Title 38 — Veterans’ Benefits
Part II · Chapter 19 — Insurance
§ 1915. Total disability income provision
Statutory text
The Secretary shall, except as hereinafter provided, upon application by the insured and proof of good health satisfactory to the Secretary and payment of such extra premium as the Secretary shall prescribe, include in any National Service Life Insurance policy on the life of the insured (except a policy issued under section 620 of the National Service Life Insurance Act of 1940, or section 1922 of this title) provisions whereby an insured who is shown to have become totally disabled for a period of six consecutive months or more commencing after the date of such application and before attaining the age of sixty-five and while the payment of any premium is not in default, shall be paid monthly disability benefits from the first day of the seventh consecutive month of and during the continuance of such total disability of $10 for each $1,000 of such insurance in effect when such benefits become payable. The total disability provision authorized under this section shall not be issued unless application therefor is made either prior to the insured’s fifty-fifth birthday, or before the insured’s sixtieth birthday and prior to . The total disability provision authorized under this section shall not be added to a policy containing the total disability coverage heretofore issued under section 602(v) of the National Service Life Insurance Act of 1940, or the provisions of this section as in effect before , except upon surrender of such total disability coverage, proof of good health, if required, satisfactory to the Secretary, and payment of such extra premium as the Secretary shall determine is required in such cases. Participating policies containing additional provisions for the payment of disability benefits may be separately classified for the purpose of dividend distribution from otherwise similar policies not containing such benefits.
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.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 1915
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1151, § 715
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1151, § 715Pub. L. 88–355 · 78 Stat. 272
Inserted · 38 U.S.C. § 1915
Pub. L. 88–355 authorized issuance of total disability income provisions to provide coverage to age 65 instead of to age 60, provided that said provisions shall not be issued unless application therefor is made either prior to the insured’s 55th birthday, or before the insured’s 60th birthday and prior to Jan. 1, 1966, and inserted “or the provisions of this section as in effect before January 1, 1965” before “except upon surrender”, and “if required” after “proof of good health.”
Source evidence
Code amendment note
Pub. L. 88–355 authorized issuance of total disability income provisions to provide coverage to age 65 instead of to age 60, provided that said provisions shall not be issued unless application therefor is made either prior to the insured’s 55th birthday, or before the insured’s 60th birthday and prior to Jan. 1, 1966, and inserted “or the provisions of this section as in effect before January 1, 1965” before “except upon surrender”, and “if required” after “proof of good health.”Effective date note
Pub. L. 88–355 provided that the amendment made by Pub. L. 88–355 is effective Jan. 1, 1965.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1915
Pub. L. 102–83, § 5(a), renumbered section 715 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 715 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.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1915
Pub. L. 102–83, § 5(c)(1), substituted “1922” for “722”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 5(c)(1), substituted “1922” for “722”.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.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1915
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing
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” wherever appearing.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.
3 of 5 references resolved to an enrolled provision · 2 partial
Editorial Notes
References in Text
Section 620 of the National Service Life Insurance Act of 1940, referred to in text, is section 620 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, § 10, 65 Stat. 36, which enacted section 821 of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and which was repealed and the provisions thereof reenacted as section 722 [now 1922] of this title by Pub. L. 85–857, , 72 Stat. 1105.
Section 602(v) of the National Service Life Insurance Act of 1940, referred to in text, is section 602(v) of act Oct. 8, 1940, ch. 757, title VI, pt. I, 54 Stat. 1009, which enacted section 802(v) of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and which was repealed and the provisions thereof reenacted as this section and section 721 [now 1921] of this title by Pub. L. 85–857, , 72 Stat. 1105.
Amendments1964–1991 · 2 rounds
1991
Pub. L. 102–83, § 5(a), renumbered section 715 of this title as this section.
Pub. L. 102–83, § 5(c)(1), substituted “1922” for “722”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
1964
Pub. L. 88–355 authorized issuance of total disability income provisions to provide coverage to age 65 instead of to age 60, provided that said provisions shall not be issued unless application therefor is made either prior to the insured’s 55th birthday, or before the insured’s 60th birthday and prior to , and inserted “or the provisions of this section as in effect before ” before “except upon surrender”, and “if required” after “proof of good health.”
Statutory Notes and Related Subsidiaries
Effective Date of 1964 Amendment
Pub. L. 88–355 provided that the amendment made by Pub. L. 88–355 is effective .
Credits
1958–1991 · 3 acts
- 1958Pub. L. 85–857, , 72 Stat. 1151, § 715
- 1964Pub. L. 88–355, , 78 Stat. 272
- 1991renumbered § 1915 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406.
Show as published
(Pub. L. 85–857, , 72 Stat. 1151, § 715; Pub. L. 88–355, , 78 Stat. 272; renumbered § 1915 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406.)