50 U.S.C. § 3971 — Definitions

Page 1005 TITLE 50—WAR AND NATIONAL DEFENSE § 3972 motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materi- ally affected by military service— (1) stay the proceeding for a period of time as justice and equity require; or (2) adjust the obligation to preserve the in- terests of all parties. The provisions of this subsection do not affect the scope of section 3953 of this title. (c) Misdemeanor A person who knowingly takes an action con- trary to this section, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both. (Oct. 17, 1940, ch. 888, title III, § 307, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2851; amended Pub. L. 111–275, title III, § 303(b)(7), Oct. 13, 2010, 124 Stat. 2878.) Editorial Notes CODIFICATION Section was formerly classified to section 537 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 2010—Subsec. (c). Pub. L. 111–275 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to penalties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3959. Extension of protections to dependents Upon application to a court, a dependent of a servicemember is entitled to the protections of this subchapter if the dependent’s ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember’s military service. (Oct. 17, 1940, ch. 888, title III, § 308, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2851.) Editorial Notes CODIFICATION Section was formerly classified to section 538 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. SUBCHAPTER IV—LIFE INSURANCE § 3971. Definitions For the purposes of this subchapter: (1) Policy The term ‘‘policy’’ means any individual contract for whole, endowment, universal, or term life insurance (other than group term life insurance coverage), including any benefit in the nature of such insurance arising out of membership in any fraternal or beneficial as- sociation which— (A) provides that the insurer may not— (i) decrease the amount of coverage or require the payment of an additional amount as premiums if the insured en- gages in military service (except increases in premiums in individual term insurance based upon age); or (ii) limit or restrict coverage for any ac- tivity required by military service; and (B) is in force not less than 180 days before the date of the insured’s entry into military service and at the time of application under this subchapter. (2) Premium The term ‘‘premium’’ means the amount specified in an insurance policy to be paid to keep the policy in force. (3) Insured The term ‘‘insured’’ means a servicemember whose life is insured under a policy. (4) Insurer The term ‘‘insurer’’ includes any firm, cor- poration, partnership, association, or business that is chartered or authorized to provide in- surance and issue contracts or policies by the laws of a State or the United States. (Oct. 17, 1940, ch. 888, title IV, § 401, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2851.) Editorial Notes CODIFICATION Section was formerly classified to section 541 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 401 of act Oct. 17, 1940, ch. 888, art. IV, 54 Stat. 1183; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 774; Pub. L. 102–12, § 9(12), Mar. 18, 1991, 105 Stat. 40, related to persons entitled to benefits, applications, and amount of insurance protected, prior to the general amendment of this Act by Pub. L. 108–189. See section 3972 of this title. Provisions similar to this section were contained in section 400 of act Oct. 17, 1940, ch. 888, art. IV, 54 Stat. 1183; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 773; July 11, 1956, ch. 570, § 1, 70 Stat. 528; Pub. L. 102–12, § 9(11), Mar. 18, 1991, 105 Stat. 40, prior to the general amendment of this Act by Pub. L. 108–189. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3972. Insurance rights and protections (a) Rights and protections The rights and protections under this sub- chapter apply to the insured when— (1) the insured, (2) the insured’s legal representative, or (3) the insured’s beneficiary in the case of an insured who is outside a State,