38 U.S.C. § 1980 — Option to receive accelerated death ben-

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 Page 551 TITLE 38—VETERANS’ BENEFITS § 1980A (2) the procedures under which any such ap- plication shall be considered. (f)(1) An election to receive a benefit under this section shall be irrevocable. (2) A person may not make more than one election under this section, even if the election of the person is to receive less than the max- imum amount of the benefit available to the person under this section. (g) If a person insured under Servicemembers’ Group Life Insurance elects to receive a benefit under this section and the person’s Servicemembers’ Group Life Insurance is there- after converted to Veterans’ Group Life Insur- ance as provided in section 1968(b) of this title, the amount of the benefit paid under this sec- tion shall reduce the amount of Veterans’ Group Life Insurance available to the person under sec- tion 1977(a) of this title. (h) Notwithstanding any other provision of law, the amount of the accelerated death benefit received by a person under this section shall not be considered income or resources for purposes of determining eligibility for or the amount of benefits under any Federal or federally-assisted program or for any other purpose. (Added Pub. L. 105–368, title III, § 302(a)(1), Nov. 11, 1998, 112 Stat. 3332; amended Pub. L. 111–275, title IV, § 405(a), Oct. 13, 2010, 124 Stat. 2880.) Editorial Notes AMENDMENTS 2010—Subsec. (b)(1). Pub. L. 111–275 struck out ‘‘re- duced by an amount necessary to assure that there is no increase in the actuarial value of the benefit paid, as determined by the Secretary’’ after ‘‘death benefit’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–275, title IV, § 405(b), Oct. 13, 2010, 124 Stat. 2880, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to a payment of an accelerated death benefit under section 1980 of title 38, United States Code, made on or after the date of the enactment of this Act [Oct. 13, 2010].’’ EFFECTIVE DATE Section effective 90 days after Nov. 11, 1998, see sec- tion 302(c) of Pub. L. 105–368, set out as an Effective Date of 1998 Amendment note under section 1970 of this title. § 1980A. Traumatic injury protection (a)(1) A member of the uniformed services who is insured under Servicemembers’ Group Life In- surance shall automatically be insured for trau- matic injury in accordance with this section. In- surance benefits under this section shall be pay- able if the member, while so insured, sustains a traumatic injury on or after December 1, 2005, that results in a qualifying loss specified pursu- ant to subsection (b)(1). (2) If a member suffers more than one such qualifying loss as a result of traumatic injury from the same traumatic event, payment shall be made under this section in accordance with the schedule prescribed pursuant to subsection (d) for the single loss providing the highest pay- ment. (b)(1) A member who is insured against trau- matic injury under this section is insured against such losses due to traumatic injury (in this section referred to as ‘‘qualifying losses’’) as are prescribed by the Secretary by regula- tion. Qualifying losses so prescribed shall in- clude the following: (A) Total and permanent loss of sight. (B) Loss of a hand or foot by severance at or above the wrist or ankle. (C) Total and permanent loss of speech. (D) Total and permanent loss of hearing in both ears. (E) Loss of thumb and index finger of the same hand by severance at or above the metacarpophalangeal joints. (F) Quadriplegia, paraplegia, or hemiplegia. (G) Burns greater than second degree, cov- ering 30 percent of the body or 30 percent of the face. (H) Coma or the inability to carry out the activities of daily living resulting from trau- matic injury to the brain. (2) For purposes of this subsection: (A) The term ‘‘quadriplegia’’ means the com- plete and irreversible paralysis of all four limbs. (B) The term ‘‘paraplegia’’ means the com- plete and irreversible paralysis of both lower limbs. (C) The term ‘‘hemiplegia’’ means the com- plete and irreversible paralysis of the upper and lower limbs on one side of the body. (D) The term ‘‘inability to carry out the ac- tivities of daily living’’ means the inability to independently perform two or more of the fol- lowing six functions: (i) Bathing. (ii) Continence. (iii) Dressing. (iv) Eating. (v) Toileting. (vi) Transferring. (3) The Secretary may prescribe, by regula- tion, conditions under which coverage otherwise provided under this section is excluded. (4) A member shall not be considered for the purposes of this section to be a member insured under Servicemembers’ Group Life Insurance if the member is insured under Servicemembers’ Group Life Insurance only as an insurable de- pendent of another member pursuant to sub- paragraph (A)(ii) or (C)(ii) of section 1967(a)(1) of this title. (c)(1) A payment may be made to a member under this section only for a qualifying loss that results directly from a traumatic injury sus- tained while the member is covered against loss under this section and from no other cause. (2)(A) A payment may be made to a member under this section for a qualifying loss resulting from a traumatic injury only for a loss that is incurred during the applicable period of time specified pursuant to subparagraph (B). (B) For each qualifying loss, the Secretary shall prescribe, by regulation, a period of time to be the period of time within which a loss of that type must be incurred, determined from the date on which the member sustains the trau- matic injury resulting in that loss, in order for that loss to be covered under this section.