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38 U.S.C. § 1969 — Deductions; payment; investment; expenses

submitted 61 years ago by Pub. L. 89-214 to r/title-38-VETERANS-BENEFITS · 1,823 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains how members and the government pay Servicemembers’ Group Life Insurance costs, how the insurance fund is used and invested, and how spouse premiums and unpaid amounts are handled. It also bars state taxes on premiums and provides for regulations.

(a)(1) During active duty or active-duty training under a call or order to such duty that does not specify a period of less than 31 days, the member pays each month from basic or other pay the Secretary’s uniform share of the insurance cost, excluding extra-hazard costs, until separation or release from that duty. (2)(A) During each month a qualifying Ready Reserve member is insured, the service’s active-duty-pay appropriation contributes the Secretary’s uniform share of the cost, excluding extra-hazard costs. The Secretary concerned collects that amount from the individual and credits it back to the contributing appropriation. (B) If a person required to remit directly does not pay within 60 days after it is due, the Secretary concerned terminates that insurance by written notice to the official address, effective 60 days after notice. Termination may be cancelled if, before it takes effect, the person pays all overdue amounts and shows the failure was justifiable. (3) During a fiscal year or part of one, a member on duty under a call or order to such duty that specifies a period of less than 31 days, or performing scheduled inactive duty training, pays the Secretary’s uniform share, excluding extra-hazard costs, by pay deduction or otherwise. (4) Any unpaid amount may be deducted from later insurance proceeds. The Secretary may continue the initial monthly or fiscal-year amount from year to year but may revise it based on experience. Properly deducted or collected amounts are not refunded.
(b) For each insured member-month, the service’s active-duty-pay appropriation contributes the Secretary’s certified cost traceable to extra duty hazard. From January 1, 1970, that cost is based on excess deaths of insured current and former members above peacetime deaths, using methods and data the Secretary finds reasonable and practicable. The Secretary may adjust contributions based on experience.
(c) Current active-service-pay appropriations may advance a member’s first amount due. The advance is a lien on service or other pay owed to that person and is collected if unpaid. A disbursing or certifying officer is not responsible for a loss caused by the advance.
(d)(1) Member payments, government extra-hazard contributions, and income from insurer dividends or premium adjustments go into a Treasury revolving fund. The fund pays premiums, extra-hazard costs, and the Department’s administrative costs for insurance under this subchapter. (2) The Secretary may reserve amounts for those costs and current policy payments. The Treasury Secretary may invest the fund in, and sell or retire, special interest-bearing United States obligations. Their maturities must account for fund needs. Their interest equals the average market yield on specified public-debt obligations, rounded to the nearest one-eighth of one percent when necessary. (3) Despite section 1982, the Secretary periodically decides the Department’s properly allocable administrative costs and transfers them from the fund to the “General Operating Expenses, Department of Veterans Affairs” appropriation.
(e) The Secretary of Defense must issue regulations for the military-department Secretaries’ functions. After consulting the Secretary, the Defense Secretary must include procedures ensuring timely, complete compliance, especially with subsection (a)(2)’s appropriation contributions.
(f)(1) A State or its political subdivision or other authority may not impose or collect a tax, fee, or other monetary payment on a premium paid under a policy bought under this subchapter. (2) This does not exempt an issuing company from a broad-based tax, fee, or payment on its net income or profit from this business.
(g)(1)(A) While a member is on active duty and the spouse is insured, the member pays each month from basic or other pay the Secretary-determined premium for that pay period until separation or release from active duty. No premium may be charged for a child. (B) For a qualifying Ready Reserve member whose spouse is insured, the active-duty-pay appropriation contributes the Secretary-determined spouse-insurance cost less extra-hazard costs, and the Secretary concerned collects it from the individual and credits it to that appropriation. (2)(A) The Secretary sets spouse life-insurance premiums. (B) They must use sound actuarial principles and include insurer administrative costs. (C) The first policy-year rate continues later, but may be adjusted for a later year based on policy experience as the Secretary determines before that year.
(h) An overpayment for dependent coverage that ends under section 1968(a)(5) must be refunded to the member.

the actual law source: uscode.house.gov ↗public domain
(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 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.

(2)
(A)

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.

(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 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.

(3)

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.

(4)

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.

(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 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 January 1, 1970, 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.

(c)

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.

(d)
(1)

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.

(2)

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.

(3)

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”.

(e)

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.

(f)
(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.

(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 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.

(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.

Source credit: (Added Pub. L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 881, § 769; amended Pub. L. 91–291, § 4, June 25, 1970, 84 Stat. 329; Pub. L. 93–289, §§ 6, 10(2), May 24, 1974, 88 Stat. 168, 172; Pub. L. 97–66, title IV, § 402, Oct. 17, 1981, 95 Stat. 1031; Pub. L. 99–576, title VII, § 701(39), Oct. 28, 1986, 100 Stat. 3293; Pub. L. 100–322, title III, § 332(a), May 20, 1988, 102 Stat. 537; renumbered § 1969 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 103–337, div. A, title VI, § 651(d), Oct. 5, 1994, 108 Stat. 2793; Pub. L. 103–446, title XII, § 1201(e)(8), (i)(3), Nov. 2, 1994, 108 Stat. 4685, 4688; Pub. L. 104–106, div. A, title VI, § 647(a), Feb. 10, 1996, 110 Stat. 370; Pub. L. 104–275, title IV, §§ 402(d), 405(b)(1)(C), Oct. 9, 1996, 110 Stat. 3337, 3339; Pub. L. 106–419, title III, § 313(b), Nov. 1, 2000, 114 Stat. 1855; Pub. L. 107–14, § 4(d), June 5, 2001, 115 Stat. 29; Pub. L. 109–13, div. A, title I, § 1012(c)(2), May 11, 2005, 119 Stat. 245; Pub. L. 109–80, § 2, Sept. 30, 2005, 119 Stat. 2045; Pub. L. 110–389, title IV, § 403(a)(2)(B), (c), Oct. 10, 2008, 122 Stat. 4174.)

history & why it existsrecord from the source credit
  • 1965Enacted · Pub. L. 89-214 · 79 Stat. 881
  • 1970Amended · Pub. L. 91-291 · 84 Stat. 329
  • 1974Amended · Pub. L. 93-289 · 88 Stat. 168, 172
  • 1981Amended · Pub. L. 97-66 · 95 Stat. 1031
  • 1986Amended · Pub. L. 99-576 · 100 Stat. 3293
  • 1988Amended · Pub. L. 100-322 · 102 Stat. 537
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 404
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2793
  • 1994Amended · Pub. L. 103-446 · 108 Stat. 4685, 4688
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 370
  • 1996Amended · Pub. L. 104-275 · 110 Stat. 3337, 3339
  • 2000Amended · Pub. L. 106-419 · 114 Stat. 1855
  • 2001Amended · Pub. L. 107-14 · 115 Stat. 29
  • 2005Amended · Pub. L. 109-13 · 119 Stat. 245
  • 2005Amended · Pub. L. 109-80 · 119 Stat. 2045
  • 2008Amended · Pub. L. 110-389 · 122 Stat. 4174

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-214 on 1965-09-29.

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