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 April 30, 1951, inclusive, and (2) the insured remained continuously so totally disabled to the date of death or June 8, 1960, whichever is ear- lier, the Secretary may grant waiver of pre- miums from the beginning of and during the continuous total disability of such insured. Ap- plication for waiver of premiums under this sub- section must be filed by the insured or, in the event of the insured’s death, by the beneficiary within two years after June 8, 1960, except that if the insured or the beneficiary be insane or a minor within the two-year period, application for such waiver may be filed within two years after removal of such legal disability, or if an insane insured shall die before the removal of the disability, application may be filed by the beneficiary within two years after the insured’s death. No insurance shall be placed in force under this subsection in any case in which there was an award of benefits under the Servicemen’s Indemnity Act of 1951 or of gratuitous insurance under section 1922(b) of this title. The amount of insurance placed in force hereunder together with any other United States Government life insurance or national service life insurance in force at the time of death, or at the time of the insured’s application for waiver hereunder, may not exceed $10,000 and shall be reduced by the amount of any gratuitous insurance awarded under the National Service Life Insurance Act of 1940. Waiver of premiums under this subsection shall render the insurance nonparticipating dur- ing the period such premium waiver is in effect. The cost of waiver of premium and death bene- fits paid as a result of this subsection shall be borne by the United States. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1150, § 712; Pub. L. 86–497, June 8, 1960, 74 Stat. 164; Pub. L. 88–364, July 7, 1964, 78 Stat. 302; Pub. L. 97–295, § 4(23), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99–576, title VII, § 701(25), Oct. 28, 1986, 100 Stat. 3292; re- numbered § 1912 and amended Pub. L. 102–83, §§ 4(a)(2)(C)(ii), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes REFERENCES IN TEXT The Servicemen’s Indemnity Act of 1951, referred to in subsec. (d), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, as amended, which was classified generally to sub- chapter II (§ 851 et seq.) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and was re- pealed by act Aug. 1, 1956, ch. 837, title V, § 502(9), 70 Stat. 886. The National Service Life Insurance Act of 1940, re- ferred to in subsec. (d), is act Oct. 8, 1940, ch. 757, title VI, pt. I, §§ 601 to 623, 54 Stat. 1008, which was classified generally to subchapter I (§§ 801 to 824) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans’ Re- lief, and which was repealed by Pub. L. 85–857, § 14(75), Sept. 2, 1958, 72 Stat. 1272, and the provisions thereof re- enacted generally as this subchapter by the first sec- tion of Pub. L. 85–857 which enacted Title 38, Veterans’ Benefits. Section 602(n) of the 1940 Act, also referred to in subsec. (d), is covered by this section. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 712 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in four places. Pub. L. 102–83, § 4(a)(2)(C)(ii), substituted ‘‘by the Sec- retary’’ for ‘‘in the Veterans’ Administration’’. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1922(b)’’ for ‘‘722(b)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. 1986—Subsecs. (a), (b), (d). Pub. L. 99–576 substituted ‘‘the insured’s’’ for ‘‘his’’ wherever appearing, and ‘‘the insured’’ for ‘‘he’’ in first sentence of subsec. (d). 1982—Subsec. (d). Pub. L. 97–295 substituted ‘‘June 8, 1960’’ for ‘‘the date of enactment of this subsection’’ in two places. 1964—Subsec. (a). Pub. L. 88–364 extended from age 60 to age 65 the age before which a person must become totally disabled to be eligible for waiver of premiums, and provided that where total disability commenced on or after the 60th birthday but before the 65th, the Ad- ministrator shall not waive premiums becoming due prior to Jan. 1, 1965. 1960—Subsec. (d). Pub. L. 86–497 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88–364 provided that the amendment made by Pub. L. 88–364 is effective Jan. 1, 1965. § 1913. Death before six months’ total disability Whenever premiums are not waived under sec- tion 1912 of this title solely because the insured died prior to the continuance of total disability for six months, and proof of such facts, satisfac- tory to the Secretary, is filed by the beneficiary with the Department within one year after the insured’s death, the insurance shall be deemed Page 503 TITLE 38—VETERANS’ BENEFITS § 1916 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. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1150, § 713; Pub. L. 99–576, title VII, § 701(26), Oct. 28, 1986, 100 Stat. 3292; renumbered § 1913 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 713 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1912’’ for ‘‘712’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. 1986—Pub. L. 99–576 substituted ‘‘the’’ for ‘‘his’’ in three places. § 1914. Statutory total disabilities Without prejudice to any other cause of dis- ability, the permanent loss of the use of both feet, of both hands, or of both eyes, or of one foot and one hand, or of one foot and one eye, or of one hand and one eye, or the total loss of hearing of both ears, or the organic loss of speech, shall be deemed total disability for in- surance purposes. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1151, § 714; renumbered § 1914, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 714 of this title as this section. § 1915. Total disability income provision The Secretary shall, except as hereinafter pro- vided, upon application by the insured and proof of good health satisfactory to the Secretary and payment of such extra premium as the Sec- retary shall prescribe, include in any National Service Life Insurance policy on the life of the insured (except a policy issued under section 620 of the National Service Life Insurance Act of 1940, or section 1922 of this title) provisions whereby an insured who is shown to have be- come totally disabled for a period of six consecu- tive months or more commencing after the date of such application and before attaining the age of sixty-five and while the payment of any pre- mium is not in default, shall be paid monthly disability benefits from the first day of the sev- enth consecutive month of and during the con- tinuance of such total disability of $10 for each $1,000 of such insurance in effect when such ben- efits become payable. The total disability provi- sion authorized under this section shall not be issued unless application therefor is made either prior to the insured’s fifty-fifth birthday, or be- fore the insured’s sixtieth birthday and prior to January 1, 1966. The total disability provision authorized under this section shall not be added to a policy containing the total disability cov- erage heretofore issued under section 602(v) of the National Service Life Insurance Act of 1940, or the provisions of this section as in effect be- fore January 1, 1965, except upon surrender of such total disability coverage, proof of good health, if required, satisfactory to the Sec- retary, and payment of such extra premium as the Secretary shall determine is required in such cases. Participating policies containing ad- ditional provisions for the payment of disability benefits may be separately classified for the pur- pose of dividend distribution from otherwise similar policies not containing such benefits. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1151, § 715; Pub. L. 88–355, July 7, 1964, 78 Stat. 272; renum- bered § 1915 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes REFERENCES IN TEXT Section 620 of the National Service Life Insurance Act of 1940, referred to in text, is section 620 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, § 10, 65 Stat. 36, which enacted section 821 of former Title 38, Pensions, Bonuses, and Veterans’ Re- lief, and which was repealed and the provisions thereof reenacted as section 722 [now 1922] of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105. Section 602(v) of the National Service Life Insurance Act of 1940, referred to in text, is section 602(v) of act Oct. 8, 1940, ch. 757, title VI, pt. I, 54 Stat. 1009, which enacted section 802(v) of former Title 38, Pensions, Bo- nuses, and Veterans’ Relief, and which was repealed and the provisions thereof reenacted as this section and section 721 [now 1921] of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 715 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1922’’ for ‘‘722’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. 1964—Pub. L. 88–355 authorized issuance of total dis- ability income provisions to provide coverage to age 65 instead of to age 60, provided that said provisions shall not be issued unless application therefor is made either prior to the insured’s 55th birthday, or before the in- sured’s 60th birthday and prior to Jan. 1, 1966, and in- serted ‘‘or the provisions of this section as in effect be- fore January 1, 1965’’ before ‘‘except upon surrender’’, and ‘‘if required’’ after ‘‘proof of good health.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88–355 provided that the amendment made by Pub. L. 88–355 is effective Jan. 1, 1965. § 1916. Insurance which matured before August 1, 1946 (a) Insurance which matured before August 1, 1946, is payable in the following manner: (1) If the beneficiary to whom payment is first made was under thirty years of age at the time of maturity, in two hundred and forty equal monthly installments. (2) If the beneficiary to whom payment is first made was thirty or more years of age at the time of maturity, in equal monthly in- stallments for one hundred and twenty months certain, with such payments continuing dur- ing the remaining lifetime of such beneficiary.