Title 38 — Veterans’ Benefits
Part II · Chapter 19 — Insurance
§ 1960. Waiver of premium payments on due date
Statutory text
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.
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.
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. § 1960
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1163, § 760
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1163, § 760Pub. L. 97–295 § 4(28) · 96 Stat. 1287
Substituted · 38 U.S.C. § 1960(b)
Pub. L. 97–295 substituted “percent” for “per centum”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–295 substituted “percent” for “per centum”.Enacted provision · exact public law section
(28) Section 760(b) is amended by striking out “per centum” 38 USC 760. and substituting “percent”.Pub. L. 99–576 title VII § 701(34) · 100 Stat. 3248
Substituted · 38 U.S.C. § 1960(a)
Pub. L. 99–576 substituted “the guardian’s” for “his”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–576 substituted “the guardian’s” for “his”.Enacted provision · exact public law section
(34) Section 760(a) is amended by striking out “his” and inserting in lieu thereof “the guardian’s”.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1960
Pub. L. 102–83, § 5(a), renumbered section 760 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 760 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 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1960(a)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (a). 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.Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
Substituted · 38 U.S.C. § 1960(a)
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.Enacted provision · exact public law section
(3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1960(b)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (b). 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.
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1982–1991 · 3 rounds
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”.
Credits
1958–1991 · 4 acts
- 1958Pub. L. 85–857, , 72 Stat. 1163, § 760
- 1982Pub. L. 97–295, § 4(28), , 96 Stat. 1307
- 1986Pub. L. 99–576, title VII, § 701(34), , 100 Stat. 3293
- 1991renumbered § 1960 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), , 105 Stat. 404–406.
Show as published
(Pub. L. 85–857, , 72 Stat. 1163, § 760; Pub. L. 97–295, § 4(28), , 96 Stat. 1307; Pub. L. 99–576, title VII, § 701(34), , 100 Stat. 3293; renumbered § 1960 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), , 105 Stat. 404–406.)