Title 38 — Veterans’ Benefits
Part II · Chapter 19 — Insurance
§ 1969. Deductions; payment; investment; expenses
Statutory text
During any period in which a member, on active duty or active duty for training under a call or order to such duty that does not specify a period of less than thirty-one days, is insured under Servicemembers’ Group Life Insurance, there shall be deducted each month from the member’s basic or other pay until separation or release from such duty an amount determined by the Secretary (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of such duty in the uniformed service.
During any month in which a member is assigned to the Ready Reserve of a uniformed service under conditions which meet the qualifications of (subparagraph (B) or (C) of section 1965(5) of this title, and is insured under a policy of insurance purchased by the Secretary, under section 1966 of this title, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary (which shall be the same for all such members) as the share of the cost attributable to insuring such member under this policy, less any costs traceable to the extra hazards of such duty in the uniformed services. Any amounts so contributed on behalf of any individual shall be collected by the Secretary concerned from such individual (by deduction from pay or otherwise) and shall be credited to the appropriation from which such contribution was made.
If an individual who is required pursuant to subparagraph (A) to make a direct remittance of costs to the Secretary concerned fails to make the required remittance within 60 days of the date on which such remittance is due, such individual’s insurance with respect to which such remittance is required shall be terminated by the Secretary concerned. Such termination shall be made by written notice to the individual’s official address and shall be effective 60 days after the date of such notice. Such termination of insurance may be vacated if, before the effective date of termination, the individual remits all amounts past due for such insurance and demonstrates to the satisfaction of the Secretary concerned that the failure to make timely remittances was justifiable.
During any fiscal year, or portion thereof, that a member is on active duty or active duty for training under a call or order to such duty that specifies a period of less than thirty-one days, or is authorized or required to perform inactive duty training scheduled in advance by competent authority, and is insured under Servicemembers’ Group Life Insurance, the Secretary concerned shall collect from the member (by deduction from pay or otherwise) an amount determined by the Secretary (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of such duty in the uniformed service.
Any amount not deducted from the basic or other pay of a member insured under Servicemembers’ Group Life Insurance, or collected from the member by the Secretary concerned, if not otherwise paid, shall be deducted from the proceeds of any insurance thereafter payable. The initial monthly amount under paragraph (1) or (2) hereof, or fiscal year amount under paragraph (3) hereof, determined by the Secretary to be charged under this section for Servicemembers’ Group Life Insurance may be continued from year to year, except that the Secretary may redetermine such monthly or fiscal year amounts from time to time in accordance with experience. No refunds will be made to any member of any amount properly deducted from the member’s basic or other pay, or collected from the member by the Secretary concerned, to cover the insurance granted under Servicemembers’ Group Life Insurance.
For each month for which any member is so insured, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary and certified to the Secretary concerned to be the cost of Servicemembers’ Group Life Insurance which is traceable to the extra hazard of duty in the uniformed services. Effective , such cost shall be determined by the Secretary on the basis of the excess mortality incurred by members and former members of the uniformed services insured under Servicemembers’ Group Life Insurance above what their mortality would have been under peacetime conditions as such mortality is determined by the Secretary using such methods and data as the Secretary shall determine to be reasonable and practicable. The Secretary is authorized to make such adjustments regarding contributions from pay appropriations as may be indicated from actual experience.
An amount equal to the first amount due on Servicemembers’ Group Life Insurance may be advanced from current appropriations for active-service pay to any such member, which amount shall constitute a lien upon any service or other pay accruing to the person from whom such advance was made and shall be collected therefrom if not otherwise paid. No disbursing or certifying officer shall be responsible for any loss incurred by reason of such advance.
The sums withheld from the basic or other pay of members, or collected from them by the Secretary concerned, under subsection (a) of this section, and the sums contributed from appropriations under subsection (b) of this section, together with the income derived from any dividends or premium rate adjustments received from insurers shall be deposited to the credit of a revolving fund established in the Treasury of the United States. All premium payments and extra hazard costs on Servicemembers’ Group Life Insurance and the administrative cost to the Department of insurance issued under this subchapter shall be paid from the revolving fund.
The Secretary is authorized to set aside out of the revolving fund such amounts as may be required to meet the administrative costs to the Department of insurance issued under this subchapter and all current premium payments and extra hazard costs on any insurance policy or policies purchased under section 1966 of this title. The Secretary of the Treasury is authorized to invest in and to sell and retire special interest-bearing obligations of the United States for the account of the revolving fund. Such obligations issued for this purpose shall have maturities fixed with due regard for the needs of the fund and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 per centum, the rate of interest of such obligation shall be the multiple of one-eighth of 1 per centum nearest such market yield.
Notwithstanding the provisions of section 1982 of this title, the Secretary shall, from time to time, determine the administrative costs to the Department which in the Secretary’s judgment are properly allocable to insurance issued under this subchapter and shall transfer such cost from the revolving fund to the appropriation “General Operating Expenses, Department of Veterans Affairs”.
The Secretary of Defense shall prescribe regulations for the administration of the functions of the Secretaries of the military departments under this section. Such regulations shall prescribe such procedures as the Secretary of Defense, after consultation with the Secretary, may consider necessary to ensure that such functions are carried out in a timely and complete manner and in accordance with the provisions of this section, including specifically the provisions of subsection (a)(2) of this section relating to contributions from appropriations made for active duty pay.
No tax, fee, or other monetary payment may be imposed or collected by any State, or by any political subdivision or other governmental authority of a State, on or with respect to any premium paid under an insurance policy purchased under this subchapter.
Paragraph (1) of this subsection shall not be construed to exempt any company issuing a policy of insurance under this subchapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by that company from business conducted under this subchapter, if that tax, fee, or payment is applicable to a broad range of business activity.
During any period in which a spouse of a member is insured under this subchapter and the member is on active duty, there shall be deducted each month from the member’s basic or other pay until separation or release from active duty an amount determined by the Secretary as the premium allocable to the pay period for providing that insurance coverage. No premium may be charged for providing insurance coverage for a child.
During any month in which a member is assigned to the Ready Reserve of a uniformed service under conditions which meet the qualifications set forth in subparagraph (B) or (C) of section 1965(5) of this title and the spouse of the member is insured under a policy of insurance purchased by the Secretary under section 1966 of this title, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary as the share of the cost attributable to insuring the spouse of such member under this policy, less any costs traceable to the extra hazards of such duty in the uniformed services. Any amounts so contributed on behalf of any individual shall be collected by the Secretary concerned from such individual (by deduction from pay or otherwise) and shall be credited to the appropriation from which such contribution was made.
The Secretary shall determine the premium amounts to be charged for life insurance coverage for spouses of members under this subchapter.
The premium amounts shall be determined on the basis of sound actuarial principles and shall include an amount necessary to cover the administrative costs to the insurer or insurers providing such insurance.
Each premium rate for the first policy year shall be continued for subsequent policy years, except that the rate may be adjusted for any such subsequent policy year on the basis of the experience under the policy, as determined by the Secretary in advance of that policy year.
Any overpayment of a premium for insurance coverage for an insurable dependent of a member that is terminated under section 1968(a)(5) of this title shall be refunded to the member.
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. 89–214 § 1(a) · 79 Stat. 880
Enacted · 38 U.S.C. § 1969
Added Pub. L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 881, § 769
Source evidence
Code source credit
Added Pub. L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 881, § 769Enacted provision · exact public law section
(1) as a direct result of actions of hostile forces;Pub. L. 91–291 § 4(1) · 84 Stat. 326
Inserted · 38 U.S.C. § 1969(a)
Pub. L. 91–291, § 4(1), separated provisions covering deduction of the cost of insurance from the pay of members into provisions covering such deduction in the case of persons on active duty or active duty for training under a call or order to such duty that does not specify a period of not less than thirty-one days and provisions covering such deduction in the case of persons on active duty or active duty for training under a call or order to such duty specifying a period of less than thirty-one days or persons authorized or required to perform inactive duty training scheduled in advance by competent authority and inserted provision for the collection of sums from individuals by the Secretary concerned
Source evidence
Code amendment note
Subsec. (a). Pub. L. 91–291, § 4(1), separated provisions covering deduction of the cost of insurance from the pay of members into provisions covering such deduction in the case of persons on active duty or active duty for training under a call or order to such duty that does not specify a period of not less than thirty-one days and provisions covering such deduction in the case of persons on active duty or active duty for training under a call or order to such duty specifying a period of less than thirty-one days or persons authorized or required to perform inactive duty training scheduled in advance by competent authority and inserted provision for the collection of sums from individuals by the Secretary concerned.Enacted provision · exact public law section
(1) by amending subsections (a) and (b) to read as follows: “(a) (1) During any period in which a member, on active duty or active duty for training under a call or order to such duty that does not specify a period of less than thirty-one days, is insured under a policy of insurance purchased by the Administrator, under section 766 of this title, there shall be deducted each month from his basic or other pay until separation or release, from such duty an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of such duty in the uniformed service. “(2) During any fiscal year, or portion thereof, that a member is on active duty or active duty for training under a call or order to such duty that specifies a period of less than thirty-one days, or is authorized or required to perform inactive duty training scheduled in advance by competent authority, and is insured under a policy of 79 Stat. 880. insurance purchased by the Administrator, under section 766 of this title, the Secretary concerned shall collect from him (by deduction from pay or otherwise) an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of such duty in the uniformed service. “(3) Any amount not deducted from the basic or other pay of a member insured under this subchapter, or collected from him by the Secretary concerned, if riot otherwise paid, shall be deducted from the proceeds of any insurance thereafter payable. The initial monthly amount under subsection (1) hereof, or fiscal year amount under subsection (2) hereof, determined by the Administrator to be charged under this section for insurance under this subchapter may be continued from year to year, except that the Administrator may redetermine such monthly or fiscal year amounts from time to time in accordance with experience. No refunds will be made to any member of any amount properly deducted from his basic or other pay, or collected from him by the Secretary concerned, to cover the insurance granted under this subchapter. “(b) For each month for which any member is so insured, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Administrator and certified to the Secretary concerned to be the cost of such insurance which is traceable to the extra hazard of duty in the uniformed services. Effective January 1, 1970, such cost shall be determined by the Administrator on the basis of the excess mortality incurred by members and former members of the uniformed services insured under this subchapter above what their mortality would have been under peacetime conditions as such mortality is determined by the Administrator using such methods and data as he shall determine to be reasonable and practicable. The Administrator is authorized to make such adjustments regarding contributions from pay appropriations as may be indicated from actual experience.”Pub. L. 91–291 § 4(1) · 84 Stat. 326
Substituted · 38 U.S.C. § 1969(b)
Pub. L. 91–291, § 4(1), substituted the mortality which members and former members of the uniform services concerned would have been under peacetime conditions as determined by the Administrator for the mortality of the male civilian population of the United States of the same age as the median age of members of the uniformed services as shown by the records of the uniformed services, the primary insurer or insurers, and the Department of Health, Education, and Welfare as the standard against which the excess mortality suffered by members of the uniformed services would be measured to determine the extent to which the cost of insurance was traceable to the extra hazard of active duty in the uniformed services
Source evidence
Code amendment note
Subsec. (b). Pub. L. 91–291, § 4(1), substituted the mortality which members and former members of the uniform services concerned would have been under peacetime conditions as determined by the Administrator for the mortality of the male civilian population of the United States of the same age as the median age of members of the uniformed services as shown by the records of the uniformed services, the primary insurer or insurers, and the Department of Health, Education, and Welfare as the standard against which the excess mortality suffered by members of the uniformed services would be measured to determine the extent to which the cost of insurance was traceable to the extra hazard of active duty in the uniformed services.Enacted provision · exact public law section
(1) by amending subsections (a) and (b) to read as follows: “(a) (1) During any period in which a member, on active duty or active duty for training under a call or order to such duty that does not specify a period of less than thirty-one days, is insured under a policy of insurance purchased by the Administrator, under section 766 of this title, there shall be deducted each month from his basic or other pay until separation or release, from such duty an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of such duty in the uniformed service. “(2) During any fiscal year, or portion thereof, that a member is on active duty or active duty for training under a call or order to such duty that specifies a period of less than thirty-one days, or is authorized or required to perform inactive duty training scheduled in advance by competent authority, and is insured under a policy of 79 Stat. 880. insurance purchased by the Administrator, under section 766 of this title, the Secretary concerned shall collect from him (by deduction from pay or otherwise) an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of such duty in the uniformed service. “(3) Any amount not deducted from the basic or other pay of a member insured under this subchapter, or collected from him by the Secretary concerned, if riot otherwise paid, shall be deducted from the proceeds of any insurance thereafter payable. The initial monthly amount under subsection (1) hereof, or fiscal year amount under subsection (2) hereof, determined by the Administrator to be charged under this section for insurance under this subchapter may be continued from year to year, except that the Administrator may redetermine such monthly or fiscal year amounts from time to time in accordance with experience. No refunds will be made to any member of any amount properly deducted from his basic or other pay, or collected from him by the Secretary concerned, to cover the insurance granted under this subchapter. “(b) For each month for which any member is so insured, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Administrator and certified to the Secretary concerned to be the cost of such insurance which is traceable to the extra hazard of duty in the uniformed services. Effective January 1, 1970, such cost shall be determined by the Administrator on the basis of the excess mortality incurred by members and former members of the uniformed services insured under this subchapter above what their mortality would have been under peacetime conditions as such mortality is determined by the Administrator using such methods and data as he shall determine to be reasonable and practicable. The Administrator is authorized to make such adjustments regarding contributions from pay appropriations as may be indicated from actual experience.”Pub. L. 91–291 § 4(2) · 84 Stat. 326
Inserted · 38 U.S.C. § 1969(d)(1)
Pub. L. 91–291, § 4(2), inserted reference to collection of sums by Secretary concerned
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 91–291, § 4(2), inserted reference to collection of sums by Secretary concerned.Enacted provision · exact public law section
(2) by inserting after “pay of members” in the first, sentence of subsection (d) (1) the following; “, or collected from them by the Secretary concerned,”.Pub. L. 93–289 § 6(1) · 88 Stat. 165
Substituted · 38 U.S.C. § 1969(a)(1)
Pub. L. 93–289, § 6(1), substituted “is insured under Servicemen’s Group Life Insurance” for “is insured under a policy of insurance purchased by the Administrator, under section 766 of this title”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 93–289, § 6(1), substituted “is insured under Servicemen’s Group Life Insurance” for “is insured under a policy of insurance purchased by the Administrator, under section 766 of this title”.Enacted provision · exact public law section
(1) By deleting from paragraphs (1) and (2) of subsection (a) “is insured under a policy of insurance purchased by the Administrator, under section 766 of this title” and inserting in lieu thereof “is insured 38 USC 766. under Servicemen’s Group Life Insurance”.Pub. L. 93–289 § 6(2) · 88 Stat. 165
Redesignated · 38 U.S.C. § 1969(a)(2)
Pub. L. 93–289, § 6(2), added par. (2). Former par. (2) redesignated (3)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 93–289, § 6(2), added par. (2). Former par. (2) redesignated (3).Enacted provision · exact public law section
(2) By redesignating paragraphs (2) and (3) of subsection (a) as paragraphs (3) and (4), respectively, and by adding after paragraph (1) a new paragraph (2) as follows: “(2) During any month in which a member is assigned to the Ready Ready Reserves. Reserve of a uniformed service under conditions which meet the qualifications of section 765 (5) (B) of this title, or is assigned to the Reserve Ante, p. 165. (other than the Retired Reserve) and meets the qualifications of section 765(5) (C) of this title, and is insured under a policy of insurance purchased by the Administrator, under section 766 of this title, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under this policy, less any costs traceable to the extra hazards of such duty in the uniformed services. Any amounts so contributed on behalf of any individual shall be collected by the Secretary concerned from such individual (by deduction from pay or otherwise) and shall be credited to the appropriation from which such contribution was made.”Pub. L. 93–289 § 6(1) · 88 Stat. 165
Redesignated · 38 U.S.C. § 1969(a)(3)
Pub. L. 93–289, § 6(1), (2), redesignated former par. (2) as (3)
Redesignated · 38 U.S.C. § 1969(a)(3)
Pub. L. 93–289, § 6(1), (2), substituted “is insured under Servicemen’s Group Life Insurance” for “is insured under a policy of insurance purchased by the Administrator, under section 766 of this title.” Former par. (3) redesignated (4)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 93–289, § 6(1), (2), redesignated former par. (2) as (3), and substituted “is insured under Servicemen’s Group Life Insurance” for “is insured under a policy of insurance purchased by the Administrator, under section 766 of this title.” Former par. (3) redesignated (4).Enacted provision · exact public law section
(1) By deleting from paragraphs (1) and (2) of subsection (a) “is insured under a policy of insurance purchased by the Administrator, under section 766 of this title” and inserting in lieu thereof “is insured 38 USC 766. under Servicemen’s Group Life Insurance”.Pub. L. 93–289 § 6(2) · 88 Stat. 165
Redesignated · 38 U.S.C. § 1969(a)(4)
Pub. L. 93–289, § 6(2), (3), redesignated former par. (3) as (4)
Substituted · 38 U.S.C. § 1969(a)(4)
Pub. L. 93–289, § 6(2), (3), substituted “paragraph (1) or (2) hereof, or fiscal year amount under paragraph (3) hereof”, for “subsection (1) hereof, or fiscal year amount under subsection (2) hereof”, and “Servicemen’s Group Life Insurance” for “this subchapter” in two places, and for “insurance under this subchapter”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 93–289, § 6(2), (3), redesignated former par. (3) as (4), and substituted “paragraph (1) or (2) hereof, or fiscal year amount under paragraph (3) hereof”, for “subsection (1) hereof, or fiscal year amount under subsection (2) hereof”, and “Servicemen’s Group Life Insurance” for “this subchapter” in two places, and for “insurance under this subchapter”.Enacted provision · exact public law section
(2) By redesignating paragraphs (2) and (3) of subsection (a) as paragraphs (3) and (4), respectively, and by adding after paragraph (1) a new paragraph (2) as follows: “(2) During any month in which a member is assigned to the Ready Ready Reserves. Reserve of a uniformed service under conditions which meet the qualifications of section 765 (5) (B) of this title, or is assigned to the Reserve Ante, p. 165. (other than the Retired Reserve) and meets the qualifications of section 765(5) (C) of this title, and is insured under a policy of insurance purchased by the Administrator, under section 766 of this title, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under this policy, less any costs traceable to the extra hazards of such duty in the uniformed services. Any amounts so contributed on behalf of any individual shall be collected by the Secretary concerned from such individual (by deduction from pay or otherwise) and shall be credited to the appropriation from which such contribution was made.”Pub. L. 93–289 § 6(4) · 88 Stat. 165
Substituted · 38 U.S.C. § 1969(b)
Pub. L. 93–289, § 6(4), substituted “Servicemen’s Group Life Insurance” for “such insurance” in second sentence
Substituted · 38 U.S.C. § 1969(b)
Pub. L. 93–289, § 6(4), substituted “Servicemen’s Group Life Insurance” for “this subchapter” in second sentence
Source evidence
Code amendment note
Subsec. (b). Pub. L. 93–289, § 6(4), substituted “Servicemen’s Group Life Insurance” for “such insurance” in first sentence, and “Servicemen’s Group Life Insurance” for “this subchapter” in second sentence.Enacted provision · exact public law section
(4) The first sentence of subsection (b) is amended by deleting “such insurance” and inserting in lieu thereof “Servicemen’s Group Life Insurance”; and the second sentence of such subsection is amended by deleting “this subchapter” and inserting in lieu thereof “Servicemen’s Group Life Insurance”.Pub. L. 93–289 § 6(5) · 88 Stat. 165
Substituted · 38 U.S.C. § 1969(c)
Pub. L. 93–289, § 6(5), substituted “Servicemen’s Group Life Insurance” for “any such insurance”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–289, § 6(5), substituted “Servicemen’s Group Life Insurance” for “any such insurance”.Enacted provision · exact public law section
(5) Subsection (c) is amended by deleting “any such insurance” and inserting in lieu thereof “Servicemen’s Group Life Insurance”.Pub. L. 93–289 § 6(6) · 88 Stat. 165
Substituted · 38 U.S.C. § 1969(d)(1)
Pub. L. 93–289, § 6(6), substituted “Servicemen’s Group Life Insurance” for “any insurance policy or policies purchased under section 766 of this title”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 93–289, § 6(6), substituted “Servicemen’s Group Life Insurance” for “any insurance policy or policies purchased under section 766 of this title”.Enacted provision · exact public law section
(6) The last sentence of subsection (d) (1) is amended to read as Revolving fund, payments. follows: “All premium payments and extra hazard costs on Servicemen’s Group Life Insurance and the administrative cost to the Veterans’ Administration of insurance issued under this subchapter shall be paid from the revolving fund.”.Pub. L. 93–289 § 10(2) · 88 Stat. 165
Changed · 38 U.S.C. § 1969(d)(3)
Pub. L. 93–289, § 10(2), capitalized “Operating Expenses”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 93–289, § 10(2), capitalized “Operating Expenses”.Enacted provision · exact public law section
(2) By striking out “General operating expenses, Veterans’ Administration” in clause 3 of subsection (d) of section 769 and inserting in 38 USC 769. lieu thereof “General Operating Expenses, Veterans’ Administration”.Pub. L. 93–289 § 6(7) · 88 Stat. 165
Added · 38 U.S.C. § 1969(e)
Pub. L. 93–289, § 6(7), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 93–289, § 6(7), added subsec. (e).Enacted provision · exact public law section
(7) By adding at the end of such section a new subsection as follows: “(e) The premiums for Servicemen’s Group Life Insurance placed Retired Reserves. in effect or continued in force for a member assigned to the Retired Reserve of a uniformed service who meets the qualifications of section 765(5) (C) of this title, shall be established under the criteria set Ante, p 165. 38 USC 771. forth in sections 771 (a) and (c) of this title, except that the Administrator may provide for average premiums for such various age groupings as he may determine to be necessary according to sound actuarial principles, and shall include an amount necessary to cover the administrative cost of such insurance to the company or companies issuing or continuing such insurance. Such premiums shall be payable by the insureds thereunder as provided by the Administrator directly to the administrative office established for such insurance under section 766(b) of this title. The provisions of sections 771 (d) and (e) of 38 USC 766. this title shall be applicable to Servicemen’s Group Life Insurance continued in force or issued to a member assigned to the Retired Reserve of a uniformed service. However, a separate accounting may be required by the Administrator for insurance issued to or continued in force on the lives of members assigned to the Retired Reserve and for other insurance in force under this subchapter. In such accounting, the Administrator is authorized to allocate claims and other costs among such programs of insurance according to accepted actuarial principles.”Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981
Pub. L. 97–66 title IV § 402 · 95 Stat. 1026
Added · 38 U.S.C. § 1969(f)
Pub. L. 97–66 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 97–66 added subsec. (f).Enacted provision · exact public law section
Sec. 402. collection of amounts for servicemen’s group life insurance program Section 769 is amended by adding at the end the following Regulations. 38 USC 769. new subsection: “(f) The Secretary of Defense shall prescribe regulations for the administration of the functions of the Secretaries of the military departments under this section. Such regulations shall prescribe such procedures as the Secretary of Defense, after consultation with the Administrator, may consider necessary to ensure that such functions are carried out in a timely and complete manner and in accordance with the provisions of this section, including specifically the provisions of subsection (a)(2) of this section relating to contributions from appropriations made for active duty pay.”.Pub. L. 99–576 § 701(39)(A) · 100 Stat. 3248
Substituted · 38 U.S.C. § 1969(a)(1)
Pub. L. 99–576, § 701(39)(A), substituted “the member’s” for “his”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 99–576, § 701(39)(A), substituted “the member’s” for “his”.Enacted provision · exact public law section
(A) in subsection (a)(1), by striking out “his” and inserting in lieu thereof “the member’s”;Pub. L. 99–576 § 701(39)(B) · 100 Stat. 3248
Substituted · 38 U.S.C. § 1969(a)(3)
Pub. L. 99–576, § 701(39)(B), substituted “the member” for “him”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 99–576, § 701(39)(B), substituted “the member” for “him”.Enacted provision · exact public law section
(B) in subsection (a)(3), by striking out “him” and inserting in lieu thereof “the member”;Pub. L. 99–576 § 701(39)(C) · 100 Stat. 3248
Substituted · 38 U.S.C. § 1969(a)(4)
Pub. L. 99–576, § 701(39)(C), substituted “the member” for “him”
Substituted · 38 U.S.C. § 1969(a)(4)
Pub. L. 99–576, § 701(39)(C), substituted “the member’s” for “his”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 99–576, § 701(39)(C), substituted “the member” for “him” in two places and “the member’s” for “his”.Enacted provision · exact public law section
(C) in subsection (a)(4)— (i) by striking out “him” both places it appears and inserting in lieu thereof “the member”; and (ii) by striking out “his” and inserting in lieu thereof “the member’s”;Pub. L. 99–576 § 701(39)(D) · 100 Stat. 3248
Substituted · 38 U.S.C. § 1969(b)
Pub. L. 99–576, § 701(39)(D), substituted “the Administrator” for “he” before “shall determine”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–576, § 701(39)(D), substituted “the Administrator” for “he” before “shall determine”.Enacted provision · exact public law section
(D) in subsection (b), by striking out “he” and inserting in lieu thereof “the Administrator”;Pub. L. 99–576 § 701(39)(E) · 100 Stat. 3248
Substituted · 38 U.S.C. § 1969(d)(3)
Pub. L. 99–576, § 701(39)(E), substituted “the Administrator’s” for “his”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 99–576, § 701(39)(E), substituted “the Administrator’s” for “his”.Enacted provision · exact public law section
(E) in subsection (d)(3), by striking out “his” and inserting in lieu thereof “the Administrator’s”; andPub. L. 99–576 § 701(39)(F) · 100 Stat. 3248
Substituted · 38 U.S.C. § 1969(e)
Pub. L. 99–576, § 701(39)(F), substituted “the Administrator” for “he” before “may determine”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–576, § 701(39)(F), substituted “the Administrator” for “he” before “may determine”.Enacted provision · exact public law section
(F) in subsection (e), by striking out “he” and inserting in lieu thereof “the Administrator”.Veterans
Pub. L. 100–322 title III § 332(a) · 102 Stat. 487
Added · 38 U.S.C. § 1969(g)
Pub. L. 100–322 added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 100–322 added subsec. (g).Enacted provision · exact public law section
(a) Exemption.— Section 769 is amended by adding at the end the following new subsection: “(g) (1) No tax, fee, or other monetary payment may be imposed or collected by any State, or by any political subdivision or other governmental authority of a State, on or with respect to any premium paid under an insurance policy purchased under this subchapter. “(2) Paragraph (1) of this subsection shall not be construed to exempt any company issuing a policy of insurance under this subchapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by that company from business conducted under this subchapter, if that tax, fee, or payment is applicable to a broad range of business activity.”.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1969
Pub. L. 102–83, § 5(a), renumbered section 769 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 769 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. § 1969(a)
Pub. L. 102–83, § 5(c)(1), substituted “1965(5)(B)” for “765(5)(B)” in par. (2)
Substituted · 38 U.S.C. § 1969(a)
Pub. L. 102–83, § 5(c)(1), substituted “1965(5)(C)” for “765(5)(C)” in par. (2)
Substituted · 38 U.S.C. § 1969(a)
Pub. L. 102–83, § 5(c)(1), substituted “1966” for “766” in par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1965(5)(B)” for “765(5)(B)”, “1965(5)(C)” for “765(5)(C)”, and “1966” for “766” in par. (2).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. § 1969(a)
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.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1969(b)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing
Source evidence
Code amendment note
Subsec. (b). 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.Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
Substituted · 38 U.S.C. § 1969(d)(1)
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.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 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1969(d)(2)
Pub. L. 102–83, § 5(c)(1), substituted “1966” for “766”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 102–83, § 5(c)(1), substituted “1966” for “766”.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. § 1969(d)(2)
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.Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
Substituted · 38 U.S.C. § 1969(d)(2)
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”
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”.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 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1969(d)(3)
Pub. L. 102–83, § 5(c)(1), substituted “1982” for “782”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 102–83, § 5(c)(1), substituted “1982” for “782”.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. § 1969(d)(3)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Substituted · 38 U.S.C. § 1969(d)(3)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary’s” for “Administrator’s”
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” and “Secretary’s” for “Administrator’s”.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. § 1969(d)(3)
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 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1969(e)
Pub. L. 102–83, § 5(c)(1), substituted “1965(5)(C)” for “765(5)(C)”
Substituted · 38 U.S.C. § 1969(e)
Pub. L. 102–83, § 5(c)(1), substituted “1971(a)” for “771(a)”
Substituted · 38 U.S.C. § 1969(e)
Pub. L. 102–83, § 5(c)(1), substituted “1966(b)” for “766(b)”
Substituted · 38 U.S.C. § 1969(e)
Pub. L. 102–83, § 5(c)(1), substituted “1971(d)” for “771(d)”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “1965(5)(C)” for “765(5)(C)”, “1971(a)” for “771(a)”, “1966(b)” for “766(b)”, and “1971(d)” for “771(d)”.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. § 1969(e)
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.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1969(f)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (f). 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.National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 § 651(d)(1) · 108 Stat. 2663
Substituted · 38 U.S.C. § 1969(a)(2)
Pub. L. 103–337, § 651(d)(1), substituted “is assigned to the Reserve” for “or is assigned to the Reserve”
Inserted · 38 U.S.C. § 1969(a)(2)
Pub. L. 103–337, § 651(d)(1), inserted “or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,” after “section 1965(5)(C) of this title,”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 103–337, § 651(d)(1), substituted “is assigned to the Reserve” for “or is assigned to the Reserve” and inserted “or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,” after “section 1965(5)(C) of this title,”.Enacted provision · exact public law section
(1) in subsection (a)(2)— (A) by striking out “or is assigned” and inserting in lieu thereof “is assigned”; and (B) by inserting after “section 1965(5)(D) of this title,” the following: “or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,”; andNational Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 § 651(d)(2) · 108 Stat. 2663
Substituted · 38 U.S.C. § 1969(e)
Pub. L. 103–337, § 651(d)(2), substituted “subparagraph (C) or (D) of section 1965(5)” for “section 1965(5)(C)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–337, § 651(d)(2), substituted “subparagraph (C) or (D) of section 1965(5)” for “section 1965(5)(C)”.Enacted provision · exact public law section
(2) in subsection (e), by striking out “section 1965(5)(D)” in the first sentence and inserting in lieu thereof “subparagraph (C) or (D) of section 1965(5)”.Veterans’ Benefits Improvements Act of 1994
Pub. L. 103–446 § 1201(i)(3) · 108 Stat. 4645
Substituted · 38 U.S.C. § 1969(d)(3)
Pub. L. 103–446, § 1201(i)(3), substituted “Department of Veterans Affairs” for “Department”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 103–446, § 1201(i)(3), substituted “Department of Veterans Affairs” for “Department”.Enacted provision · exact public law section
(3) Section 1969(d)(3) is amended by striking out “General Operating Expenses, Department” and inserting in lieu thereof “General Operating Expenses, Department of Veterans Affairs”.Veterans’ Benefits Improvements Act of 1994
Pub. L. 103–446 § 1201(e)(8) · 108 Stat. 4645
Substituted · 38 U.S.C. § 1969(e)
Pub. L. 103–446, § 1201(e)(8), substituted “subsections (a) and (c) of section 1971” for “sections 1971(a) and (c)”
Substituted · 38 U.S.C. § 1969(e)
Pub. L. 103–446, § 1201(e)(8), substituted “subsections (d) and (e) of section 1971” for “sections 1971(d) and (e)”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–446, § 1201(e)(8), substituted “subsections (a) and (c) of section 1971” for “sections 1971(a) and (c)” and “subsections (d) and (e) of section 1971” for “sections 1971(d) and (e)”.Enacted provision · exact public law section
(8) Section 1969(e) is amended— (A) by striking out “sections 1971 (a) and (c)” and inserting in lieu thereof “subsections (a) and (c) of section 1971”; and (B) by striking out “sections 1971 (d) and (e)” and inserting in lieu thereof “subsections (d) and (e) of section 1971”.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title VI § 647(a) · 110 Stat. 186
Amended · 38 U.S.C. § 1969(a)(2)
Pub. L. 104–106 designated existing provisions as subpar. (A)
Added · 38 U.S.C. § 1969(a)(2)
Pub. L. 104–106 added subpar. (B)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 104–106 designated existing provisions as subpar. (A) and added subpar. (B).Enacted provision · exact public law section
(a) Authority.— Section 1969(a)(2) of title 38, United States Code, is amended— (1) by inserting “(A)” after “(2)”; and (2) by adding at the end the following: “(B) If an individual who is required pursuant to subparagraph (A) to make a direct remittance of costs to the Secretary concerned fails to make the required remittance within 60 days of the date on which such remittance is due, such individual’s insurance with respect to which such remittance is required shall be terminated Notice. Effective date. by the Secretary concerned. Such termination shall be made by written notice to the individual’s official address and shall be effective 60 days after the date of such notice. Such termination of insurance may be vacated if, before the effective date of termination, the individual remits all amounts past due for such insurance and demonstrates to the satisfaction of the Secretary concerned that the failure to make timely remittances was justifiable.”.Veterans’ Insurance Reform Act of 1996
Pub. L. 104–275 § 405(b)(1)(C) · 110 Stat. 3322
Substituted · 38 U.S.C. § 1969(a)(1)
Pub. L. 104–275, § 405(b)(1)(C), substituted “Servicemembers’ Group” for “Servicemen’s Group”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 104–275, § 405(b)(1)(C), substituted “Servicemembers’ Group” for “Servicemen’s Group”.Enacted provision · exact public law section
(C) Subsections (a) through (d) of section 1969.Veterans’ Insurance Reform Act of 1996
Pub. L. 104–275 § 402(d)(1) · 110 Stat. 3322
Struck · 38 U.S.C. § 1969(a)(2)(A)
Pub. L. 104–275, § 402(d)(1), struck out “is assigned to the Reserve (other than the Retired Reserve) and meets the qualifications of section 1965(5)(C) of this title, or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,” after “qualifications of section 1965(5)(B) of this title,”
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 104–275, § 402(d)(1), struck out “is assigned to the Reserve (other than the Retired Reserve) and meets the qualifications of section 1965(5)(C) of this title, or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,” after “qualifications of section 1965(5)(B) of this title,”.Enacted provision · exact public law section
(1) in subsection (a)(2), by striking out “is assigned to the Reserve (other than the Retired Reserve)” and all that follows through “section 1965(5)(D) of this title,”;Veterans’ Insurance Reform Act of 1996
Pub. L. 104–275 § 405(b)(1)(C) · 110 Stat. 3322
Substituted · 38 U.S.C. § 1969(a)(3); 38 U.S.C. § 1969(a)(4)
Pub. L. 104–275, § 405(b)(1)(C), substituted “Servicemembers’ Group” for “Servicemen’s Group” wherever appearing
Source evidence
Code amendment note
Subsec. (a)(3), (4). Pub. L. 104–275, § 405(b)(1)(C), substituted “Servicemembers’ Group” for “Servicemen’s Group” wherever appearing.Enacted provision · exact public law section
(C) Subsections (a) through (d) of section 1969.Veterans’ Insurance Reform Act of 1996
Pub. L. 104–275 § 405(b)(1)(C) · 110 Stat. 3322
Substituted · 38 U.S.C. § 1969(b)(d)(1)
Pub. L. 104–275, § 405(b)(1)(C), substituted “Servicemembers’ Group” for “Servicemen’s Group” wherever appearing
Source evidence
Code amendment note
Subsecs. (b) to (d)(1). Pub. L. 104–275, § 405(b)(1)(C), substituted “Servicemembers’ Group” for “Servicemen’s Group” wherever appearing.Enacted provision · exact public law section
(C) Subsections (a) through (d) of section 1969.Veterans’ Insurance Reform Act of 1996
Pub. L. 104–275 § 402(d)(2) · 110 Stat. 3322
Redesignated · 38 U.S.C. § 1969(e)(g)
Pub. L. 104–275, § 402(d)(2), (3), redesignated subsecs. (f) and (g) as (e) and (f), respectively
Struck · 38 U.S.C. § 1969(e)(g)
Pub. L. 104–275, § 402(d)(2), (3), struck out former subsec. (e) which related to premiums for Servicemen’s Group Life Insurance for members assigned to the Retired Reserve of a uniformed service
Source evidence
Code amendment note
Subsecs. (e) to (g). Pub. L. 104–275, § 402(d)(2), (3), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which related to premiums for Servicemen’s Group Life Insurance for members assigned to the Retired Reserve of a uniformed service.Enacted provision · exact public law section
(2) by striking out subsection (e); andVeterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 title III § 313(b) · 114 Stat. 1822
Substituted · 38 U.S.C. § 1969(a)(2)(A)
Pub. L. 106–419 substituted “subparagraph (B) or (C) of section 1965(5) of this title” for “section 1965(5)(B) of this title”
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 106–419 substituted “subparagraph (B) or (C) of section 1965(5) of this title” for “section 1965(5)(B) of this title”.Enacted provision · exact public law section
(b) Conforming Amendments.— Sections 1967(a), 1968(a), and 1969(a)(2)(A) are amended by striking “section 1965(5)(B) of this title” each place it appears and inserting “subparagraph (B) or (C) of section 1965(5) of this title”.Veterans’ Survivor Benefits Improvements Act of 2001
Pub. L. 107–14 § 4(d) · 115 Stat. 25
Added · 38 U.S.C. § 1969(g); 38 U.S.C. § 1969(h)
Pub. L. 107–14 added subsecs. (g) and (h)
Source evidence
Code amendment note
Subsecs. (g), (h). Pub. L. 107–14 added subsecs. (g) and (h).Enacted provision · exact public law section
(d) Premiums.— Section 1969 is amended by adding at the end the following new subsections: “(g) (1) (A) During any period in which a spouse of a member is insured under this subchapter and the member is on active duty, there shall be deducted each month from the member’s basic or other pay until separation or release from active duty an amount determined by the Secretary as the premium allocable to the pay period for providing that insurance coverage. No premium may be charged for providing insurance coverage for a child. “(B) During any month in which a member is assigned to the Ready Reserve of a uniformed service under conditions which meet the qualifications set forth in section 1965(5)(B) of this title and the spouse of the member is insured under a policy of insurance purchased by the Secretary under section 1966 of this title, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary (which shall be the same for all such members) as the share of the cost attributable to insuring the spouse of such member under this policy, less any costs traceable to the extra hazards of such duty in the uniformed services. Any amounts so contributed on behalf of any individual shall be collected by the Secretary concerned from such individual (by deduction from pay or otherwise) and shall be credited to the appropriation from which such contribution was made. “(2) (A) The Secretary shall determine the premium amounts to be charged for life insurance coverage for spouses of members under this subchapter. “(B) The premium amounts shall be determined on the basis of sound actuarial principles and shall include an amount necessary to cover the administrative costs to the insurer or insurers providing such insurance. “(C) Each premium rate for the first policy year shall be continued for subsequent policy years, except that the rate may be adjusted for any such subsequent policy year on the basis of the experience under the policy, as determined by the Secretary in advance of that policy year. “(h) Any overpayment of a premium for insurance coverage for an insurable dependent of a member that is terminated under section 1968(a)(5) of this title shall be refunded to the member. ”Effective date note
Pub. L. 110–389, title IV, § 403(e)(3), Oct. 10, 2008, 122 Stat. 4175, provided that: “The amendment made by subsection (c) [amending this section] shall take effect as if enacted on June 5, 2001, immediately after the enactment of the Veterans’ Survivor Benefits Improvements Act of 2001 (Public Law 107–14; 115 Stat. 25).”Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005
Pub. L. 109–13 § 1012(c)(2) · 119 Stat. 231
Repealed · 38 U.S.C. § 1969(b)
Pub. L. 109–13, § 1012(c)(2), which directed designation of existing provisions as par. (1) and addition of par. (2), was repealed by Pub. L. 109–80. See Effective and Termination Dates of 2005 Amendments note below. Par. (2) read as follows: “For each month for which a member insured under this subchapter is serving in an operation or area designated as described by paragraph (1)(A) of section 1967(e) of this title, there may, at the election of the Secretary concerned under paragraph (4)(A) of such section, be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary and certified to the Secretary concerned to be the cost of Servicemembers’ Group Life Insurance which is traceable to the cost of providing insurance for the member under section 1967 of this title in the amount of $150,000.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–13, § 1012(c)(2), which directed designation of existing provisions as par. (1) and addition of par. (2), was repealed by Pub. L. 109–80. See Effective and Termination Dates of 2005 Amendments note below. Par. (2) read as follows: “For each month for which a member insured under this subchapter is serving in an operation or area designated as described by paragraph (1)(A) of section 1967(e) of this title, there may, at the election of the Secretary concerned under paragraph (4)(A) of such section, be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary and certified to the Secretary concerned to be the cost of Servicemembers’ Group Life Insurance which is traceable to the cost of providing insurance for the member under section 1967 of this title in the amount of $150,000.”Enacted provision · exact public law section
(2) Funding.— Section 1969(b) of such title is amended— (A) by inserting “(1)” after “(b)”; and (B) by adding at the end the following new paragraph: “(2) For each month for which a member insured under this subchapter is serving in an operation or area designated as described by paragraph (1)(A) of section 1967(e) of this title, there may, at the election of the Secretary concerned under paragraph (4)(A) of such section, be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary and certified to the Secretary concerned to be the cost of Servicemembers’ Group Life Insurance which is traceable to the cost of providing insurance for the member under section 1967 of this title in the amount of $150,000.” .Veterans’ Benefits Improvement Act of 2008
Pub. L. 110–389 § 403(c) · 122 Stat. 4145
Struck · 38 U.S.C. § 1969(g)(1)(B)
Pub. L. 110–389, § 403(c), struck out “(which shall be the same for all such members)” after “determined by the Secretary”
Source evidence
Code amendment note
Subsec. (g)(1)(B). Pub. L. 110–389, § 403(c), struck out “(which shall be the same for all such members)” after “determined by the Secretary”.Enacted provision · exact public law section
(c) Authority To Set Premiums for Ready Reservists’ Spouses.— Section 1969(g)(1)(B) is amended by striking “(which shall be the same for all such members)”.Effective date note
Pub. L. 110–389, title IV, § 403(e)(3), Oct. 10, 2008, 122 Stat. 4175, provided that: “The amendment made by subsection (c) [amending this section] shall take effect as if enacted on June 5, 2001, immediately after the enactment of the Veterans’ Survivor Benefits Improvements Act of 2001 (Public Law 107–14; 115 Stat. 25).”Veterans’ Benefits Improvement Act of 2008
Pub. L. 110–389 § 403(a)(2)(B) · 122 Stat. 4145
Substituted · 38 U.S.C. § 1969(g)(1)(B)
Pub. L. 110–389, § 403(a)(2)(B), substituted “subparagraph (B) or (C) of section 1965(5) of this title” for “section 1965(5)(B) of this title”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–389, § 403(a)(2)(B), substituted “subparagraph (B) or (C) of section 1965(5) of this title” for “section 1965(5)(B) of this title”.Enacted provision · exact public law section
(B) Section 1969(g)(1)(B) is amended by striking “section 1965(5)(B) of this title” and inserting “subparagraph (B) or (C) of section 1965(5) of this title”.Effective date note
Pub. L. 110–389, title IV, § 403(e)(3), Oct. 10, 2008, 122 Stat. 4175, provided that: “The amendment made by subsection (c) [amending this section] shall take effect as if enacted on June 5, 2001, immediately after the enactment of the Veterans’ Survivor Benefits Improvements Act of 2001 (Public Law 107–14; 115 Stat. 25).”
64 of 64 references resolved to an enrolled provision
Editorial Notes
Amendments1970–2008 · 12 rounds
2008
Subsec. (g)(1)(B). Pub. L. 110–389, § 403(c), struck out “(which shall be the same for all such members)” after “determined by the Secretary”.
Pub. L. 110–389, § 403(a)(2)(B), substituted “subparagraph (B) or (C) of section 1965(5) of this title” for “section 1965(5)(B) of this title”.
2005
Subsec. (b). Pub. L. 109–13, § 1012(c)(2), which directed designation of existing provisions as par. (1) and addition of par. (2), was repealed by Pub. L. 109–80. See Effective and Termination Dates of 2005 Amendments note below. Par. (2) read as follows: “For each month for which a member insured under this subchapter is serving in an operation or area designated as described by paragraph (1)(A) of section 1967(e) of this title, there may, at the election of the Secretary concerned under paragraph (4)(A) of such section, be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary and certified to the Secretary concerned to be the cost of Servicemembers’ Group Life Insurance which is traceable to the cost of providing insurance for the member under section 1967 of this title in the amount of $150,000.”
2001
Subsecs. (g), (h). Pub. L. 107–14 added subsecs. (g) and (h).
2000
Subsec. (a)(2)(A). Pub. L. 106–419 substituted “subparagraph (B) or (C) of section 1965(5) of this title” for “section 1965(5)(B) of this title”.
1996
Subsec. (a)(1). Pub. L. 104–275, § 405(b)(1)(C), substituted “Servicemembers’ Group” for “Servicemen’s Group”.
Subsec. (a)(2). Pub. L. 104–106 designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (a)(2)(A). Pub. L. 104–275, § 402(d)(1), struck out “is assigned to the Reserve (other than the Retired Reserve) and meets the qualifications of section 1965(5)(C) of this title, or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,” after “qualifications of section 1965(5)(B) of this title,”.
Subsec. (a)(3), (4). Pub. L. 104–275, § 405(b)(1)(C), substituted “Servicemembers’ Group” for “Servicemen’s Group” wherever appearing.
Subsecs. (b) to (d)(1). Pub. L. 104–275, § 405(b)(1)(C), substituted “Servicemembers’ Group” for “Servicemen’s Group” wherever appearing.
Subsecs. (e) to (g). Pub. L. 104–275, § 402(d)(2), (3), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which related to premiums for Servicemen’s Group Life Insurance for members assigned to the Retired Reserve of a uniformed service.
1994
Subsec. (a)(2). Pub. L. 103–337, § 651(d)(1), substituted “is assigned to the Reserve” for “or is assigned to the Reserve” and inserted “or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,” after “section 1965(5)(C) of this title,”.
Subsec. (d)(3). Pub. L. 103–446, § 1201(i)(3), substituted “Department of Veterans Affairs” for “Department”.
Subsec. (e). Pub. L. 103–446, § 1201(e)(8), substituted “subsections (a) and (c) of section 1971” for “sections 1971(a) and (c)” and “subsections (d) and (e) of section 1971” for “sections 1971(d) and (e)”.
Pub. L. 103–337, § 651(d)(2), substituted “subparagraph (C) or (D) of section 1965(5)” for “section 1965(5)(C)”.
1991
Pub. L. 102–83, § 5(a), renumbered section 769 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1965(5)(B)” for “765(5)(B)”, “1965(5)(C)” for “765(5)(C)”, and “1966” for “766” in par. (2).
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (d)(1). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Subsec. (d)(2). Pub. L. 102–83, § 5(c)(1), substituted “1966” for “766”.
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”.
Subsec. (d)(3). Pub. L. 102–83, § 5(c)(1), substituted “1982” for “782”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s”.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.
Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “1965(5)(C)” for “765(5)(C)”, “1971(a)” for “771(a)”, “1966(b)” for “766(b)”, and “1971(d)” for “771(d)”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (f). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1988
Subsec. (g). Pub. L. 100–322 added subsec. (g).
1986
Subsec. (a)(1). Pub. L. 99–576, § 701(39)(A), substituted “the member’s” for “his”.
Subsec. (a)(3). Pub. L. 99–576, § 701(39)(B), substituted “the member” for “him”.
Subsec. (a)(4). Pub. L. 99–576, § 701(39)(C), substituted “the member” for “him” in two places and “the member’s” for “his”.
Subsec. (b). Pub. L. 99–576, § 701(39)(D), substituted “the Administrator” for “he” before “shall determine”.
Subsec. (d)(3). Pub. L. 99–576, § 701(39)(E), substituted “the Administrator’s” for “his”.
Subsec. (e). Pub. L. 99–576, § 701(39)(F), substituted “the Administrator” for “he” before “may determine”.
1981
Subsec. (f). Pub. L. 97–66 added subsec. (f).
1974
Subsec. (a)(1). Pub. L. 93–289, § 6(1), substituted “is insured under Servicemen’s Group Life Insurance” for “is insured under a policy of insurance purchased by the Administrator, under section 766 of this title”.
Subsec. (a)(2). Pub. L. 93–289, § 6(2), added par. (2). Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 93–289, § 6(1), (2), redesignated former par. (2) as (3), and substituted “is insured under Servicemen’s Group Life Insurance” for “is insured under a policy of insurance purchased by the Administrator, under section 766 of this title.” Former par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 93–289, § 6(2), (3), redesignated former par. (3) as (4), and substituted “paragraph (1) or (2) hereof, or fiscal year amount under paragraph (3) hereof”, for “subsection (1) hereof, or fiscal year amount under subsection (2) hereof”, and “Servicemen’s Group Life Insurance” for “this subchapter” in two places, and for “insurance under this subchapter”.
Subsec. (b). Pub. L. 93–289, § 6(4), substituted “Servicemen’s Group Life Insurance” for “such insurance” in first sentence, and “Servicemen’s Group Life Insurance” for “this subchapter” in second sentence.
Subsec. (c). Pub. L. 93–289, § 6(5), substituted “Servicemen’s Group Life Insurance” for “any such insurance”.
Subsec. (d)(1). Pub. L. 93–289, § 6(6), substituted “Servicemen’s Group Life Insurance” for “any insurance policy or policies purchased under section 766 of this title”.
Subsec. (d)(3). Pub. L. 93–289, § 10(2), capitalized “Operating Expenses”.
Subsec. (e). Pub. L. 93–289, § 6(7), added subsec. (e).
1970
Subsec. (a). Pub. L. 91–291, § 4(1), separated provisions covering deduction of the cost of insurance from the pay of members into provisions covering such deduction in the case of persons on active duty or active duty for training under a call or order to such duty that does not specify a period of not less than thirty-one days and provisions covering such deduction in the case of persons on active duty or active duty for training under a call or order to such duty specifying a period of less than thirty-one days or persons authorized or required to perform inactive duty training scheduled in advance by competent authority and inserted provision for the collection of sums from individuals by the Secretary concerned.
Subsec. (b). Pub. L. 91–291, § 4(1), substituted the mortality which members and former members of the uniform services concerned would have been under peacetime conditions as determined by the Administrator for the mortality of the male civilian population of the United States of the same age as the median age of members of the uniformed services as shown by the records of the uniformed services, the primary insurer or insurers, and the Department of Health, Education, and Welfare as the standard against which the excess mortality suffered by members of the uniformed services would be measured to determine the extent to which the cost of insurance was traceable to the extra hazard of active duty in the uniformed services.
Subsec. (d)(1). Pub. L. 91–291, § 4(2), inserted reference to collection of sums by Secretary concerned.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–389, title IV, § 403(e)(3), , 122 Stat. 4175, provided that: “The amendment made by subsection (c) [amending this section] shall take effect as if enacted on , immediately after the enactment of the Veterans’ Survivor Benefits Improvements Act of 2001 (Public Law 107–14; 115 Stat. 25).”
Effective and Termination Dates of 2005 Amendments
Amendment by Pub. L. 109–80 effective , and this section shall be applied as if section 1012 of Pub. L. 109–13 had not been enacted, see section 2 of Pub. L. 109–80, set out as a note under section 1967 of this title.
Amendment by Pub. L. 109–13 effective through the earlier of , or, with respect to certain sections of Public Law 109–13, the date of the enactment into law of legislation that supersedes the provisions of, or the amendments made by, those sections, see section 115 of Pub. L. 109–77, set out as a note under section 1967 of this title.
Effective Date of 2001 Amendment
Amendment by Pub. L. 107–14 effective on the first day of the first month that begins more than 120 days after , see section 4(g)(1) of Pub. L. 107–14, set out as a note under section 101 of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–106 effective , see section 647(c) of Pub. L. 104–106, set out as a note under section 1968 of this title.
Effective Date of 1988 Amendment
Pub. L. 100–322, title III, § 332(b), , 102 Stat. 537, provided that: “The amendment made by subsection (a) [amending this section] shall take effect with respect to premiums paid for periods beginning after .”
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–66 effective , see section 701(b)(1) of Pub. L. 97–66, set out as a note under section 1114 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–291 effective , see section 14(a) of Pub. L. 91–291, set out as a note under section 1317 of this title.
Credits
1965–2008 · 16 acts
- 1965Added Pub. L. 89–214, § 1(a), , 79 Stat. 881, § 769
- 1970amended Pub. L. 91–291, § 4, , 84 Stat. 329
- 1974Pub. L. 93–289, §§ 6, 10(2), , 88 Stat. 168, 172
- 1981Pub. L. 97–66, title IV, § 402, , 95 Stat. 1031
- 1986Pub. L. 99–576, title VII, § 701(39), , 100 Stat. 3293
- 1988Pub. L. 100–322, title III, § 332(a), , 102 Stat. 537
- 1991renumbered § 1969 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406
- 1994Pub. L. 103–337, div. A, title VI, § 651(d), , 108 Stat. 2793
- 1994Pub. L. 103–446, title XII, § 1201(e)(8), (i)(3), , 108 Stat. 4685, 4688
- 1996Pub. L. 104–106, div. A, title VI, § 647(a), , 110 Stat. 370
- 1996Pub. L. 104–275, title IV, §§ 402(d), 405(b)(1)(C), , 110 Stat. 3337, 3339
- 2000Pub. L. 106–419, title III, § 313(b), , 114 Stat. 1855
- 2001Pub. L. 107–14, § 4(d), , 115 Stat. 29
- 2005Pub. L. 109–13, div. A, title I, § 1012(c)(2), , 119 Stat. 245
- 2005Pub. L. 109–80, § 2, , 119 Stat. 2045
- 2008Pub. L. 110–389, title IV, § 403(a)(2)(B), (c), , 122 Stat. 4174.
Show as published
(Added Pub. L. 89–214, § 1(a), , 79 Stat. 881, § 769; amended Pub. L. 91–291, § 4, , 84 Stat. 329; Pub. L. 93–289, §§ 6, 10(2), , 88 Stat. 168, 172; Pub. L. 97–66, title IV, § 402, , 95 Stat. 1031; Pub. L. 99–576, title VII, § 701(39), , 100 Stat. 3293; Pub. L. 100–322, title III, § 332(a), , 102 Stat. 537; renumbered § 1969 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406; Pub. L. 103–337, div. A, title VI, § 651(d), , 108 Stat. 2793; Pub. L. 103–446, title XII, § 1201(e)(8), (i)(3), , 108 Stat. 4685, 4688; Pub. L. 104–106, div. A, title VI, § 647(a), , 110 Stat. 370; Pub. L. 104–275, title IV, §§ 402(d), 405(b)(1)(C), , 110 Stat. 3337, 3339; Pub. L. 106–419, title III, § 313(b), , 114 Stat. 1855; Pub. L. 107–14, § 4(d), , 115 Stat. 29; Pub. L. 109–13, div. A, title I, § 1012(c)(2), , 119 Stat. 245; Pub. L. 109–80, § 2, , 119 Stat. 2045; Pub. L. 110–389, title IV, § 403(a)(2)(B), (c), , 122 Stat. 4174.)