38 U.S.C. § 1960: Waiver of premium payments…

Summary

The Secretary can make rules to skip life‑insurance premium payments on their due date for three groups: people in a Department hospital for a compensable disability; people rated temporarily totally disabled for a compensable injury or disease while so rated; and people found mentally incompetent with no guardian, until a guardian is qualified but no later than six months after a guardian is appointed. Mental incompetency waivers are automatic and can be retroactive. Waivers count full calendar months, starting the month the condition begins and ending the month they stop qualifying. Any waived premiums earn 5 percent interest per year, compounded annually, from each due date. If not paid, the unpaid amount and interest may be taken from the policy when it is settled or matures because of death or permanent total disability. If a lien under this rule is greater than the policy’s cash surrender value when the policy ends for reasons other than death or permanent total disability, the Secretary may move funds from the military and naval insurance appropriation to the United States Government Life Insurance Fund to cover the excess.

Title 38, §1960

Veterans' Benefits, Source: USLM XML via OLRC

(a)The Secretary is authorized to provide by regulations for waiving the payment of premiums on United States Government life insurance on the due date thereof and the insurance may be deemed not to lapse in the cases of the following persons: (1) those who are confined in hospital under the Department for a compensable disability during the period while they are so confined; (2) those who are rated as temporarily totally disabled by reason of any injury or disease entitling them to compensation during the period of such total disability and while they are so rated; (3) those who, while mentally incompetent and for whom no legal guardian had been or has been appointed, allowed or may allow their insurance to lapse during the period for which they have been or hereafter may be rated mentally incompetent, or until a guardian has notified the Department of the guardian’s qualification, but not later than six months after appointment of a guardian. In mentally incompetent cases the waiver is to be made without application and retroactive when necessary. Relief from payment of premiums on the due date thereof shall be for full calendar months, beginning with the month in which said confinement to hospital, the temporary total disability rating, or the mental incompetency began or begins and ending with that month during the half or major fraction of which such persons are no longer entitled to waiver as provided above.

(b)All premiums the payment of which when due is waived as provided in this section shall bear interest at the rate of 5 percent per annum, compounded annually, from the due date of each premium, and if not paid by the insured shall be deducted from the insurance in any settlement thereunder, or when the same matures either because of permanent total disability or death. In the event any lien or other indebtedness established by this section or prior corresponding provision of law exists against any policy of United States Government life insurance in excess of the then cash surrender value thereof at the time of the termination of such policy of insurance for any reason other than by death or total permanent disability the Secretary is authorized to transfer and pay from the military and naval insurance appropriation to the United States Government Life Insurance Fund a sum equal to the amount such lien or indebtedness exceeds the then cash surrender value.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 760 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1986—Subsec. (a). Pub. L. 99–576 substituted “the guardian’s” for “his”. 1982—Subsec. (b). Pub. L. 97–295 substituted “percent” for “per centum”.

§1960 Waiver of Premium Payments on Due Date

Summary

Title 38, §1960

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata