
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1980]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
                          CHAPTER 19--INSURANCE
 
          SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE
 
Sec. 1980. Option to receive accelerated death benefit

    (a) For the purpose of this section, a person shall be considered to 
be terminally ill if the person has a medical prognosis such that the 
life expectancy of the person is less than a period prescribed by the 
Secretary. The maximum length of such period may not exceed 12 months.
    (b)(1) A terminally ill person insured under Servicemembers' Group 
Life Insurance or Veterans' Group Life Insurance may elect to receive in 
a lump-sum payment a portion of the face value of the insurance as an 
accelerated death benefit reduced by an amount necessary to assure that 
there is no increase in the actuarial value of the benefit paid, as 
determined by the Secretary.
    (2) The Secretary shall prescribe the maximum amount of the 
accelerated death benefit available under this section that the 
Secretary finds to be administratively practicable and actuarially 
sound, but in no event may the amount of the benefit exceed the amount 
equal to 50 percent of the face value of the person's insurance in force 
on the date the election of the person to receive the benefit is 
approved.
    (3) A person making an election under this section may elect to 
receive an amount that is less than the maximum amount prescribed under 
paragraph (2). The Secretary shall prescribe the increments in which a 
reduced amount under this paragraph may be elected.
    (c) The portion of the face value of insurance which is not paid in 
a lump sum as an accelerated death benefit under this section shall 
remain payable in accordance with the provisions of this chapter.
    (d) Deductions under section 1969 of this title and premiums under 
section 1977(c) of this title shall be reduced, in a manner consistent 
with the percentage reduction in the face value of the insurance as a 
result of payment of an accelerated death benefit under this section, 
effective with respect to any amounts which would otherwise become due 
on or after the date of payment under this section.
    (e) The Secretary shall prescribe regulations to carry out this 
section. Such regulations shall include provisions regarding--
        (1) the form and manner in which an application for an election 
    under this section shall be made; and
        (2) the procedures under which any such application shall be 
    considered.

    (f)(1) An election to receive a benefit under this section shall be 
irrevocable.
    (2) A person may not make more than one election under this section, 
even if the election of the person is to receive less than the maximum 
amount of the benefit available to the person under this section.
    (g) If a person insured under Servicemembers' Group Life Insurance 
elects to receive a benefit under this section and the person's 
Servicemembers' Group Life Insurance is thereafter converted to 
Veterans' Group Life Insurance as provided in section 1968(b) of this 
title, the amount of the benefit paid under this section shall reduce 
the amount of Veterans' Group Life Insurance available to the person 
under section 1977(a) of this title.
    (h) Notwithstanding any other provision of law, the amount of the 
accelerated death benefit received by a person under this section shall 
not be considered income or resources for purposes of determining 
eligibility for or the amount of benefits under any Federal or 
federally-assisted program or for any other purpose.

(Added Pub. L. 105-368, title III, Sec. 302(a)(1), Nov. 11, 1998, 112 
Stat. 3332.)


                             Effective Date

    Section effective 90 days after Nov. 11, 1998, see section 302(c) of 
Pub. L. 105-368, set out as an Effective Date of 1998 Amendment note 
under section 1970 of this title.
