38 U.S.C. § 1921 — Extra hazard costs
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 534 words · no verdicts yet
The United States pays certain insurance costs caused by the extra hazard of military or naval service. The Secretary determines that hazard and transfers the needed amounts between the specified insurance accounts.
(a) The United States must pay the extra mortality cost and the cost of waiving premiums because of total disability that can be traced to the extra hazard of military or naval service, as the Secretary* determines that hazard.
(b) When insurance* benefits become payable because the insured died from a disease or injury traceable to that extra hazard, the United States must pay the amount that, when added to the policy reserve* at death, equals the then-current value of the benefits. For insurance benefits already or later matured that involve life contingencies, the liability must be calculated using the mortality table or tables the Secretary prescribes and 3 percent yearly interest. The Secretary must periodically transfer from the National Service Life Insurance appropriation to the National Service Life Insurance Fund whatever amounts are needed to carry out this section.
(c) When premiums are waived because the insured is totally disabled by a disease or injury traceable to that extra hazard, the United States must pay the waived premiums. The Secretary must periodically transfer an equal amount from the National Service Life Insurance appropriation to the National Service Life Insurance Fund.
(d) When payments under the total-disability-income provision become payable, or have become payable, because the insured is totally disabled by a disease or injury traceable to the extra hazard of military or naval service, the United States must bear the liability. The Secretary must periodically transfer from the appropriation to the Fund amounts payable to the insured for that disability, and must transfer from the Fund to the appropriation the reserve held for the disability benefit. If a person receiving those payments recovers and is then entitled to continued protection under that provision, the Secretary must transfer to the Fund enough money to establish the reserve then required for that disability benefit.
(e) A disability for which a waiver was required before a person could be offered a commission under Public Law 816 of the Seventy-seventh Congress is treated, for this section, as a disability caused by an injury or disease traceable to the extra hazard of military or naval service.
The United States shall bear the excess mortality cost and the cost of waiver of premiums on account of total disability traceable to the extra hazard of military or naval service, as such hazard may be determined by the Secretary*.
Whenever benefits under insurance* become payable because of the death of the insured as the result of disease or injury traceable to the extra hazard of military or naval service, as such hazard may be determined by the Secretary, the liability for payment of such benefits shall be borne by the United States in an amount which, when added to the reserve* of the policy at the time of death of the insured will equal the then value of such benefits under such policy. Where life contingencies are involved in the calculation of the value of such benefits of insurance heretofore or hereafter matured, the calculation of such liability or liabilities shall be based upon such mortality table or tables as the Secretary may prescribe with interest at the rate of 3 per centum per annum. The Secretary shall transfer from time to time from the National Service Life Insurance appropriation to the National Service Life Insurance Fund such sums as may be necessary to carry out the provisions of this section.
Whenever the premiums under insurance are waived because of the total disability of the insured as the result of disease or injury traceable to the extra hazard of military or naval service, as such hazard may be determined by the Secretary, the premiums so waived shall be paid by the United States and the Secretary shall transfer from time to time an amount equal to the amount of such premiums from the National Service Life Insurance appropriation to the National Service Life Insurance Fund.
Whenever benefits under the total disability income provision become, or have become, payable because of total disability of the insured as a result of disease or injury traceable to the extra hazard of the military or naval service, as such hazard may be determined by the Secretary, the liability shall be borne by the United States, and the Secretary shall transfer from the National Service Life Insurance appropriation to the National Service Life Insurance Fund from time to time any amounts which become, or have become, payable to the insured on account of such total disability, and to transfer from the National Service Life Insurance Fund to the National Service Life Insurance appropriation the amount of the reserve held on account of the total disability benefit. When a person receiving such payments on account of total disability recovers from such disability, and is then entitled to continue protection under the total disability income provision, the Secretary shall transfer to the National Service Life Insurance Fund a sum sufficient to set up the then required reserve on such total disability benefit.
Any disability for which a waiver was required as a condition to tendering a person a commission under Public Law 816, Seventy-seventh Congress, shall be deemed to be a disability resulting from an injury or disease traceable to the extra hazard of military or naval service for the purpose of applying this section.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1154, § 721; renumbered § 1921 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1154
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.
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