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Title 38 — Veterans’ Benefits

Part II · Chapter 19 — Insurance

§ 1918. Assignments

Statutory text

(a)

Assignments of all or any part of the beneficiary’s interest may be made by a designated beneficiary to a widow, widower, child, father, mother, grandfather, grandmother, brother, or sister of the insured, when the designated contingent beneficiary, if any, joins the beneficiary in the assignment, and if the assignment is delivered to the Secretary before any payments of the insurance shall have been made to the beneficiary. However, an interest in an annuity, when assigned, shall be payable in equal monthly installments in such multiple of twelve as most nearly equals the number of installments certain under such annuity, or in two hundred and forty installments, whichever is the lesser. The provisions of this subsection shall not be applicable to insurance maturing after .

(b)

Except as to insurance granted under the provisions of section 1922(b) of this title, any person to whom insurance maturing after , is payable may assign all or any portion of such person’s interest in such insurance to a widow, widower, child, father, mother, grandfather, grandmother, brother, or sister of the insured when the designated contingent beneficiary, if any, joins the beneficiary in the assignment. Such joinder shall not be required in any case in which the insurance proceeds are payable in a lump sum.

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. § 1918

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1153, § 718

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1153, § 718

  2. Pub. L. 87–557 § 1 · 76 Stat. 245

    1. Amended · 38 U.S.C. § 1918

      Pub. L. 87–557 designated existing provisions as subsec. (a)

    2. Inserted · 38 U.S.C. § 1918

      Pub. L. 87–557 inserted sentence making subsection inapplicable to insurance maturing on or after “the date of enactment of this sentence [July 27, 1962]”

    3. Added · 38 U.S.C. § 1918

      Pub. L. 87–557 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 87–557 designated existing provisions as subsec. (a), inserted sentence making subsection inapplicable to insurance maturing on or after “the date of enactment of this sentence [July 27, 1962]”, and added subsec. (b).

  3. Veterans’ Disability Compensation and Survivors’ Benefits Amendments of 1979

    Pub. L. 96–128 title III § 304 · 93 Stat. 982

    Substituted · 38 U.S.C. § 1918(b)

    Pub. L. 96–128 substituted “such person’s” for “his”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–128 substituted “such person’s” for “his”.

    Enacted provision · exact public law section
    Sec. 304. technical amendments Sections 718(b) and 753 are amended by striking out “his” and inserting in lieu thereof “such person’s”.

    Effective date note
    Amendment by Pub. L. 96–128 effective Nov. 28, 1979, see section 601(b) of Pub. L. 96–128, set out as a note under section 1114 of this title.

  4. Pub. L. 97–295 § 4(24) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 1918(a)

    Pub. L. 97–295 substituted “after July 26, 1962” for “on or after the date of enactment of this sentence”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–295 substituted “after July 26, 1962” for “on or after the date of enactment of this sentence”.

    Enacted provision · exact public law section
    (24) Section 718 (a) and (b) is amended by striking out “on or after the date of enactment of this sentence” and substituting “after July 26, 1962” and “after July 26, 1962,”, respectively.

  5. Pub. L. 97–295 § 4(24) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 1918(b)

    Pub. L. 97–295 substituted “after July 26, 1982,” for “on or after the date of enactment of this sentence”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–295 substituted “after July 26, 1982,” for “on or after the date of enactment of this sentence”.

    Enacted provision · exact public law section
    (24) Section 718 (a) and (b) is amended by striking out “on or after the date of enactment of this sentence” and substituting “after July 26, 1962” and “after July 26, 1962,”, respectively.

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

    Changed · 38 U.S.C. § 1918

    Pub. L. 102–83, § 5(a), renumbered section 718 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 718 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(a)(2)(A)(iii)(III) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1918(a)

    Pub. L. 102–83, § 4(a)(2)(A)(iii)(III), substituted “Secretary” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 4(a)(2)(A)(iii)(III), substituted “Secretary” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (III) section 718(a);

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

    Substituted · 38 U.S.C. § 1918(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). 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.

6 of 10 references resolved to an enrolled provision · 4 partial

Editorial Notes

Amendments1962–1991 · 4 rounds

1991

Pub. L. 102–83, § 5(a), renumbered section 718 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 4(a)(2)(A)(iii)(III), substituted “Secretary” for “Veterans’ Administration”.

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

1982

Subsec. (a). Pub. L. 97–295 substituted “after ” for “on or after the date of enactment of this sentence”.

Subsec. (b). Pub. L. 97–295 substituted “after ,” for “on or after the date of enactment of this sentence”.

1979

Subsec. (b). Pub. L. 96–128 substituted “such person’s” for “his”.

1962

Pub. L. 87–557 designated existing provisions as subsec. (a), inserted sentence making subsection inapplicable to insurance maturing on or after “the date of enactment of this sentence []”, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–128 effective , see section 601(b) of Pub. L. 96–128, set out as a note under section 1114 of this title.

Credits

1958–1991 · 5 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1153, § 718
  2. 1962Pub. L. 87–557, § 1, , 76 Stat. 245
  3. 1979Pub. L. 96–128, title III, § 304, , 93 Stat. 986
  4. 1982Pub. L. 97–295, § 4(24), , 96 Stat. 1306
  5. 1991renumbered § 1918 and amended Pub. L. 102–83, §§ 4(a)(2)(A)(iii)(III), 5(a), (c)(1), , 105 Stat. 403, 406.
Show as published

(Pub. L. 85–857, , 72 Stat. 1153, § 718; Pub. L. 87–557, § 1, , 76 Stat. 245; Pub. L. 96–128, title III, § 304, , 93 Stat. 986; Pub. L. 97–295, § 4(24), , 96 Stat. 1306; renumbered § 1918 and amended Pub. L. 102–83, §§ 4(a)(2)(A)(iii)(III), 5(a), (c)(1), , 105 Stat. 403, 406.)

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