38 U.S. Code § 1968 - Duration and termination of coverage; conversion

2010—Subsec. (a)(1)(A)(ii). Pub. L. 111–275, § 402(a)(1), added cl. (ii) and struck out former cl. (ii) which read as follows: “The date that is—

“(I) two years after the date of separation or release from such active duty or active duty for training, in the case of such a separation or release during the period beginning on the date that is one year before the date of the enactment of Veterans’ Housing Opportunity and Benefits Improvement Act of 2006 and ending on September 30, 2011; and

“(II) 18 months after the date of separation or release from such active duty or active duty for training, in the case of such a separation or release on or after October 1, 2011.”

Subsec. (a)(4)(B). Pub. L. 111–275, § 402(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “The date that is—

“(i) two years after the date of separation or release from such assignment, in the case of such a separation or release during the period beginning on the date that is one year before the date of the enactment of Veterans’ Housing Opportunity and Benefits Improvement Act of 2006 and ending on September 30, 2011; and

“(ii) 18 months after the date of separation or release from such assignment, in the case of such a separation or release on or after October 1, 2011.”

Subsec. (a)(5)(B)(ii). Pub. L. 111–275, § 403, amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “the date of termination of the insurance on the member’s life under this subchapter; or”.

2008—Subsec. (a)(5)(B)(ii). Pub. L. 110–389 struck out “120 days after” before “the date”.

2006—Subsec. (a)(1). Pub. L. 109–233, § 301(a)(2)(A), substituted “shall cease as follows:” for “shall cease—” in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 109–233, § 301(a)(1), substantially rewrote subpar. (A). Prior to amendment, subpar. (A) read as follows: “120 days after the separation or release from active duty or active duty for training, unless on the date of such separation or release the member is totally disabled, under criteria established by the Secretary, in which event the insurance shall cease one year after the date of separation or release from such active duty or active duty for training, or on the date the insured ceases to be totally disabled, whichever is the earlier date, but in no event before the end of 120 days after such separation or release; or”.

Subsec. (a)(1)(B). Pub. L. 109–233, § 301(a)(2)(B), substituted “At” for “at” after subpar. designation.

Subsec. (a)(4). Pub. L. 109–233, § 301(b), substantially rewrote par. (4). Prior to amendment, par. (4) read as follows: “With respect to a member of the Ready Reserve of a uniformed service who meets the qualifications set forth in subparagraph (B) or (C) of section 1965(5) of this title, insurance under this subchapter shall cease 120 days after separation or release from such assignment, unless on the date of such separation or release the member is totally disabled, under criteria established by the Secretary, in which event the insurance shall cease one year after the date of separation or release from such assignment, or on the date the insured ceases to be totally disabled, whichever is the earlier date, but in no event before the end of 120 days after separation or release from such assignment.”

2001—Subsec. (a). Pub. L. 107–14, § 4(c)(1)(A), (2)(A), in introductory provisions, inserted “and any insurance thereunder on any insurable dependent of such a member,” after “any insurance thereunder on any member of the uniformed services,” and substituted “and such insurance shall cease as follows:” for “, and such insurance shall cease—”.

Subsec. (a)(1). Pub. L. 107–14, § 4(c)(2)(B), (C)(i), in introductory provisions, substituted “With respect” for “with respect” and “31 days, insurance under this subchapter shall cease—” for “thirty-one days—”.

Subsec. (a)(1)(A). Pub. L. 107–14, § 4(c)(2)(C)(ii), substituted “120 days” for “one hundred and twenty days” and “before the end of 120 days” for “prior to the expiration of one hundred and twenty days”.

Subsec. (a)(1)(B). Pub. L. 107–14, § 4(c)(2)(C)(iii), substituted a period for semicolon at end.

Subsec. (a)(2). Pub. L. 107–14, § 4(c)(2)(B), (D), substituted “With respect” for “with respect”, “31 days,” for “thirty-one days”, and a period for semicolon at end and substituted “120 days” for “one hundred and twenty days” in two places.

Subsec. (a)(3). Pub. L. 107–14, § 4(c)(2)(B), (E), substituted “With respect” for “with respect” and a period for “; and” at end, inserted a comma after “competent authority”, and substituted “120 days” for “one hundred and twenty days” in two places.

Subsec. (a)(4). Pub. L. 107–14, § 4(c)(2)(B), (F) substituted “With respect” for “with respect” and inserted “insurance under this subchapter shall cease” after “section 1965(5) of this title,”.

Subsec. (a)(5). Pub. L. 107–14, § 4(c)(1)(B), added par. (5).

Subsec. (b)(1)(A). Pub. L. 107–14, § 4(c)(3), inserted “(to insure against death of the member only)” after “converted to Veterans’ Group Life Insurance”.

Subsec. (b)(3). Pub. L. 107–14, § 4(f), added par. (3).

2000—Subsec. (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” in introductory provisions and par. (4).

1999—Subsec. (a). Pub. L. 106–65 made technical amendment to directory language of Pub. L. 104–106, § 647(b). See 1996 Amendment note below.

1996—Subsec. (a). Pub. L. 104–275, § 402(c)(1)(A), substituted “section 1965(5)(B)” for “subparagraph (B), (C), or (D) of section 1965(5)” in introductory provisions.

Pub. L. 104–106, § 647(b), as amended by Pub. L. 106–65, inserted “(or discontinued pursuant to section 1969(a)(2)(B) of this title)” after “upon the written request of the insured” in introductory provisions.

Subsec. (a)(1) to (3). Pub. L. 104–275, § 402(c)(1)(B), (C), substituted a semicolon for the period at end of pars. (1) and (2) and “; and” for the period at end of par. (3).

Subsec. (a)(4). Pub. L. 104–275, § 402(c)(1)(D)(iv), struck out subpars. (B) and (C) which read as follows:

“(B) unless on the date of such separation or release the member has completed at least twenty years of satisfactory service creditable for retirement purposes under chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act) and would upon application be eligible for assignment to or is assigned to the Retired Reserve, in which event the insurance, unless converted to an individual policy under terms and conditions set forth in section 1977(e) of this title, shall, upon timely payment of premiums under terms prescribed by the Secretary directly to the administrative office established under section 1966(b) of this title, continue in force until receipt of the first increment of retirement pay by the member or the member’s sixty-first birthday, whichever occurs earlier; or

“(C) unless on the date of such separation or release the member is transferred to the Retired Reserve of a uniformed service under the temporary special retirement authority provided in section 1331a of title 10, in which event the insurance, unless converted to an individual policy under terms and conditions set forth in section 1977(e) of this title, shall, upon timely payment of premiums under terms prescribed by the Secretary directly to the administrative office established under section 1966(b) of this title, continue in force until receipt of the first increment of retirement pay by the member or the member’s sixty-first birthday, whichever occurs earlier.”

Pub. L. 104–275, § 402(c)(1)(D)(i)–(iii), substituted “120 days after separation or release from such assignment, unless on” for “one hundred and twenty days after separation or release from such assignment—

“(A) unless on”,

substituted “before the end of 120 days” for “prior to the expiration of one hundred and twenty days”, and substituted “such assignment.” for “such assignment;”.

Subsec. (a)(5), (6). Pub. L. 104–275, § 402(c)(1)(E), struck out pars. (5) and (6) which read as follows:

“(5) with respect to a member of the Retired Reserve who meets the qualifications of section 1965(5)(C) of this title, and who was assigned to the Retired Reserve prior to the date insurance under the amendment made by section 5(a) of the Veterans’ Insurance Act of 1974 (Public Law 93–289, 88 Stat. 166) is placed in effect for members of the Retired Reserve, at such time as the member receives the first increment of retirement pay, or the member’s sixty-first birthday, whichever occurs earlier, subject to the timely payment of the initial and subsequent premiums, under terms prescribed by the Secretary, directly to the administrative office established under section 1966(b) of this title.

“(6) with respect to a member of the Retired Reserve who meets the qualifications of section 1965(5)(D) of this title, at such time as the member receives the first increment of retirement pay, or the member’s sixty-first birthday, whichever occurs earlier, subject to the timely payment of the initial and subsequent premiums, under terms prescribed by the Secretary, directly to the administrative office established under section 1966(b) of this title.”

Subsec. (b). Pub. L. 104–275, § 403(a)(3), substituted “(2) Automatic conversion to Veterans’ Group Life Insurance under paragraph (1)” for “Such automatic conversion”.

Pub. L. 104–275, § 403(a)(2), substituted “would cease—” and subpars. (A) and (B) for “would cease, shall be automatically converted to Veterans’ Group Life Insurance subject to (1) the timely payment of the initial premium under terms prescribed by the Secretary, and (2) the terms and conditions set forth in section 1977 of this title.”

Pub. L. 104–275, § 403(a)(1), inserted “(1)” after “(b)” at beginning of subsec.

Pub. L. 104–275, § 402(c)(2), struck out at end “Servicemen’s Group Life Insurance continued in force under section 1968(a)(4)(B) or (5) of this title shall not be converted to Veterans’ Group Life Insurance. However, a member whose insurance could be continued in force under section 1968(a)(4)(B) of this title, but is not so continued, may, effective the day after the insurance otherwise would cease, convert such insurance to an individual policy under the terms and conditions set forth in section 1977(e) of this title.”

Subsec. (b)(1). Pub. L. 104–275, § 405(b)(1)(B), substituted “Servicemembers’ Group” for “Servicemen’s Group”.

1994—Subsec. (a). Pub. L. 103–337, § 651(c)(1), substituted “subparagraph (B), (C), or (D) of section 1965(5)” for “section 1965(5)(B) or (C)” in introductory provisions.

Subsec. (a)(4)(B). Pub. L. 103–337, § 1677(d)(1), substituted “chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act)” for “chapter 67 of title 10”.

Subsec. (a)(4)(C). Pub. L. 103–337, § 651(c)(2), added subpar. (C).

Subsec. (a)(6). Pub. L. 103–337, § 651(c)(3), added par. (6).

1991—Pub. L. 102–83, § 5(a), renumbered section 768 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1965(5)(B)” for “765(5)(B)” in two places, “1977(e)” for “777(e)”, “1966(b)” for “766(b)” in two places, and “1965(5)(C)” for “765(5)(C)”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1967(b) or 1968(a)” for “767(b) or 768(a)”, “1977” for “777” in two places, “1968(a)(4)(B)” for “768(a)(4)(B)” in two places, and “1977(e)” for “777(e)”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

1986—Subsec. (a)(2), (3). Pub. L. 99–576, § 701(38)(A), (B), struck out “his” before “death”, and substituted “the member” for “his”.

Subsec. (b). Pub. L. 99–576, § 701(38)(C), substituted “the” for “he” before “insurance otherwise”.

1982—Subsec. (a)(5). Pub. L. 97–295 substituted “the amendment made by section 5(a) of the Veterans’ Insurance Act of 1974 (Public Law 93–289, 88 Stat. 166)” for “this amendment”.

1974—Subsec. (a). Pub. L. 93–289, § 5(a)(1)–(3), inserted in opening provisions “or while the member meets the qualifications set forth in section 765(5)(B) or (C) of this title,”, substituted “one hundred and twenty days” for “ninety days” wherever appearing in pars. (2) and (3), and added pars. (4) and (5).

Subsec. (b). Pub. L. 93–289, § 5(a)(4), substituted provisions requiring policies of Servicemen’s Group Life Insurance to contain a provision automatically converting such policy to Veterans’ Group Life Insurance, for provisions which required such policies to contain a provision for conversion to an individual policy of insurance, and inserted sentences providing for the effective date of automatic conversion, prohibiting conversion of Servicemen’s Group Life Insurance continued in force under section 768(a)(4)(B) or (5) of this title, and authorizing conversion by a member whose insurance could be continued in force under section 768(a)(4)(B) of this title, but is not so continued.

Subsec. (c). Pub. L. 93–289, § 5(a)(5), repealed subsec. (c) which related to conversion by eligible insured persons to policies written by companies participating in the program established by this subchapter.

1970—Subsec. (a). Pub. L. 91–291 designated existing provisions as subsec. (a) and substituted provisions covering the duration of coverage for provisions covering termination of coverage. For termination and conversion of insurance see subsecs. (b) and (c) of this section.

Subsecs. (b), (c). Pub. L. 91–291 added subsecs. (b) and (c).

Pub. L. 111–275, title IV, § 402(b), Oct. 13, 2010, 124 Stat. 2879, provided that:

Pub. L. 110–389, title IV, § 403(e)(2), Oct. 10, 2008, 122 Stat. 4174, provided that:

Amendment by Pub. L. 107–14 effective on the first day of the first month that begins more than 120 days after June 5, 2001, see section 4(g)(1) of Pub. L. 107–14, set out as a note under section 101 of this title.

Pub. L. 106–65, div. A, title X, § 1066(d)(1), Oct. 5, 1999, 113 Stat. 773, provided that the amendment made by section 1066(d)(1) is effective Apr. 1, 1996.

Pub. L. 104–106, div. A, title VI, § 647(c), Feb. 10, 1996, 110 Stat. 370, provided that:

Amendment by section 1677(d)(1) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Pub. L. 93–289, § 12(4), May 24, 1974, 88 Stat. 173, provided that:

Amendment by Pub. L. 91–291 effective June 25, 1970, see section 14(a) of Pub. L. 91–291, set out as a note under section 1317 of this title.

Pub. L. 104–275, title IV, § 402(e), Oct. 9, 1996, 110 Stat. 3338, provided that:

Pub. L. 93–289, § 5(b), May 24, 1974, 88 Stat. 168, provided that the amendments made by Pub. L. 93–289, enacting sections 777, 778, and 779 [now 1977, 1978, and 1979] of this title and section 707 of Title 37, Pay and Allowances of the Uniformed Services, and amending sections 723, 765, 767, 768, 769, 770, 771, and 774 [now 1923, 1965, 1967, 1968, 1969, 1970, 1971, and 1974] of this title, not be construed to deprive any person discharged or released from the uniformed services of the United States prior to the date on which the Veterans’ Group Life Insurance program (provided for under section 777 [now 1977] of this title) became effective of the right to convert Servicemen’s Group Life Insurance to an individual policy under the provisions of law in effect prior to such effective date.