§ 1912. Total disability waiver

1,224 words·~6 min read·/usc/title-38/section-1912

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(a)Upon application by the insured and under such regulations as the Secretary may promulgate, payment of premiums on insurance may be waived during the continuous total disability of the insured, which continues or has continued for six or more consecutive months, if such disability began

(1)after the date of the insured’s application for insurance,

(2)while the insurance was in force under premium-paying conditions, and

(3)before the insured’s sixty-fifth birthday. Notwithstanding any other provision of this chapter, in any case in which the total disability of the insured commenced on or after the insured’s sixtieth birthday but before the insured’s sixty-fifth birthday, the Secretary shall not grant waiver of any premium becoming due prior to January 1, 1965.

(b)The Secretary, upon any application made after August 1, 1947, shall not grant waiver of any premium becoming due more than one year before the receipt by the Secretary of application for the same, except as provided in this section. Any premiums paid for months during which waiver is effective shall be refunded. The Secretary shall provide by regulations for examination or reexamination of an insured claiming benefits under this section, and may deny benefits for failure to cooperate. If it is found that an insured is no longer totally disabled, the waiver of premiums shall cease as of the date of such finding and the policy of insurance may be continued by payment of premiums as provided in said policy. In any case in which the Secretary finds that the insured’s failure to make timely application for waiver of premiums or the insured’s failure to submit satisfactory evidence of the existence or continuance of total disability was due to circumstances beyond the insured’s control, the Secretary may grant waiver or continuance of waiver of premiums.

(c)If the insured dies without filing application for waiver, the beneficiary, within one year after the death of the insured, or, if the beneficiary is insane or a minor, within one year after removal of such legal disability, may file application for waiver with evidence of the insured’s right to waiver under this section. Premium rates shall be calculated without charge for the cost of waiver of premiums provided in this section and no deduction from benefits otherwise payable shall be made on account thereof.

(d)In any case in which an insured has been denied or would have been denied premium waiver under section 602(n) of the National Service Life Insurance Act of 1940 or this section solely because the insured became totally disabled between the date of valid application for insurance and the subsequent effective date thereof, and in which it is shown that

(1)the total disability was incurred in line of duty between October 8, 1940, and July 31, 1946, inclusive, or June 27, 1950, and April 30, 1951, inclusive, and

(2)the insured remained continuously so totally disabled to the date of death or June 8, 1960, whichever is earlier, the Secretary may grant waiver of premiums from the beginning of and during the continuous total disability of such insured. Application for waiver of premiums under this subsection must be filed by the insured or, in the event of the insured’s death, by the beneficiary within two years after June 8, 1960, except that if the insured or the beneficiary be insane or a minor within the two-year period, application for such waiver may be filed within two years after removal of such legal disability, or if an insane insured shall die before the removal of the disability, application may be filed by the beneficiary within two years after the insured’s death. No insurance shall be placed in force under this subsection in any case in which there was an award of benefits under the Servicemen’s Indemnity Act of 1951 or of gratuitous insurance under section 1922(b) of this title. The amount of insurance placed in force hereunder together with any other United States Government life insurance or national service life insurance in force at the time of death, or at the time of the insured’s application for waiver hereunder, may not exceed $10,000 and shall be reduced by the amount of any gratuitous insurance awarded under the National Service Life Insurance Act of 1940. Waiver of premiums under this subsection shall render the insurance nonparticipating during the period such premium waiver is in effect. The cost of waiver of premium and death benefits paid as a result of this subsection shall be borne by the United States.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1150, § 712; Pub. L. 86–497, June 8, 1960, 74 Stat. 164; Pub. L. 88–364, July 7, 1964, 78 Stat. 302; Pub. L. 97–295, § 4(23), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99–576, title VII, § 701(25), Oct. 28, 1986, 100 Stat. 3292; renumbered § 1912 and amended Pub. L. 102–83, §§ 4(a)(2)(C)(ii), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

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Pub. L. 85–857
72 Stat. 1150
Pub. L. 86–497
74 Stat. 164
Pub. L. 88–364
78 Stat. 302
Pub. L. 97–295, § 4(23)
96 Stat. 1306
Pub. L. 99–576, title VII, § 701(25)
100 Stat. 3292
Pub. L. 102–83
105 Stat. 404–406
act Apr. 25, 1951, ch. 39
65 Stat. 33
act Aug. 1, 1956, ch. 837, title V, § 502(9)
70 Stat. 886
act Oct. 8, 1940, ch. 757, title VI
54 Stat. 1008
Pub. L. 85–857, § 14(75)
72 Stat. 1272
Pub. L. 102–83, § 5(a)
Pub. L. 102–83, § 4(b)(1)
Pub. L. 102–83, § 4(a)(2)(C)(ii)
Pub. L. 102–83, § 5(c)(1)
Pub. L. 99–576
Pub. L. 97–295

Citation graph

cites case law

§ 1912

Total disability waiver

Fed. Reg.×13

U.S.C.×7

C.F.R.×2

U.S.C.§ 1922

U.S.C.§ 712

Pub. L.Pub. L. 85–857

Stat.72 Stat. 1150

Pub. L.Pub. L. 86–497

Stat.74 Stat. 164

Pub. L.Pub. L. 88–364

Cites 28 · showing 7Cited by 22 across 3 sources