provided in this section. Any premiums paid for months during which waiver is effective shall be refunded. The Secretary shall provide by regulations for examination or reexamination of an insured claiming benefits under this section, and may deny benefits for failure to cooperate. If it is found that an insured is no longer totally disabled, the waiver of premiums shall cease as of the date of such finding and the policy of insurance may be continued by payment of premiums as provided in said policy. In any case in which the Secretary finds that the insured’s failure to make timely application for waiver of premiums or the insured’s failure to submit satisfactory evidence of the existence or continuance of total disability was due to circumstances beyond the insured’s control, the Secretar

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

38 U.S.C. § 713 — Senior executives: removal, demotion, or suspension based on performance or misconduct

**(a) Authority.—** (1) The Secretary may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the Department if the Secretary determines that the misconduct or performance of the covered individual warrants such action. (2) If the Secretary so removes such an individual, the Secretary may remove the individual from the civil service (as defined in [section 2101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101&num=0&edition=prelim)). **(b) Rights and Procedures.—** (1) A covered individual who is the subject of an action under subsection (a) is entitled to— (A) advance notice of the action and a file containing all evidence in support of the proposed action; (B) be represented by an attorney or other representative of the covered individual’s choice; and (C) grieve the action in accordance with an internal grievance process that the Secretary, in consultation with the Assistant Secretary for Accountability and Whistleblower Protection, shall establish for purposes of this subsection. (2) (A) The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days. (B) The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days. (C) A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the covered individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor. (3) The Secretary shall ensure that the grievance process establ

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

38 U.S.C. § 1913 — Death before six months’ total disability

Page 502 TITLE 38—VETERANS’ BENEFITS § 1913 ination or reexamination of an insured claiming benefits under this section, and may deny bene- fits for failure to cooperate. If it is found that an insured is no longer totally disabled, the waiver of premiums shall cease as of the date of such finding and the policy of insurance may be continued by payment of premiums as provided in said policy. In any case in which the Sec- retary finds that the insured’s failure to make timely application for waiver of premiums or the insured’s failure to submit satisfactory evi- dence of the existence or continuance of total disability was due to circumstances beyond the insured’s control, the Secretary may grant waiv- er or continuance of waiver of premiums. (c) If the insured dies without filing applica- tion for waiver, the beneficiary, within one year after the death of the insured, or, if the bene- ficiary is insane or a minor, within one year after removal of such legal disability, may file application for waiver with evidence of the in- sured’s right to waiver under this section. Pre- mium rates shall be calculated without charge for the cost of waiver of premiums provided in this section and no deduction from benefits oth- erwise payable shall be made on account there- of. (d) In any case in which an insured has been denied or would have been denied premium waiv- er under section 602(n) of the National Service Life Insurance Act of 1940 or this section solely because the insured became totally disabled be- tween the date of valid application for insurance and the subsequent effective date thereof, and in which it is shown that (1) the total disability was incurred in line of duty between October 8, 1940, and July 31, 1946, inclusive, or June 27, 1950, and

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1913

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