
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 312(a)]
[Document affected by Public Law 106-419 Section 313(b)]
[Document affected by Public Law 107-14 Section 4(b)]
[Document affected by Public Law 106-419 Section 312(c)]
[Document affected by Public Law 107-14 Section 5]
[CITE: 38USC1967]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
                          CHAPTER 19--INSURANCE
 
          SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE
 
Sec. 1967. Persons insured; amount

    (a) Any policy of insurance purchased by the Secretary under section 
1966 of this title shall automatically insure against death--
        (1) any member of a uniformed service on active duty, active 
    duty for training, or inactive duty training scheduled in advance by 
    competent authority; and
        (2) any member of the Ready Reserve of a uniformed service who 
    meets the qualifications set forth in section 1965(5)(B) of this 
    title;

in the amount of $200,000, unless such member elects in writing (A) not 
to be insured under this subchapter, or (B) to be insured in an amount 
less than $200,000 that is evenly divisible by $10,000. The insurance 
shall be effective the first day of active duty or active duty for 
training, or the beginning of a period of inactive duty training 
scheduled in advance by competent authority, or the first day a member 
of the Ready Reserve meets the qualifications set forth in section 
1965(5)(B) of this title, or the date certified by the Secretary to the 
Secretary concerned as the date Servicemembers' Group Life Insurance 
under this subchapter for the class or group concerned takes effect, 
whichever is the later date.
    (b) Any member (other than one who has elected not to be insured 
under this subchapter for the period or periods of duty involved)--
        (1) who, when authorized or required by competent authority, 
    assumes an obligation to perform (for less than thirty-one days) 
    active duty, or active duty for training, or inactive duty training 
    scheduled in advance by competent authority; and
        (2) who is rendered uninsurable at standard premium rates 
    according to the good health standards approved by the Secretary, or 
    dies within one hundred and twenty days thereafter, from a 
    disability, or aggravation of a preexisting disability, incurred by 
    such member while proceeding directly to or returning directly from 
    such active duty, active duty for training, or inactive duty 
    training as the case may be;

shall be deemed to have been on active duty, active duty for training, 
or inactive duty training, as the case may be, and to have been insured 
under this subchapter at the time such disability was incurred or 
aggravated, and if death occurs within one hundred and twenty days 
thereafter as a result of such disability to have been insured at the 
time of death. In determining whether or not such individual was so 
authorized or required to perform such duty, and whether or not such 
member was rendered uninsurable or died within one hundred and twenty 
days thereafter from a disability so incurred or aggravated, there shall 
be taken into account the call or order to duty, the orders and 
authorizations of competent authority, the hour on which the member 
began to so proceed or to return, the hour on which such member was 
scheduled to arrive for, or on which such member ceased to perform such 
duty; the method of travel employed; such member's itinerary; the manner 
in which the travel was performed; and the immediate cause of disability 
or death. Whenever any claim is filed alleging that the claimant is 
entitled to benefits by reason of this subsection, the burden of proof 
shall be on the claimant.
    (c) If any member elects not to be insured under this subchapter or 
to be insured in any amount less than $200,000, such member may 
thereafter be insured under this subchapter in the amount of $200,000 or 
any lesser amount evenly divisible by $10,000 upon written application, 
proof of good health, and compliance with such other terms and 
conditions as may be prescribed by the Secretary. Any former member 
insured under Veterans' Group Life Insurance who again becomes eligible 
for Servicemembers' Group Life Insurance and declines such coverage 
solely for the purpose of maintaining such member's Veterans' Group Life 
Insurance in effect shall upon termination of coverage under Veterans' 
Group Life Insurance be automatically insured under Servicemembers' 
Group Life Insurance, if otherwise eligible therefor.
    (d) Whenever a member has the opportunity to make an election under 
subsection (a) not to be insured under this subchapter, or to be insured 
under this subchapter in an amount less than the maximum amount of 
$200,000, and at such other times periodically thereafter as the 
Secretary concerned considers appropriate, the Secretary concerned shall 
furnish to the member general information concerning life insurance. 
Such information shall include--
        (1) the purpose and role of life insurance in financial 
    planning;
        (2) the difference between term life insurance and whole life 
    insurance;
        (3) the availability of commercial life insurance; and
        (4) the relationship between Servicemembers' Group Life 
    Insurance and Veterans' Group Life Insurance.

    (e) The effective date and time for any change in benefits under the 
Servicemembers' Group Life Insurance Program shall be based on the date 
and time according to the time zone immediately west of the 
International Date Line.

(Added Pub. L. 89-214, Sec. 1(a), Sept. 29, 1965, 79 Stat. 881, 
Sec. 767; amended Pub. L. 91-291, Sec. 2, June 25, 1970, 84 Stat. 327; 
Pub. L. 93-289, Sec. 4, May 24, 1974, 88 Stat. 166; Pub. L. 97-66, title 
IV, Sec. 401(a), Oct. 17, 1981, 95 Stat. 1030; Pub. L. 99-166, title IV, 
Sec. 401(a), Dec. 3, 1985, 99 Stat. 956; Pub. L. 99-576, title VII, 
Sec. 701(37), Oct. 28, 1986, 100 Stat. 3293; Pub. L. 102-25, title III, 
Sec. 336(a), Apr. 6, 1991, 105 Stat. 89; renumbered Sec. 1967 and 
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 
1991, 105 Stat. 404-406; Pub. L. 102-568, title II, Sec. 201, Oct. 29, 
1992, 106 Stat. 4324; Pub. L. 103-160, div. A, title XI, Sec. 1175(a), 
Nov. 30, 1993, 107 Stat. 1768; Pub. L. 103-337, div. A, title VI, 
Sec. 651(b), Oct. 5, 1994, 108 Stat. 2792; Pub. L. 104-106, div. A, 
title VI, Sec. 646, Feb. 10, 1996, 110 Stat. 369; Pub. L. 104-275, title 
IV, Secs. 402(b), 404, 405(b)(1)(A), Oct. 9, 1996, 110 Stat. 3337, 
3339.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-275, Sec. 405(b)(1)(A), substituted 
``Servicemembers' Group'' for ``Servicemen's Group'' in concluding 
provisions.
    Pub. L. 104-275, Sec. 402(b)(1)(C), struck out ``or the first day a 
member of the Reserves, whether or not assigned to the Retired Reserve 
of a uniformed service, meets the qualifications of section 1965(5)(C) 
of this title, or the first day a member of the Reserves meets the 
qualifications of section 1965(5)(D) of this title,'' after ``section 
1965(5)(B) of this title,'' in concluding provisions.
    Pub. L. 104-106, Sec. 646(1), substituted ``$200,000'' for 
``$100,000'' in two places in concluding provisions.
    Subsec. (a)(1). Pub. L. 104-275, Sec. 402(b)(1)(A), inserted ``and'' 
at end.
    Subsec. (a)(3), (4). Pub. L. 104-275, Sec. 402(b)(1)(B), struck out 
pars. (3) and (4) which read as follows:
    ``(3) any member assigned to, or who upon application would be 
eligible for assignment to, the Retired Reserve of a uniformed service 
who meets the qualifications set forth in section 1965(5)(C) of this 
title; and
    ``(4) any member assigned to the Retired Reserve of a uniform 
service who meets the qualifications set forth in section 1965(5)(D) of 
this title;''.
    Subsec. (c). Pub. L. 104-275, Sec. 405(b)(1)(A), substituted 
``Servicemembers' Group'' for ``Servicemen's Group'' in two places.
    Pub. L. 104-106, Sec. 646(1), substituted ``$200,000'' for 
``$100,000'' in two places.
    Subsec. (d). Pub. L. 104-275, Secs. 402(b)(2), 404, added subsec. 
(d) and struck out former subsec. (d) which read as follows: 
``Notwithstanding any other provision of this section, any member who on 
May 1, 1991 is a member of the Retired Reserve of a uniformed service 
(or who upon application would be eligible for assignment to the Retired 
Reserve of a uniformed service) may obtain increased insurance coverage 
in the amount of $100,000 or any lesser amount evenly divisible by 
$10,000 if--
        ``(1) the member--
            ``(A) is insured under this subchapter on May 1, 1991; or
            ``(B) within one year after May 1, 1991, reinstates 
        insurance under this subchapter that had lapsed for nonpayment 
        of premiums; and
        ``(2) the member submits a written application for the increased 
    coverage to the office established pursuant to section 1966(b) of 
    this title within one year after May 1, 1991.''
    Subsec. (e). Pub. L. 104-275, Sec. 405(b)(1)(A), substituted 
``Servicemembers' Group'' for ``Servicemen's Group''.
    Pub. L. 104-106, Sec. 646(2), (3), redesignated subsec. (f) as (e) 
and struck out former subsec. (e) which read as follows: ``In addition 
to the amounts of insurance otherwise provided under this section, an 
eligible member may, upon application, obtain increased coverage beyond 
that provided under this section in the amount of $100,000, or any 
lesser amount evenly divisible by $10,000.''
    Subsec. (f). Pub. L. 104-106, Sec. 646(3), redesignated subsec. (f) 
as (e).
    1994--Subsec. (a). Pub. L. 103-337, Sec. 651(b)(4), inserted ``or 
the first day a member of the Reserves meets the qualifications of 
section 1965(5)(D) of this title,'' after ``section 1965(5)(C) of this 
title,'' in second sentence.
    Subsec. (a)(4). Pub. L. 103-337, Sec. 651(b)(1)-(3), added par. (4).
    1993--Subsec. (f). Pub. L. 103-160 added subsec. (f).
    1992--Subsec. (e). Pub. L. 102-568 added subsec. (e).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 767 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1966'' for 
``766'', ``1965(5)(B)'' for ``765(5)(B)'' in two places, and 
``1965(5)(C)'' for ``765(5)(C)'' in two places.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in introductory provisions and in last sentence.
    Pub. L. 102-25, Sec. 336(a)(1), substituted ``$100,000'' for 
``$50,000'' in two places in concluding provisions.
    Subsec. (b)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-25, Sec. 336(a)(1), substituted ``$100,000'' for 
``$50,000'' in two places.
    Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1966(b)'' 
for ``766(b)'' in par. (2).
    Pub. L. 102-54, Sec. 336(a)(2), substituted ``May 1, 1991'' for 
``January 1, 1986'' wherever appearing and ``$100,000'' for ``$50,000'' 
in introductory provisions.
    1986--Subsec. (b). Pub. L. 99-576, Sec. 701(37)(A), substituted 
``such member'' for ``him'', ``such member'' for ``he'' in three places, 
and ``such member's'' for ``his''.
    Subsec. (c). Pub. L. 99-576, Sec. 701(37)(B)(i), substituted ``such 
member's'' for ``his''.
    Pub. L. 99-576, Sec. 701(37)(B)(ii), which directed that subsec. (c) 
be amended by substituting ``such member'' for ``he'', could not be 
executed, because ``he'' does not appear in text. See 1985 Amendment 
note below.
    1985--Subsec. (a). Pub. L. 99-166, Sec. 401(a)(1), increased the 
amount of insurance to $50,000 from $35,000 and substituted ``an amount 
less than $50,000 that is evenly divisible by $10,000'' for ``the amount 
of $30,000, $25,000, $20,000, $15,000, $10,000, or $5,000''.
    Subsec. (c). Pub. L. 99-166, Sec. 401(a)(2), substituted ``any 
amount less than $50,000, such member may thereafter be insured under 
this subchapter in the amount of $50,000 or any lesser amount evenly 
divisible by $10,000'' for ``the amount of $30,000, $25,000, $20,000, 
$15,000, $10,000, or $5,000, he may thereafter be insured under this 
subchapter or insured in the amount of $35,000, $30,000, $25,000, 
$20,000, $15,000, or $10,000 under this subchapter, as the case may 
be,''.
    Subsec. (d). Pub. L. 99-166, Sec. 401(a)(3), substituted ``January 
1, 1986'' for ``the effective date of this subsection'' wherever 
appearing, and substituted ``in the amount of $50,000 or any lesser 
amount evenly divisible by $10,000'' for ``up to a maximum of $35,000 
(in any amount divisible by $5,000)''.
    1981--Subsec. (a). Pub. L. 97-66, Sec. 401(a)(1), substituted ``in 
the amount of $35,000 unless such member elects in writing (A) not to be 
insured under this subchapter, or (B) to be insured in the amount of 
$30,000, $25,000, $20,000, $15,000, $10,000, or $5,000'' for ``in the 
amount of $20,000 unless such member elects in writing (A) not to be 
insured under this subchapter, or (B) to be insured in the amount of 
$15,000, $10,000, or $5,000''.
    Subsec. (c). Pub. L. 97-66, Sec. 401(a)(2), substituted ``insured in 
the amount of $30,000, $25,000, $20,000, $15,000, $10,000, or $5,000, he 
may thereafter be insured under this subchapter or insured in the amount 
of $35,000, $30,000, $25,000, $20,000, $15,000, or $10,000 under this 
subchapter'' for ``insured in the amount of $15,000, $10,000, or $5,000, 
he may thereafter be insured under this subchapter or insured in the 
amount of $20,000, $15,000, or $10,000 under this subchapter''.
    Subsec. (d). Pub. L. 97-66, Sec. 401(a)(3), added subsec. (d).
    1974--Subsec. (a). Pub. L. 93-289, Sec. 4(1), authorized insurance 
for any member of Ready Reserve who meets qualifications set forth in 
section 765(5)(B) of this title, and any member assigned to, or who upon 
application would be eligible for assignment to, the Retired Reserve who 
meets the qualifications set forth in section 765(5)(C) of this title, 
increased the amount of insurance from $15,000 to $20,000, permitted a 
member to elect to be insured for $15,000, and prescribed the effective 
dates of insurance for members of the Ready Reserve and members of the 
Reserves, whether or not assigned to the Retired Reserves.
    Subsec. (b). Pub. L. 93-289, Sec. 4(2), substituted ``one hundred 
and twenty days'' for ``ninety days'' in three places.
    Subsec. (c). Pub. L. 93-289, Sec. 4(3), inserted provisions 
authorizing members who elected to be insured in amounts of $15,000, 
$10,000, or $5,000 to increase the amount of insurance to $20,000, and 
inserted sentence providing for automatic insurance for former members 
insured under Veterans' Group Life Insurance who decline coverage under 
Servicemen's Group Life Insurance.
    1970--Subsec. (a). Pub. L. 91-291 increased from $10,000 to $15,000 
maximum amount of insurance authorized for members of uniformed services 
and inserted references to active duty for training and inactive duty 
training scheduled in advance by competent authority.
    Subsec. (b). Pub. L. 91-291 added subsec. (b). Former subsec. (b) 
redesignated (c).
    Subsec. (c). Pub. L. 91-291 redesignated former subsec. (b) as 
subsec. (c) and inserted provisions reflecting the increase from $10,000 
to $15,000 in maximum available insurance for members of uniformed 
services.


                    Effective Date of 1996 Amendment

    Section 646 of Pub. L. 104-106 provided that the amendments made by 
that section are effective Apr. 1, 1996.


                    Effective Date of 1993 Amendment

    Section 1175(b) of Pub. L. 103-160 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to amendments to chapter 19 of title 38, United States Code, that take 
effect after November 29, 1992.''


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-568 effective Dec. 1, 1992, see section 205 
of Pub. L. 102-568, set out as an Effective Date note under section 
1922A of this title.


                    Effective Date of 1991 Amendment

    Section 336(c)(1) of Pub. L. 102-25 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to deaths on or after the date of the enactment of this Act [Apr. 6, 
1991].''


                    Effective Date of 1985 Amendment

    Section 401(c) of Pub. L. 99-166, as amended by Pub. L. 99-227, 
Sec. 3, Dec. 28, 1985, 99 Stat. 1745, provided that:
    ``(1) Except as provided in paragraph (2), the amendments made by 
subsections (a) and (b) [amending this section and section 777 [now 
1977] of this title] shall take effect on January 1, 1986.
    ``(2) The amendment made by subsection (a)(1)(A) [amending this 
section] shall be deemed to have taken effect on December 12, 1985, with 
respect to members who--
        ``(A) died after December 11, 1985, and before January 1, 1986; 
    and
        ``(B) were, on the date of death, insured in the amount of 
    $35,000 under subchapter III of chapter 19 of title 38, United 
    States Code.''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-66 effective Dec. 1, 1981, see section 
701(b)(2) of Pub. L. 97-66, set out as a note under section 1114 of this 
title.


                    Effective Date of 1974 Amendment

    Section 12(3) of Pub. L. 93-289 provided that: ``The amendments 
increasing the maximum amount of Servicemen's Group Life Insurance shall 
become effective upon the date of enactment of this Act [May 24, 
1974].''


                    Effective Date of 1970 Amendment

    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.


             Payment of Death Gratuity to SGLI Beneficiaries

    Pub. L. 103-139, title VIII, Sec. 8134, Nov. 11, 1993, 107 Stat. 
1471, required Secretary of Defense to pay death gratuity to each 
beneficiary under Servicemen's Group Life Insurance policy in case of 
each deceased member of uniformed services who died on or after Oct. 29, 
1992, and before Dec. 1, 1992, and whose death was in performance of 
duty.

                  Section Referred to in Other Sections

    This section is referred to in sections 1968, 1977 of this title.
