§1912 — Title 38 Veterans' Benefits | U.S. Code

Summary

An insured person can ask to stop paying insurance premiums while they are totally disabled. The waiver can start if the disability lasts six or more months, began after they applied for insurance, started while the insurance was in force and while premiums were being paid, and began before the person turned 65. If the disability began on or after the person’s 60th birthday but before their 65th, no waiver can cover premiums due before January 1, 1965. The Secretary sets rules for applying, may require exams, and can deny benefits if the person does not cooperate. Premiums paid for months that are later waived must be refunded. If the Secretary finds the person is no longer totally disabled, the waiver stops as of that finding and the policy can be kept by paying premiums. If failure to apply or to give evidence was beyond the person’s control, the Secretary may still grant or continue the waiver. If the insured dies without applying, a beneficiary may apply within one year of death (or within one year after the beneficiary is no longer a minor or insane). The cost of the waiver is not charged as a separate deduction from benefits. There is a special rule for certain wartime cases. If total disability began after a valid application but before the policy took effect, and the disability happened in line of duty between October 8, 1940, and July 31, 1946, or between June 27, 1950, and April 30, 1951, and the person remained disabled until death or June 8, 1960 (whichever came first), the Secretary may grant waiver of premiums from the start of the disability. Applications for these cases had to be filed within two years after June 8, 1960, with extra time for minors or insane persons. No insurance is put in force under this rule if the person already received certain other awards. The total U.S. Government life insurance under this rule plus other government life insurance at death or at application cannot exceed $10,000 and must be reduced by any gratuitous insurance awarded under the National Service Life Insurance Act of 1940. While this special waiver is in effect, the insurance is nonparticipating, and the United States pays the cost of the waiver and any death benefits under this rule.

Title 38, §1912

Veterans' Benefits — Source: USLM XML via OLRC

(a)Upon application by the insured and under such regulations as the Secretary may promulgate, payment of premiums on insurance may be waived during the continuous total disability of the insured, which continues or has continued for six or more consecutive months, if such disability began (1) after the date of the insured’s application for insurance, (2) while the insurance was in force under premium-paying conditions, and (3) before the insured’s sixty-fifth birthday. Notwithstanding any other provision of this chapter, in any case in which the total disability of the insured commenced on or after the insured’s sixtieth birthday but before the insured’s sixty-fifth birthday, the Secretary shall not grant waiver of any premium becoming due prior to January 1, 1965.

(b)The Secretary, upon any application made after August 1, 1947, shall not grant waiver of any premium becoming due more than one year before the receipt by the Secretary of application for the same, except as provided in this section. Any premiums paid for months during which waiver is effective shall be refunded. The Secretary shall provide by regulations for examination or reexamination of an insured claiming benefits under this section, and may deny benefits for failure to cooperate. If it is found that an insured is no longer totally disabled, the waiver of premiums shall cease as of the date of such finding and the policy of insurance may be continued by payment of premiums as provided in said policy. In any case in which the Secretary finds that the insured’s failure to make timely application for waiver of premiums or the insured’s failure to submit satisfactory evidence of the existence or continuance of total disability was due to circumstances beyond the insured’s control, the Secretary may grant waiver or continuance of waiver of premiums.

(c)If the insured dies without filing application for waiver, the beneficiary, within one year after the death of the insured, or, if the beneficiary is insane or a minor, within one year after removal of such legal disability, may file application for waiver with evidence of the insured’s right to waiver under this section. Premium rates shall be calculated without charge for the cost of waiver of premiums provided in this section and no deduction from benefits otherwise payable shall be made on account thereof.

(d)In any case in which an insured has been denied or would have been denied premium waiver under section 602(n) of the National Service Life Insurance Act of 1940 or this section solely because the insured became totally disabled between the date of valid application for insurance and the subsequent effective date thereof, and in which it is shown that (1) the total disability was incurred in line of duty between October 8, 1940, and July 31, 1946, inclusive, or June 27, 1950, and April 30, 1951, inclusive, and (2) the insured remained continuously so totally disabled to the date of death or June 8, 1960, whichever is earlier, the Secretary may grant waiver of premiums from the beginning of and during the continuous total disability of such insured. Application for waiver of premiums under this subsection must be filed by the insured or, in the event of the insured’s death, by the beneficiary within two years after June 8, 1960, except that if the insured or the beneficiary be insane or a minor within the two-year period, application for such waiver may be filed within two years after removal of such legal disability, or if an insane insured shall die before the removal of the disability, application may be filed by the beneficiary within two years after the insured’s death. No insurance shall be placed in force under this subsection in any case in which there was an award of benefits under the Servicemen’s Indemnity Act of 1951 or of gratuitous insurance under section 1922(b) of this title. The amount of insurance placed in force hereunder together with any other United States Government life insurance or national service life insurance in force at the time of death, or at the time of the insured’s application for waiver hereunder, may not exceed $10,000 and shall be reduced by the amount of any gratuitous insurance awarded under the National Service Life Insurance Act of 1940. Waiver of premiums under this subsection shall render the insurance nonparticipating during the period such premium waiver is in effect. The cost of waiver of premium and death benefits paid as a result of this subsection shall be borne by the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Servicemen’s Indemnity Act of 1951, referred to in subsec. (d), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, as amended, which was classified generally to subchapter II (§ 851 et seq.) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and was repealed by act Aug. 1, 1956, ch. 837, title V, § 502(9), 70 Stat. 886. The National Service Life Insurance Act of 1940, referred to in subsec. (d), is act Oct. 8, 1940, ch. 757, title VI, pt. I, §§ 601 to 623, 54 Stat. 1008, which was classified generally to subchapter I (§§ 801 to 824) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and which was repealed by Pub. L. 85–857, § 14(75), Sept. 2, 1958, 72 Stat. 1272, and the provisions thereof reenacted generally as this subchapter by the first section of Pub. L. 85–857 which enacted Title 38, Veterans’ Benefits. section 602(n) of the 1940 Act, also referred to in subsec. (d), is covered by this section.

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 712 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in four places. Pub. L. 102–83, § 4(a)(2)(C)(ii), substituted “by the Secretary” for “in the Veterans’ Administration”. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1922(b)” for “722(b)”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1986—Subsecs. (a), (b), (d). Pub. L. 99–576 substituted “the insured’s” for “his” wherever appearing, and “the insured” for “he” in first sentence of subsec. (d). 1982—Subsec. (d). Pub. L. 97–295 substituted “June 8, 1960” for “the date of enactment of this subsection” in two places. 1964—Subsec. (a). Pub. L. 88–364 extended from age 60 to age 65 the age before which a person must become totally disabled to be eligible for waiver of premiums, and provided that where total disability commenced on or after the 60th birthday but before the 65th, the Administrator shall not waive premiums becoming due prior to Jan. 1, 1965. 1960—Subsec. (d). Pub. L. 86–497 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 1964 Amendment Pub. L. 88–364 provided that the amendment made by Pub. L. 88–364 is effective Jan. 1, 1965.

§1912 Total disability waiver