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38 U.S.C. § 712 — Repealed. Pub. L. 107–103, title V, § 509(a)(1), Dec. 27, 2001, 115 Stat. 997]

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

38 U.S.C. § 712 — Repealed. Pub. L. 107–103, title V, § 509(a)(1), Dec. 27, 2001, 115 Stat. 997]

### Statutory Notes Section, added Pub. L. 103–446, title XI, § 1102(a), Nov. 2, 1994, 108 Stat. 4680; amended Pub. L. 104–262, title III, § 303, Oct. 9, 1996, 110 Stat. 3194; Pub. L. 105–33, title VIII, § 8023(e), Aug. 5, 1997, 111 Stat. 667; Pub. L. 105–368, title X, § 1005(b)(1), Nov. 11, 1998, 112 Stat. 3364, limited reduction of full-time equivalent positions in the Department of Veterans Affairs during the period beginning on Nov. 2, 1994, and ending on Sept. 30, 1999. #### Prior Provisions A prior section 712 was renumbered [section 1912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1912&num=0&edition=prelim).

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Source location: Title 38, Chapter 7, § 712; chapter-007-employees.md

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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. § 712 — Untitled legal text

Page 118 TITLE 38—VETERANS’ BENEFITS [§ 712 Provisions similar to those in this section were con- tained in former section 210(b)(3) of this title prior to repeal by Pub. L. 102–83, § 2(a). AMENDMENTS 1996—Subsec. (d). Pub. L. 104–316 inserted ‘‘, upon re- quest of either of such Committees,’’ after ‘‘the Comp- troller General shall’’ in first sentence. 1994—Subsec. (d). Pub. L. 103–446 substituted ‘‘com- mittees’’ for ‘‘Committees’’. [§ 712. Repealed. Pub. L. 107–103, title V, § 509(a)(1), Dec. 27, 2001, 115 Stat. 997] Section, added Pub. L. 103–446, title XI, § 1102(a), Nov. 2, 1994, 108 Stat. 4680; amended Pub. L. 104–262, title III, § 303, Oct. 9, 1996, 110 Stat. 3194; Pub. L. 105–33, title VIII, § 8023(e), Aug. 5, 1997, 111 Stat. 667; Pub. L. 105–368, title X, § 1005(b)(1), Nov. 11, 1998, 112 Stat. 3364, limited reduction of full-time equivalent positions in the De- partment of Veterans Affairs during the period begin- ning on Nov. 2, 1994, and ending on Sept. 30, 1999. Editorial Notes PRIOR PROVISIONS A prior section 712 was renumbered section 1912 of this title. § 713. Senior executives: removal, demotion, or suspension based on performance or mis- conduct (a) AUTHORITY.—(1) The Secretary may, as pro- vided in this section, reprimand or suspend, in- voluntarily reassign, demote, or remove a cov- ered individual from a senior executive position at the Department if the Secretary determines that the misconduct or performance of the cov- ered individual warrants such action. (2) If the Secretary so removes such an indi- vidual, the Secretary may remove the individual from the civil service (as defined in section 2101 of title 5). (b) RIGHTS AND PROCEDURES.—(1) A covered in- dividual who is the subject of an action under subsection (a)

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