Title 38 — Veterans’ Benefits
Part II · Chapter 19 — Insurance
§ 1981. Replacement of surrendered and expired insurance
Statutory text
Any person who surrendered a policy of National Service Life Insurance or United States Government life insurance on a permanent plan for its cash value while in the active service after , and before , who was entitled on , to reinstate or replace such insurance under section 623 of the National Service Life Insurance Act of 1940, may, upon application in writing made while on continuous active duty which began before , or within one hundred and twenty days after separation therefrom, be granted, without medical examination, permanent plan insurance on the same plan not in excess of the amount surrendered for cash, or may reinstate such surrendered insurance upon payment of the required reserve and the premium for the current month. Waiver of premiums and total disability income benefits otherwise authorized under this chapter shall not be denied in any case of issue or reinstatement of insurance on a permanent plan under this section or the prior corresponding provision of law in which it is shown to the satisfaction of the Secretary that total disability of the applicant began before the date of application. The cost of the premiums waived and total disability income benefits paid by virtue of the preceding sentence and the excess mortality cost in any case where the insurance matures by death from such total disability shall be borne by the United States and the Secretary shall transfer from time to time from the National Service Life Insurance appropriation to the National Service Life Insurance Fund and from the military and naval insurance appropriation to the United States Government Life Insurance Fund such sums as may be necessary to reimburse the funds for such costs.
Any person who had United States Government life insurance or National Service Life Insurance on the five-year level premium term plan, the term of which expired while such person was in the active service after , or within one hundred and twenty days after separation from such active service, and in either case before , who was entitled on , to replace such insurance under section 623 of the National Service Life Insurance Act of 1940, shall, upon application made while on continuous active duty which began before , or within one hundred and twenty days after separation therefrom, payment of premiums and evidence of good health satisfactory to the Secretary, be granted an equivalent amount of insurance on the five-year level premium term plan at the premium rate for such person’s then attained age.
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. § 1981
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1164, § 781
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1164, § 781Pub. L. 99–576 title VII § 701(44) · 100 Stat. 3248
Substituted · 38 U.S.C. § 1981(b)
Pub. L. 99–576 substituted “such person” for “he”
Substituted · 38 U.S.C. § 1981(b)
Pub. L. 99–576 substituted “such person’s” for “his”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–576 substituted “such person” for “he” and “such person’s” for “his”.Enacted provision · exact public law section
(44) Section 781(b) is amended— (A) by striking out “he” and inserting in lieu thereof “such person”; and (B) by striking out “his” and inserting in lieu thereof “such person’s”.Pub. L. 102–83 · 105 Stat. 378
Substituted · 38 U.S.C. § 1981
Pub. L. 102–83 renumbered section 781 of this title as this section and substituted “Secretary” for “Administrator” wherever appearing
Source evidence
Code amendment note
Pub. L. 102–83 renumbered section 781 of this title as this section and substituted “Secretary” for “Administrator” wherever appearing.
2 of 4 references resolved to an enrolled provision · 2 partial
Editorial Notes
References in Text
Section 623 of the National Service Life Insurance Act of 1940, referred to in subsecs. (a) and (b), is section 623 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Aug. 1, 1956, ch. 837, title V, § 501(a)(4), 70 Stat. 880, which enacted section 824 of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and which was repealed and the provisions thereof reenacted as this section by Pub. L. 85–857, , 72 Stat. 1105.
Amendments1986–1991 · 2 rounds
1991
Pub. L. 102–83 renumbered section 781 of this title as this section and substituted “Secretary” for “Administrator” wherever appearing.
1986
Subsec. (b). Pub. L. 99–576 substituted “such person” for “he” and “such person’s” for “his”.
Credits
1958–1991 · 3 acts
- 1958Pub. L. 85–857, , 72 Stat. 1164, § 781
- 1986Pub. L. 99–576, title VII, § 701(44), , 100 Stat. 3294
- 1991renumbered § 1981 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406.
Show as published
(Pub. L. 85–857, , 72 Stat. 1164, § 781; Pub. L. 99–576, title VII, § 701(44), , 100 Stat. 3294; renumbered § 1981 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406.)