38 U.S.C. § 1983 — Settlements for minors or incompetents

Page 556 TITLE 38—VETERANS’ BENEFITS § 1983 §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 104–99, title II, § 201(b), Jan. 26, 1996, 110 Stat. 36.) Editorial Notes CODIFICATION Amendment by Pub. L. 104–99 is based on section 107(4) of H.R. 2099, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 7, 1995, which was enacted into law by Pub. L. 104–99. AMENDMENTS 1996—Pub. L. 104–99 substituted ‘‘Except as provided in sections 1920(c), 1923(d), and 1955(c) of this title, the United States’’ for ‘‘The United States’’. 1991—Pub. L. 102–83 renumbered section 782 of this title as this section and substituted ‘‘Secretary’’ for ‘‘Administrator’’. § 1983. Settlements for minors or incompetents When an optional mode of settlement of Na- tional Service Life Insurance or United States Government life insurance heretofore or here- after matured is available to a beneficiary who is a minor or incompetent, such option may be exercised by such beneficiary’s fiduciary, person qualified under the Act of February 25, 1933 (25 U.S.C. 14), or person recognized by the Secretary as having custody of the person or the estate of such beneficiary, and the obligation of the United States under the insurance contract shall be fully satisfied by payment of benefits in accordance with the mode of settlement so se- lected. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1165, § 783; Pub. L. 99–576, title VII, § 701(45), Oct. 28, 1986, 100 Stat. 3294; Pub. L. 102–54, § 14(b)(19), June 13, 1991, 105 Stat. 284; renumbered § 1983 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 783 of this title as this section and substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–54 substituted ‘‘the Act of February 25, 1933 (25 U.S.C. 14)’’ for ‘‘section 14 of title 25’’. 1986—Pub. L. 99–576 substituted ‘‘such beneficiary’s’’ for ‘‘his’’. § 1984. Suits on insurance (a) In the event of disagreement as to claim, including claim for refund of premiums, under contract of National Service Life Insurance, United States Government life insurance, or yearly renewable term insurance between the Secretary and any person or persons claiming thereunder an action on the claim may be brought against the United States either in the United States District Court for the District of Columbia or in the district court of the United States in and for the district in which such per- son or any one of them resides, and jurisdiction is conferred upon such courts to hear and deter- mine all such controversies. All persons having or claiming to have an interest in such insur- ance may be made parties to such suit, and such as are not inhabitants of or found within the dis- trict in which suit is brought may be brought in by order of the court to be served personally or by publication or in such other reasonable man- ner as the court may direct. In all cases where the Secretary acknowledges the indebtedness of the United States upon any such contract of in- surance and there is a dispute as to the person or persons entitled to payment, a suit in the na- ture of a bill of interpleader may be brought at the request of the Secretary in the name of the United States against all persons having or claiming to have any interest in such insurance in the United States District Court for the Dis- trict of Columbia or in the district court in and for the district in which any such claimant re- sides; however, no less than thirty days before instituting such suit the Secretary shall mail a notice of such intention to each of the persons to be made parties to the suit. The courts of ap- peals for the several circuits, including the Dis- trict of Columbia, shall respectively exercise ap- pellate jurisdiction and, except as provided in section 1254 of title 28, the decrees of such courts of appeals shall be final. (b) No suit on yearly renewable term insur- ance, United States Government life insurance, or National Service Life Insurance shall be al- lowed under this section unless the same shall have been brought within six years after the right accrued for which the claim is made. For the purposes of this section it shall be deemed that the right accrued on the happening of the contingency on which the claim is founded. The limitation of six years is suspended for the pe- riod elapsing between the filing with the Sec- retary of the claim sued upon and the denial of the claim. However, if a claim is timely filed the claimant shall have not less than ninety days from the date of mailing of notice of denial within which to file suit. After June 28, 1936, no- tice of denial of the claim under a contract of insurance shall be by registered mail or by cer- tified mail directed to the claimant’s last ad- dress of record. Infants, insane persons, or per- sons under other legal disability, or persons rated as incompetent or insane by the Secretary shall have three years in which to bring suit after the removal of their disabilities. If suit is seasonably begun and fails for defect in process, or for other reasons not affecting the merits, a new action, if one lies, may be brought within a year though the period of limitation has elapsed. No State or other statute of limitations shall be applicable to suits filed under this sec- tion. (c) In any suit, action, or proceeding brought under the provisions of this section subpenas for witnesses who are required to attend a court of the United States in any district may run into any other district. However, no writ of subpena shall issue for witnesses living out of the dis- trict in which the court is held at a greater dis- tance than one hundred miles from the place of holding the same without the permission of the court being first had upon proper application and cause shown. The word ‘‘district’’ and the words ‘‘district court’’ as used in this section shall be construed to include the District of Co- lumbia and the United States District Court for the District of Columbia. (d) Attorneys of the Department, when as- signed to assist in the trial of cases, and em-