38 CFR 8.4 - Deduction of insurance premiums from compensation, retirement pay, or pension.

§ 8.4 Deduction of insurance premiums from compensation, retirement pay, or pension.

The insured under a National Service life insurance policy which is not lapsed may authorize the monthly deduction of premiums from disability compensation, death compensation, dependency and indemnity compensation, retirement pay, disability pension, or death pension that may be due and payable to him under any laws administered by the Department of Veterans Affairs in accordance with the following provisions.

(a) The authorization may be made by an insured or the insured's legal representative. If the authorization is made by the insured's legal representative, it must be in writing over the signature of the representative and forwarded to the Department of Veterans Affairs along with a copy of the document which evidences the individual's authority to act on behalf of the insured. If an insured is incompetent and has no legal representative and has a spouse to whom benefits are being paid pursuant to Part 13 of this chapter, the spouse may authorize payment of insurance premiums through the deduction system. If an insured is incompetent and has no legal representative and an institutional award has been made in his or her behalf, the authorization may be executed by the Director of the field facility in which the insured is hospitalized or receiving domiciliary care, and in appropriate cases by the chief officers of State hospitals or other institutions to whom similar awards may have been approved.

(b) The monthly disability compensation, death compensation, dependency and indemnity compensation, retirement pay, disability pension, or death pension so due and payable must be equal to, or in excess of, the amount of the insurance premium figured on a monthly basis.

(c) The authorization may be cancelled by the insured at any time. Such cancellation will be effective on the first day of the month following the month in which it is received by the Department of Veterans Affairs.

(d) If the benefits payable to the insured are apportioned under the regulations of the Department of Veterans Affairs now in effect or hereafter issued, the deduction authorized by the insured shall be from that portion awarded to the insured under such regulations.

(e) The deduction authorized by a policyholder issued insurance under 38 U.S.C. 1925 will be automatically adjusted by the Department of Veterans Affairs to take cognizance of any premium adjustment made by the Secretary on such insurance provided the benefit payments due and payable to the insured are of an amount sufficient to pay the monthly insurance premium.

(Authority: 38 U.S.C. 1908)
[ 13 FR 7110, Nov. 27, 1948, as amended at 14 FR 5241, Aug. 24, 1949; 24 FR 7327, Sept. 9, 1959; 28 FR 1542, Feb. 19, 1963; 30 FR 3645, Mar. 19, 1965; 54 FR 46231, Nov. 2, 1989. Redesignated and amended at 61 FR 29290, 29291, June 10, 1996. Redesignated at 65 FR 7437, Feb. 15, 2000]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 38 - VETERANS’ BENEFITS

§ 107 note - Certain service deemed not to be active service

§ 210

§ 701 - Placement of employees in military installations

§ 724

§ 725 - Annual performance plan for political appointees

§ 781

§ 788

§ 797

§ 808

§ 1901 - Definitions

§ 1902 - Premium rates and policy values

§ 1903 - Amount of insurance

§ 1904 - Plans of insurance

§ 1905 - Renewal

§ 1906 - Policy provisions

§ 1907 - Payment or use of dividends

§ 1908 - Premium payments

§ 1909 - Effective date of insurance

§ 1910 - Incontestability

§ 1911 - Forfeiture

§ 1912 - Total disability waiver

§ 1913 - Death before six months’ total disability

§ 1914 - Statutory total disabilities

§ 1915 - Total disability income provision

§ 1916 - Insurance which matured before August 1, 1946

§ 1917 - Insurance maturing on or after August 1, 1946

§ 1918 - Assignments

§ 1919 - National Service Life Insurance appropriation

§ 1920 - National Service Life Insurance Fund

§ 1921 - Extra hazard costs

§ 1922 - Service disabled veterans’ insurance

§ 1922A - Supplemental service disabled veterans’ insurance for totally disabled veterans

§ 1923 - Veterans’ Special Life Insurance

§ 1924 - In-service waiver of premiums

§ 1925 - Limited period for acquiring insurance

§ 1926 - Authority for higher interest rates for amounts payable to beneficiaries

§ 1927 - Authority for higher monthly installments payable to certain annuitants

§ 1928 - Authority for payment of interest on settlements

§ 1929 - Authority to adjust premium discount rates

§ 3101 - Definitions

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