38 U.S.C. § 1952 — Optional settlement

Page 522 TITLE 38—VETERANS’ BENEFITS § 1950 Editorial Notes AMENDMENTS 2022—Pub. L. 117–313 amended section generally. Prior to amendment, text read as follows: ‘‘Subject to regula- tions, the insured shall at all times have the right to change the beneficiary or beneficiaries of a United States Government life insurance policy without the consent of such beneficiary or beneficiaries.’’ 1991—Pub. L. 102–83 renumbered section 749 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–313 applicable with re- spect to the death of an insured person occurring on or after the date that is two years before Dec. 27, 2022, see section 3(c) of Pub. L. 117–313, set out as a note under section 1917 of this title. § 1950. Payment to estates If no beneficiary of insurance is designated by the insured, either while alive or by last will, or if the designated beneficiary does not survive the insured, then there shall be paid to the es- tate of the insured the present value of the re- maining unpaid monthly installments. If the designated beneficiary survives the insured and dies before receiving all of the installments of insurance payable and applicable, then there shall be paid to the estate of such beneficiary the present value of the remaining unpaid monthly installments. No payments shall be made to any estate which under the laws of the residence of the insured or the beneficiary, as the case may be, would escheat, but same shall escheat to the United States and be credited to the United States Government Life Insurance Fund. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1160, § 750; Pub. L. 99–576, title VII, § 701(31), Oct. 28, 1986, 100 Stat. 3293; renumbered § 1950, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 750 of this title as this section. 1986—Pub. L. 99–576 substituted ‘‘while alive or by last will’’ for ‘‘in his lifetime or by his last will and tes- tament’’. § 1951. Payment of insurance United States Government life insurance, ex- cept as provided in this subchapter, shall be pay- able in two hundred and forty equal monthly in- stallments. When the amount of an individual monthly payment is less than $5, such amount may in the discretion of the Secretary be al- lowed to accumulate without interest and be disbursed annually. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1161, § 751; renumbered § 1951 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 751 of this title as this section and substituted ‘‘Secretary’’ for ‘‘Administrator’’. § 1952. Optional settlement (a) The Secretary may provide in insurance contracts for optional settlements, to be se- lected by the insured, whereby such insurance may be made payable either in one sum or in in- stallments for thirty-six months or more. A pro- vision may also be included in such contracts authorizing the beneficiary to elect to receive payment of the insurance in installments for thirty-six months or more, but only if the in- sured has not exercised the right of election as provided in this subchapter. Even though the in- sured may have exercised the right of election the beneficiary may elect to receive such insur- ance in installments spread over a greater pe- riod of time than that selected by the insured. Notwithstanding any provision to the contrary in any insurance contract, the beneficiary may, in the case of insurance maturing after Sep- tember 30, 1981, and for which the insured has not exercised the right of election of the insured as provided in this subchapter, elect to receive payment of the insurance in one sum. (b) Under such regulations as the Secretary may promulgate, the cash surrender value of any policy of insurance or the proceeds of an en- dowment contract which matures by reason of completion of the endowment period may be paid to the insured (1) in equal monthly install- ments of from thirty-six to two hundred and forty in number, in multiples of twelve; or (2) as a refund life income in monthly installments payable for such periods certain as may be re- quired in order that the sum of the installments certain, including a last installment of such re- duced amount as may be necessary, shall equal the cash value of the contract, less any indebt- edness, with such payments continuing through- out the lifetime of the insured. However, all set- tlements under option (2) above shall be cal- culated on the basis of The Annuity Table for 1949. If the option selected requires payment of monthly installments of less than $10, the amount payable shall be paid in such maximum number of monthly installments as are a mul- tiple of twelve as will provide a monthly install- ment of not less than $10. (c)(1) Following the death of the insured and in a case not covered by section 1950 of this title— (A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within one year after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as des- ignated by the insured, as if the first bene- ficiary had predeceased the insured; and (B) if, within two years after the death of the insured, no claim has been filed by a per- son designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other pro- vision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. (2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1161, § 752; Pub. L. 91–291, § 12, June 25, 1970, 84 Stat. 332; Page 523 TITLE 38—VETERANS’ BENEFITS § 1955 Pub. L. 97–66, title IV, § 403(b), Oct. 17, 1981, 95 Stat. 1031; Pub. L. 99–576, title VII, § 701(32), Oct. 28, 1986, 100 Stat. 3293; renumbered § 1952 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 108–183, title I, § 103(b), Dec. 16, 2003, 117 Stat. 2655; Pub. L. 117–313, § 2(b), Dec. 27, 2022, 136 Stat. 4399.) Editorial Notes AMENDMENTS 2022—Subsec. (c)(1)(A). Pub. L. 117–313, § 2(b)(1), sub- stituted ‘‘one year’’ for ‘‘two years’’. Subsec. (c)(1)(B). Pub. L. 117–313, § 2(b)(2), substituted ‘‘two years’’ for ‘‘four years’’. 2003—Subsec. (c). Pub. L. 108–183 added subsec. (c). 1991—Pub. L. 102–83 renumbered section 752 of this title as this section and substituted ‘‘Secretary’’ for ‘‘Administrator’’ in subsecs. (a) and (b). 1986—Subsec. (a). Pub. L. 99–576 substituted ‘‘the right’’ for ‘‘his right’’ in two places. 1981—Subsec. (a). Pub. L. 97–66 inserted provision em- powering beneficiaries, in the case of insurance matur- ing after Sept. 30, 1981, and for which the insured has not exercised the right of election of the insured as pro- vided in this subchapter, to elect to receive payment of the insurance in one sum. 1970—Pub. L. 91–291 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–313 applicable with re- spect to the death of an insured person occurring on or after the date that is two years before Dec. 27, 2022, see section 2(c) of Pub. L. 117–313, set out as a note under section 1917 of this title. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–183 effective Oct. 1, 2004, see section 103(c) of Pub. L. 108–183, set out as a note under section 1917 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–66 effective Oct. 17, 1981, see section 701(b)(1) of Pub. L. 97–66, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–291 effective first day of first calendar month which begins more than six cal- endar months after June 25, 1970, see section 14(a) of Pub. L. 91–291, set out as a note under section 1317 of this title. TRANSITION PROVISION For transition provision relating to subsec. (c)(1) of this section, see section 103(d) of Pub. L. 108–183, set out as a note under section 1917 of this title. § 1953. Assignments Any person to whom United States Govern- ment life insurance shall be payable may assign such person’s interest in such insurance to the spouse, child, grandchild, parent, brother, sister, uncle, aunt, nephew, niece, brother-in-law, or sister-in-law of the insured. Insofar as applica- ble, the definitions contained in section 3 of the World War Veterans’ Act, 1924, in effect on De- cember 31, 1958, shall apply to this section. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1161, § 753; Pub. L. 96–128, title III, § 304, Nov. 28, 1979, 93 Stat. 986; renumbered § 1953, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes REFERENCES IN TEXT Section 3 of the World War Veterans’ Act, 1924, re- ferred to in text, is section 3 of act June 7, 1924, ch. 320, 43 Stat. 607, which was classified to section 424 of former Title 38, Pensions, Bonuses, and Veterans’ Re- lief, and which was repealed and the provisions thereof reenacted as section 101 of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 753 of this title as this section. 1979—Pub. L. 96–128 substituted ‘‘such person’s’’ for ‘‘his’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–128 effective Nov. 28, 1979, see section 601(b) of Pub. L. 96–128, set out as a note under section 1114 of this title. § 1954. Forfeiture No yearly renewable term insurance or United States Government life insurance shall be pay- able for death inflicted as a lawful punishment for crime or military offense, except when in- flicted by the enemy. In such cases the cash sur- render value of United States Government life insurance, if any, on the date of such death shall be paid to the designated beneficiary if living, or if there be no designated beneficiary alive at the death of the insured the said value shall be paid to the estate of the insured. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1161, § 754; renumbered § 1954, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 754 of this title as this section. § 1955. United States Government Life Insurance Fund (a) All premiums paid on account of United States Government life insurance shall be depos- ited and covered into the Treasury to the credit of the United States Government Life Insurance Fund and shall be available for the payment of losses, dividends, refunds, and other benefits provided for under such insurance, including such liabilities as shall have been or shall here- after be reduced to judgment in a district court of the United States or the United States Dis- trict Court for the District of Columbia, and for the reimbursement of administrative costs under subsection (c). Payments from this fund shall be made upon and in accordance with awards by the Secretary. (b) The Secretary is authorized to set aside out of the funds so collected such reserve funds as may be required, under accepted actuarial principles, to meet all liabilities under such in- surance; and the Secretary of the Treasury is authorized to invest and reinvest the said United States Government Life Insurance Fund, or any part thereof, in interest-bearing obliga- tions of the United States or bonds of the Fed-