38 U.S.C. § 1978 — Reinstatement

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. 97–66 effective Dec. 1, 1981, see section 701(b)(2) of Pub. L. 97–66, set out as a note under section 1114 of this title. EFFECTIVE DATE Section effective first day of third calendar month following May 1974, see section 12(4) of Pub. L. 93–289, set out as an Effective Date of 1974 Amendment note under section 1968 of this title. § 1978. Reinstatement Reinstatement of insurance coverage granted under this subchapter but lapsed for non- payment of premiums shall be under terms and conditions prescribed by the Secretary. (Added Pub. L. 93–289, § 9(a), May 24, 1974, 88 Stat. 172, § 778; renumbered § 1978 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 778 of this title as this section and substituted ‘‘Secretary’’ for ‘‘Administrator’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective first day of third calendar month following May 1974, see section 12(4) of Pub. L. 93–289, set out as an Effective Date of 1974 Amendment note under section 1968 of this title. § 1979. Incontestability Subject to the provision of section 1973 of this title, insurance coverage granted under this sub- chapter shall be incontestable from the date of issue, reinstatement, or conversion except for fraud or nonpayment of premium. (Added Pub. L. 93–289, § 9(a), May 24, 1974, 88 Stat. 172, § 779; renumbered § 1979 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 779 of this title as this section and substituted ‘‘1973’’ for ‘‘773’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective first day of third calendar month following May 1974, see section 12(4) of Pub. L. 93–289, set out as an Effective Date of 1974 Amendment note under section 1968 of this title. § 1980. Option to receive accelerated death ben- efit (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 Vet- erans’ 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 max- imum amount of the accelerated death benefit available under this section that the Secretary finds to be administratively practicable and ac- tuarially 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 in- surance 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 pre- scribe 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 acceler- ated death benefit under this section shall re- main payable in accordance with the provisions of this chapter. (d) Deductions under section 1969 of this title and premiums under section 1977(c) of this title 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 acceler- ated death benefit under this section, effective with respect to any amounts which would other- wise 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 applica- tion for an election under this section shall be made; and