38 U.S.C. § 1965 — Definitions

Page 527 TITLE 38—VETERANS’ BENEFITS § 1965 1 See Change of Name note below. 2 See References in Text note below. (b)(1) The Secretary may pay interest under subsection (a) of this section only if the Sec- retary determines that the payment of such in- terest is administratively and actuarially sound for the settlement option involved. (2) Interest paid under subsection (a) shall be at the rate that is established by the Secretary for dividends held on credit or deposit in policy- holders’ accounts. (Added Pub. L. 100–687, div. B, title XIV, § 1401(a)(2), Nov. 18, 1988, 102 Stat. 4128, § 763; re- numbered § 1963 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 763 of this title as this section and substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to insurance policies maturing after Nov. 18, 1988, see section 1401(a)(3) of Pub. L. 100–687, set out as a note under section 1928 of this title. SUBCHAPTER III—SERVICEMEMBERS’ GROUP LIFE INSURANCE Editorial Notes AMENDMENTS 1996—Pub. L. 104–275, title IV, § 405(b)(2)(A), Oct. 9, 1996, 110 Stat. 3339, substituted ‘‘SERVICEMEMBERS’ GROUP’’ for ‘‘SERVICEMEN’S GROUP’’. § 1965. Definitions 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 1 of the Public Health Service; (C) full-time duty as a commissioned offi- cer of the National Oceanic and Atmospheric Administration; and (D) full-time duty as a cadet or mid- shipman at the United States Military Acad- emy, 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) but not on sustained duty under section 20105 of title 10, 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 prac- tice 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) pre- scribed or authorized for Reserves (including commissioned officers of the Reserve Corps 1 of the Public Health Service), or for mem- bers of the Space Force in a space force ac- tive status (as defined in section 101(e)(1) of title 10), which duty is scheduled in advance by competent authority to begin at a spe- cific time and place; and (B) in the case of a member of the National Guard or Air National Guard of any State, such term means duty (other than full-time duty) which is scheduled in advance by com- petent authority to begin at a specific time and place under sections 316, 502, 503, 504, or 505 of title 32, United States Code. (4) The terms ‘‘active duty for training’’ and ‘‘inactive duty training’’ do not include duty performed as a temporary member of the Coast Guard Reserve, and the term ‘‘inactive duty training’’ does not include (A) work or study performed in connection with cor- respondence courses, or (B) attendance at an educational institution in an inactive status. (5) The term ‘‘member’’ means— (A) a person on active duty, active duty for training, or inactive duty training in the uniformed services in a commissioned, war- rant, or enlisted rank, or grade, or as a cadet or midshipman of the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy; (B) a person who volunteers for assignment to the Ready Reserve of a uniformed service and is assigned to a unit or position in which such person may be required to perform ac- tive duty, or active duty for training, and each year will be scheduled to perform at least twelve periods of inactive duty train- ing that is creditable for retirement pur- poses under chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Per- sonnel Management Act); (C) a person who volunteers for assignment to a mobilization category in the Individual Ready Reserve, as defined in section 12304(i)(1) 2 of title 10; and (D) a member, cadet, or midshipman of the Reserve Officers Training Corps while at- tending field training or practice cruises. (6) The term ‘‘uniformed services’’ means the Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmos- pheric Administration. (7) The terms ‘‘widow’’ or ‘‘widower’’ means a person who is the lawful spouse of the in- sured member at the time of his death. Page 528 TITLE 38—VETERANS’ BENEFITS § 1965 (8) The term ‘‘child’’ means a legitimate child, a legally adopted child, an illegitimate child as to the mother, or an illegitimate child as to the alleged father, only if (A) he ac- knowledged the child in writing signed by him; or (B) he has been judicially ordered to contribute to the child’s support; or (C) he has been, before his death, judicially decreed to be the father of such child; or (D) proof of pater- nity is established by a certified copy of the public record of birth or church record of bap- tism showing that the insured was the inform- ant and was named as father of the child; or (E) proof of paternity is established from serv- ice department or other public records, such as school or welfare agencies, which show that with his knowledge the insured was named as the father of the child. (9) The term ‘‘parent’’ means a father of a le- gitimate child, mother of a legitimate child, father through adoption, mother through adoption, mother of an illegitimate child, and father of an illegitimate child but only if (A) he acknowledged paternity of the child in writing signed by him before the child’s death; or (B) he has been judicially ordered to con- tribute to the child’s support; or (C) he has been judicially decreed to be the father of such child; or (D) proof of paternity is established by a certified copy of the public record of birth or church record of baptism showing that the claimant was the informant and was named as father of the child; or (E) proof of paternity is established from service department or other public records, such as school or welfare agen- cies, which show that with his knowledge the claimant was named as father of the child. No person who abandoned or willfully failed to support a child during the child’s minority, or consented to the child’s adoption may be rec- ognized as a parent for the purpose of this sub- chapter. However, the immediately preceding sentence shall not be applied so as to require duplicate payments in any case in which in- surance benefits have been paid prior to re- ceipt in the administrative office established under subsection 1966(b) of this title of suffi- cient evidence to clearly establish that the person so paid could not qualify as a parent solely by reason of such sentence. (10) The term ‘‘insurable dependent’’, with respect to a member, means the following: (A) The member’s spouse. (B) The member’s child, as defined in the first sentence of section 101(4)(A) of this title. (C) The member’s stillborn child. (Added Pub. L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 880, § 765; amended Pub. L. 91–291, § 1, June 25, 1970, 84 Stat. 326; Pub. L. 92–185, § 1, Dec. 15, 1971, 85 Stat. 642; Pub. L. 92–315, June 20, 1972, 86 Stat. 227; Pub. L. 93–289, §§ 3, 10(1), May 24, 1974, 88 Stat. 165, 172; Pub. L. 99–576, title VII, § 701(35), Oct. 28, 1986, 100 Stat. 3293; Pub. L. 102–54, § 14(b)(16), June 13, 1991, 105 Stat. 284; renum- bered § 1965 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–337, div. A, title VI, § 651(a), title XVI, § 1677(d)(1), Oct. 5, 1994, 108 Stat. 2792, 3020; Pub. L. 104–275, title IV, § 402(a), Oct. 9, 1996, 110 Stat. 3337; Pub. L. 106–419, title III, § 313(a), Nov. 1, 2000, 114 Stat. 1854; Pub. L. 107–14, § 4(a)(1), June 5, 2001, 115 Stat. 26; Pub. L. 109–13, div. A, title I, § 1032(a)(1), May 11, 2005, 119 Stat. 257; Pub. L. 109–233, title V, § 501(c)(1), June 15, 2006, 120 Stat. 415; Pub. L. 110–389, title IV, § 402(a), Oct. 10, 2008, 122 Stat. 4174; Pub. L. 118–31, div. A, title XVII, § 1723(a)(2), Dec. 22, 2023, 137 Stat. 674.) Editorial Notes REFERENCES IN TEXT Chapter 67 of title 10 as in effect before the effective date of the Reserve Officer Personnel Management Act, referred to in par. (5)(B), means chapter 67 (§ 1331 et seq.) of Title 10, Armed Forces, prior to its transfer to part II of subtitle E of Title 10, its renumbering as chapter 1223, and its general revision by section 1662(j)(1) of Pub. L. 103–337. A new chapter 67 (§ 1331) of Title 10 was added by section 1662(j)(7) of Pub. L. 103–337. For effective date of the Reserve Officer Per- sonnel Management Act (Pub. L. 103–337, title XVI), see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10. Section 12304(i)(1) of title 10, referred to in par. (5)(C), was redesignated section 12304(j)(1) of title 10 by Pub. L. 109–364, div. A, title V, § 522(b), Oct. 17, 2006, 120 Stat. 2192. Section 12304(j)(1) of title 10 was subsequently re- designated section 12304(k)(2) of title 10 by Pub. L. 118–31, div. A, title XV, § 1532(2), (7)(A), Dec. 22, 2023, 137 Stat. 563, 564. AMENDMENTS 2023—Par. (2)(A). Pub. L. 118–31, § 1723(a)(2)(A), which directed insertion of ‘‘, or by members of the Space Force in a space force active status (as defined in sec- tion 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10,’’ after ‘‘for Reserves’’, was executed by making the insertion after ‘‘Re- serves’’, to reflect the probable intent of Congress. Par. (3)(A). Pub. L. 118–31, § 1723(a)(2)(B), inserted ‘‘, or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10),’’ after ‘‘(including commissioned officers of the Re- serve Corps of the Public Health Service)’’. 2008—Par. (10)(C). Pub. L. 110–389 added subpar. (C). 2006—Par. (11). Pub. L. 109–233 struck out par. (11) which read as follows: ‘‘The term ‘activities of daily living’ means the inability to independently perform 2 of the 6 following functions: ‘‘(A) Bathing. ‘‘(B) Continence. ‘‘(C) Dressing. ‘‘(D) Eating. ‘‘(E) Toileting. ‘‘(F) Transferring.’’ 2005—Par. (11). Pub. L. 109–13 added par. (11). 2001—Par. (10). Pub. L. 107–14 added par. (10). 2000—Par. (5)(C), (D). Pub. L. 106–419 added subpar. (C) and redesignated former subpar. (C) as (D). 1996—Par. (5)(B). Pub. L. 104–275, § 402(a)(1), inserted ‘‘and’’ at end. Par. (5)(C) to (E). Pub. L. 104–275, § 402(a)(2), (3), redes- ignated subpar. (E) as (C) and struck out former sub- pars. (C) and (D) which read as follows: ‘‘(C) a person assigned to, or who upon application would be eligible for assignment to, the Retired Re- serve of a uniformed service who has not received the first increment of retirement pay or has not yet reached sixty-one years of age and has completed at least twenty years of satisfactory service creditable for retirement purposes under chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the ef- fective date of the Reserve Officer Personnel Manage- ment Act); ‘‘(D) a person transferred to the Retired Reserve of a uniformed service under the temporary special retire- ment authority provided in section 1331a of title 10 who has not received the first increment of retirement pay or has not reached sixty-one years of age; and’’. Page 529 TITLE 38—VETERANS’ BENEFITS § 1966 1994—Par. (5)(B), (C). Pub. L. 103–337, § 1677(d)(1), sub- stituted ‘‘chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act)’’ for ‘‘chapter 67 of title 10’’. Par. (5)(D), (E). Pub. L. 103–337, § 651(a), added subpar. (D) and redesignated former subpar. (D) as (E). 1991—Pub. L. 102–83, § 5(a), renumbered section 765 of this title as this section. Par. (4). Pub. L. 102–54, § 14(b)(16)(A), redesignated cls. (i) and (ii) as (A) and (B), respectively. Par. (8). Pub. L. 102–54, § 14(b)(16)(B), redesignated cls. (a) to (e) as (A) to (E), respectively. Par. (9). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1966(b)’’ for ‘‘766(b)’’. Pub. L. 102–54, § 14(b)(16)(B), redesignated cls. (a) to (e) as (A) to (E), respectively. 1986—Par. (5)(B). Pub. L. 99–576, § 701(35)(A), sub- stituted ‘‘such person’’ for ‘‘he’’. Par. (9). Pub. L. 99–576, § 701(35)(B), substituted ‘‘the child’s’’ for ‘‘his’’ in two places. 1974—Par. (1)(C). Pub. L. 93–289, § 10(1), substituted ‘‘National Oceanic and Atmospheric Administration’’ for ‘‘Environmental Science Services Administration’’. Par. (5). Pub. L. 93–289, § 3, added cls. (B) and (C), re- designated former cl. (B) as (D), and substituted ‘‘mid- shipman of’’ for ‘‘midshipman at’’ in cl. (A). Par. (6). Pub. L. 93–289, § 10(1), substituted ‘‘National Oceanic and Atmospheric Administration’’ for ‘‘Envi- ronmental Science Services Administration’’. 1972—Par. (1)(D). Pub. L. 92–315, § 1(3), added cl. (D). Par. (5)(A). Pub. L. 92–315, § 1(4), expanded definition of ‘‘member’’ to include persons in active duty as a cadet or midshipman at the United States Military Academy, United States Naval Academy, United States Air Force Academy and the United States Coast Guard Academy. 1971—Pars. (7) to (9). Pub. L. 92–185 added pars. (7) to (9) defining, respectively, ‘‘widow’’ or ‘‘widower’’, ‘‘child’’, and ‘‘parent’’. 1970—Pub. L. 91–291 struck out from definition of ‘‘ac- tive duty’’ a reference to calls or orders to duty which specify a period of 30 days or less, inserted definitions for ‘‘active duty for training’’ and ‘‘inactive duty train- ing’’, and, in definition of ‘‘uniformed services’’, in- serted provisions limiting the scope of that term in the case of personnel of the Public Health Service and the Environmental Science Services Administration to the commissioned corps thereof respectively. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Reserve Corps of the Public Health Serv- ice deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–13 effective on the first day of the first month beginning more than 180 days after May 11, 2005, see section 1032(d)(1) of Pub. L. 109–13, set out as an Effective Date note under section 1980A of this title. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–14 effective on the first day of the first month that begins more than 120 days after June 5, 2001, see section 4(g)(1) of Pub. L. 107–14, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 1677(d)(1) of Pub. L. 103–337 ef- fective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces. EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–289, § 12(2), May 24, 1974, 88 Stat. 173, pro- vided that: ‘‘The amendments relating to Servicemen’s Group Life Insurance coverage on a full-time basis for certain members of the Reserves and National Guard shall become effective upon the date of enactment of this Act [May 24, 1974].’’ EFFECTIVE DATE OF 1971 AMENDMENT Pub. L. 92–185, § 2, Dec. 15, 1971, 85 Stat. 643, provided that: ‘‘The provisions of this Act [amending this sec- tion] shall apply only to Servicemen’s Group Life In- surance in effect on the life of an insured member who dies on or after the date of enactment of this Act [Dec. 15, 1971].’’ EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–291 effective June 25, 1970, see section 14(a) of Pub. L. 91–291, set out as a note under section 1317 of this title. Pub. L. 91–291, § 14(b), June 25, 1970, 84 Stat. 333, pro- vided that: ‘‘The provisions of section 765(7), (8), and (9) [now 1765(7), (8), and (9)] of title 38, United States Code, as added by the first section of this Act shall apply only to servicemen’s group life insurance in effect on the life of an insured member who dies on and after the date of enactment of this Act [June 25, 1970].’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. RENAMING OF GROUP LIFE INSURANCE PROGRAM Pub. L. 104–275, title IV, § 405(a), Oct. 9, 1996, 110 Stat. 3339, provided that: ‘‘The program of insurance oper- ated by the Secretary of Veterans Affairs under sub- chapter III of chapter 19 of title 38, United States Code, is hereby redesignated as the Servicemembers’ Group Life Insurance program.’’ REFERENCES TO SERVICEMEN’S GROUP LIFE INSURANCE OR ADVISORY COUNCIL ON SERVICEMEN’S GROUP LIFE INSURANCE Pub. L. 104–275, title IV, § 405(d), Oct. 9, 1996, 110 Stat. 3340, provided that: ‘‘Any reference to Servicemen’s Group Life Insurance or to the Advisory Council on Servicemen’s Group Life Insurance in any Federal law, Executive order, regulation, delegation of authority, or other document of the Federal Government shall be deemed to refer to Servicemembers’ Group Life Insur- ance or the Advisory Council on Servicemembers’ Group Life Insurance, respectively.’’ § 1966. Eligible insurance companies (a) The Secretary is authorized, without re- gard to section 6101(b) to (d) of title 41, to pur- chase from one or more life insurance companies a policy or policies of group life insurance to provide the benefits specified in this subchapter. Each such life insurance company must (1) be li- censed to issue life insurance in each of the fifty States of the United States and in the District of Columbia, and (2) as of the most recent De- cember 31 for which information is available to the Secretary, have in effect at least 1 percent of the total amount of group life insurance which all life insurance companies have in effect in the United States. (b) The life insurance company or companies issuing such policy or policies shall establish an administrative office at a place and under a name designated by the Secretary.