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Title 38 — Veterans’ Benefits

Part II · Chapter 19 — Insurance

§ 1912. Total disability waiver

Statutory text

(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 .

(b)

The Secretary, upon any application made after , 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 , and , inclusive, or , and , inclusive, and (2) the insured remained continuously so totally disabled to the date of death or , 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 , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 1912

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1150, § 712

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1150, § 712

  2. Pub. L. 86–497 · 74 Stat. 164

    Added · 38 U.S.C. § 1912(d)

    Pub. L. 86–497 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 86–497 added subsec. (d).

  3. Pub. L. 88–364 · 78 Stat. 302

    Changed · 38 U.S.C. § 1912(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

    Source evidence

    Code amendment note
    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.

    Effective date note
    Pub. L. 88–364 provided that the amendment made by Pub. L. 88–364 is effective Jan. 1, 1965.

  4. Pub. L. 97–295 § 4(23) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 1912(d)

    Pub. L. 97–295 substituted “June 8, 1960” for “the date of enactment of this subsection” in two places

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–295 substituted “June 8, 1960” for “the date of enactment of this subsection” in two places.

    Enacted provision · exact public law section
    (23) Section 712(d) is amended by striking out “the date of enactment of this subsection” and substituting “June 8, 1960”.

  5. Pub. L. 99–576 title VII § 701(25) · 100 Stat. 3248

    1. Substituted · 38 U.S.C. § 1912(a); 38 U.S.C. § 1912(b); 38 U.S.C. § 1912(d)

      Pub. L. 99–576 substituted “the insured’s” for “his” in first sentence of subsec. (d)

    2. Substituted · 38 U.S.C. § 1912(a); 38 U.S.C. § 1912(b); 38 U.S.C. § 1912(d)

      Pub. L. 99–576 substituted “the insured” for “he” in first sentence of subsec. (d)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (25) Section 712 is amended— (A) by striking out “his” each place it appears and inserting in lieu thereof “the insured’s”; and (B) by striking out “he” in the first sentence of subsection (d) and inserting in lieu thereof “the insured”.

  6. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 1912

    Pub. L. 102–83, § 5(a), renumbered section 712 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 712 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  7. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1912(a)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  8. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1912(b)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in four places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in four places.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  9. Pub. L. 102–83 § 4(a)(2)(C)(ii) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1912(b)

    Pub. L. 102–83, § 4(a)(2)(C)(ii), substituted “by the Secretary” for “in the Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(2)(C)(ii), substituted “by the Secretary” for “in the Veterans’ Administration”.

    Enacted provision · exact public law section
    (ii) Section 712(b).

  10. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1912(d)

    Pub. L. 102–83, § 5(c)(1), substituted “1922(b)” for “722(b)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1922(b)” for “722(b)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

  11. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1912(d)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

9 of 12 references resolved to an enrolled provision · 3 partial

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), , 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.

Amendments1960–1991 · 5 rounds

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 “” 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 .

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 .

Credits

1958–1991 · 6 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1150, § 712
  2. 1960Pub. L. 86–497, , 74 Stat. 164
  3. 1964Pub. L. 88–364, , 78 Stat. 302
  4. 1982Pub. L. 97–295, § 4(23), , 96 Stat. 1306
  5. 1986Pub. L. 99–576, title VII, § 701(25), , 100 Stat. 3292
  6. 1991renumbered § 1912 and amended Pub. L. 102–83, §§ 4(a)(2)(C)(ii), (b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406.
Show as published

(Pub. L. 85–857, , 72 Stat. 1150, § 712; Pub. L. 86–497, , 74 Stat. 164; Pub. L. 88–364, , 78 Stat. 302; Pub. L. 97–295, § 4(23), , 96 Stat. 1306; Pub. L. 99–576, title VII, § 701(25), , 100 Stat. 3292; renumbered § 1912 and amended Pub. L. 102–83, §§ 4(a)(2)(C)(ii), (b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406.)

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