Title 38 — Veterans’ Benefits
Part II · Chapter 19 — Insurance
§ 1949. Beneficiaries
Statutory text
Designation.—
A person who enrolls in United States Government life insurance may designate a beneficiary of the insurance policy. Subject to regulations, the insured person shall at all times have the right to change the beneficiary or beneficiaries of a United States Government life insurance policy without the consent of such beneficiary or beneficiaries.
Determination in Cases of Non-Designation.—
If a person enrolled in United States Government life insurance does not designate a beneficiary under subsection (a) before the insured person dies, or if a designated beneficiary predeceases the insured person, the Secretary shall determine the beneficiary in the following order:
The surviving spouse of the insured person.
The children of the insured person and descendants of deceased children by representation.
The parents of the insured person or the survivors of the parents.
The duly appointed executor or administrator of the estate of the insured person.
Other next of kin of the insured person entitled under the laws of domicile of the insured person at the time of the death of the insured person.
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. § 1949
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1160, § 749
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1160, § 749Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1949
Pub. L. 102–83 renumbered section 749 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83 renumbered section 749 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.Faster Payments to Veterans’ Survivors Act of 2022
Pub. L. 117–313 § 3(b)(1) · 136 Stat. 4399
Amended · 38 U.S.C. § 1949
Pub. L. 117–313 amended section generally. Prior to amendment, text read as follows: “Subject to regulations, the insured shall at all times have the right to change the beneficiary or beneficiaries of a United States Government life insurance policy without the consent of such beneficiary or beneficiaries.”
Source evidence
Code amendment note
Pub. L. 117–313 amended section generally. Prior to amendment, text read as follows: “Subject to regulations, the insured shall at all times have the right to change the beneficiary or beneficiaries of a United States Government life insurance policy without the consent of such beneficiary or beneficiaries.”Enacted provision · exact public law section
(1) In general.— Section 1949 of such title is amended to read as follows: “§ 1949. Beneficiaries “(a) Designation.— A person who enrolls in United States Government life insurance may designate a beneficiary of the insurance policy. Subject to regulations, the insured person shall at all times have the right to change the beneficiary or beneficiaries of a United States Government life insurance policy without the consent of such beneficiary or beneficiaries. “(b) Determination in Cases of Non-Designation.— If a person enrolled in United States Government life insurance does not designate a beneficiary under subsection (a) before the insured person dies, or if a designated beneficiary predeceases the insured person, the Secretary shall determine the beneficiary in the following order: “(1) The surviving spouse of the insured person. “(2) The children of the insured person and descendants of deceased children by representation. “(3) The parents of the insured person or the survivors of the parents. “(4) The duly appointed executor or administrator of the estate of the insured person. “(5) Other next of kin of the insured person entitled under the laws of domicile of the insured person at the time of the death of the insured person.” .Effective date note
Amendment by Pub. L. 117–313 applicable with respect to the death of an insured person occurring on or after the date that is two years before Dec. 27, 2022, see section 3(c) of Pub. L. 117–313, set out as a note under section 1917 of this title.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1991–2022 · 2 rounds
2022
Pub. L. 117–313 amended section generally. Prior to amendment, text read as follows: “Subject to regulations, the insured shall at all times have the right to change the beneficiary or beneficiaries of a United States Government life insurance policy without the consent of such beneficiary or beneficiaries.”
1991
Pub. L. 102–83 renumbered section 749 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by Pub. L. 117–313 applicable with respect to the death of an insured person occurring on or after the date that is two years before , see section 3(c) of Pub. L. 117–313, set out as a note under section 1917 of this title.
Credits
1958–2022 · 3 acts
- 1958Pub. L. 85–857, , 72 Stat. 1160, § 749
- 1991renumbered § 1949, Pub. L. 102–83, § 5(a), , 105 Stat. 406
- 2022amended Pub. L. 117–313, § 3(b)(1), , 136 Stat. 4400.
Show as published
(Pub. L. 85–857, , 72 Stat. 1160, § 749; renumbered § 1949, Pub. L. 102–83, § 5(a), , 105 Stat. 406; amended Pub. L. 117–313, § 3(b)(1), , 136 Stat. 4400.)