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Veterans Affairs within one year from the date of mailing of notice of the decision of the insurance claims council. Any new and material evidence must be submitted within a period of one year or prior to the consideration of the appeal. Such appeal must be in writing and otherwise comply with the regulations governing appeals to the Administrator. An application for review on appeal filed with the activity which entered the denial which is postmarked prior to the expiration of the one year period will be accepted as having been filed within the time limit. (54 Stat. 1008; 38 U.S.C. 801-818) [As amended Oct. 8, 1940; 6 F.R. 1161]

§ 10.3205 Ratings for insurance benefits not applicable for pension or disability compensation. Since decisions of the insurance claims council determining the existence or non-existence of total or total permanent disability for insurance purposes and decisions of ratings agencies determining the existence or the non-existence of total, or total permanent disability for pension or compensation purposes are based upon distinctly dissimilar standards, it follows that the former cannot be determinative for pension or compensation purposes and the latter cannot be determinative for insurance purposes. (54 Stat. 1008; 38 U.S.C. 801-818) [As amended Oct. 8, 1940; 6 F.R. 11611

REGULATIONS IN ACCORDANCE WITH THE

PROVISIONS OF SECTION 401 OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

AUTHORITY: §§ 10.3300 to 10.3316, inclusive, issued under secs. 400-414, 54 Stat. 1183; 50 App. U.S.C. 540-554.

SOURCE: §§ 10.3300 to 10.3316, inclusive, contained in Regulations, Administrator, Oct. 17, 1940; 6 F.R. 128, except for amendments noted in brackets following sections affected.

§ 10.3300 Form of application for benefits. In accordance with the provisions of section 401 of the Soldiers' and Sailors' Civil Relief Act of 1940, the form of application for benefits to be executed by a person in the active military service, who is the holder of a policy of life insurance, is hereby prescribed as follows:

Veterans Administration.
Insurance Service Form 380.

APPLICATION FOR BENEFITS

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF

1940

Use an application (and copy) for each insurance policy, or certificate of membership, to be brought under the provisions of the Act. Send this application to the insurance company, association, or society.

Send copy of application to the Veterans. Administration, Washington, D. C.

То

Address

Face value of insurance $-
Effective date of insurance
Policy number ---.

I, the insured under the above identified policy issued by the above named insurer, do hereby make application to have said policy protected in accordance with the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 and to that end I do hereby consent and agree to such modifications of the terms of the policy as are made necessary by the provisions of the Act; with the understanding that the insurer (company or association), by receiving and filing this application, shall be deemed to have assented thereto, to the extent, if any, to which the policy is within the provisions of the Act.

1. Name of insured 2. Home address

(Address to which premium notices are sent)

3. Date of birth__ 4. Place of birth

5. Date of last entrance into active service 6. Identification number

Branch of Service: Army Navy Marine
Corps Coast Guard

7. Due date of last premium paid on policy

8. Name and address of office or person to whom paid..........

9. Next premium will be due and payable

on

10. For period of

(State whether weekly, monthly, quarterly, semiannually or annually) 11. Is there any indebtedness on this policy due the insurer? Answer ("Yes" or "No") If "Yes", give date of

last loan

... and amount $-----to the best of your information and belief.

12. Is the policy pledged or assigned to any person, firm, corporation, etc., other than the insurer, as security for an indebtedness? Answer ("Yes" or "No") If "Yes", give the date ---

amount $. ---, and name and address of assignee.

13. Give the name and address of person, firm, corporation, etc., who is now in possession of the policy

14. Have you made a similar application to have another policy (or policies) protected by the provision of the Act? Answer ("Yes" or "No")

If

"Yes", give the following information about each policy.

Name of insurer

Amount of insurance

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Rank Organization Rank Organization

This application must be witnessed by the insured's Commanding Officer, or by a commissioned officer of equal or higher rank than the insured. If insured is on detached service, the application may be witnessed by the person who has custody of the insured's service record.

§ 10.3301 Form of report by insurer. In accordance with the provisions of section 401 of the Soldiers' and Sailors' Civil Relief Act of 1940, a report by the insurer of the receipt and filing of an application for benefits made by the insured will be executed and delivered to the Veterans Administration in form and substance as follows:

Veterans Administration.
Insurance Service Form 381.

REPORT BY INSURER

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF

1940

A report in duplicate on each policy will be made by the insurer to the Veterans Administration, Insurance Service, Washington, D. C., immediately upon receipt of an application from the insured.

From:

Address:

To: Veterans Administration, Insurance Service, Washington, D. C. The insurer hereby reports the receipt of an application from the insured for protection of his policy under the provisions of Article IV of the Soldiers' and Sailors' Civil Relief Act of 1940.

1. Date of insured's application_ 2. Date received by insurer.

3. Name of insured..

4. Home address

5. Effective date of insurance.

6. Policy number

7. Date of birth_

8. Place of birth_

9. Plan of insurance_

10. Face value of insurance

11. Age at issue___

12. Amount of premium $_

13. Due date of last premium paid on policy

14. Next premium will be payable on----

15. For period of (State whether weekly, monthly, quarterly, semiannually, or annually)

16. A statement of premiums, if any, more than thirty-one days in arrears at date of insured's application, with interest calculated to include date of application, is as follows:

17. A statement of the cash surrender value, on the basis of a policy free of indebtedness, as of the date of insured's application, is as follows:

18. A statement of all indebtedness, if any, due the insurer under this policy, with interest calculated to include date of insured's application, is as follows: 19. If it appears that the policy has been assigned to a person, firm, or corporation, other than the insurer, please give a complete statement of the facts as shown by the records of your office. 20. Does the policy (certificate of membership, constitution, or by-laws of the organization) contain any provision regarding service by the insured with the military or naval forces of the United States? Answer ("Yes" or "No"). If "Yes", please attach hereto a copy of the provision unless a copy has already been furnished to the Veterans Administration.

21. What information does the insurer have about present whereabouts of policy? The insurer hereby certifies the above to be a correct statement regarding the policy as shown on the records at its principal office or place where such records are maintained.

It is understood and agreed that the insurer, by receiving and filing the application made by the insured, shall be deemed to have assented thereto, to the extent, if any, to which the policy is within the provisions of the Act. Further it is understood and agreed that the United States shall have a first lien upon the policy while it is receiving the benefits of the Act, subject only to any lien existing at the time of insured's application. No loan or settlement or payment of dividend shall be made by the insurer on such policy which may prejudice the security of the lien. Before any dividend is paid or any loan or settlement is made while the policy is within the provisions of the Act, the written consent of the Veterans Administration must be obtained. Signed at..

194__.

this

(Name of company, association, or organization) By

(Name and official capacity)

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§10.3301 Form of report by insurer. In accordance with the provisions of section 401 of the Soldiers' and Sailors' Civil Relief Act of 1940, a report by the insurer of the receipt and filing of an application for benefits made by the insured will be executed and delivered to the Vet

erans Administration in form and substance as follows:

Veterans Administration
Insurance Form 381

Revised June 1941

REPORT BY INSURER

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

A report on each policy will be made by the insurer to the Veterans Administration, Insurance Service, Washington, D. C., immediately upon receipt of an application from the insured.

From:

Name and address of company:

To: Veterans Administration, Insurance Service, Washington, D. C. The insurer hereby reports the receipt of an application from the insured for protection of his policy under the provisions of Article IV of the Soldiers' and Sailors' Civil Relief Act of 1940.

1. Date of insured's application:

2. Date received by insurer:

3. Policy No.

4. Name of insured:

5. Home address:

6. Effective date of insurance:

7. Face amount of insurance, $

8. Date of birth:

20. Is the premium on this policy (exclusive of double indemnity or total disability rider) at the standard rate as published by the insurer? (Answer "Yes" or "No.") If "No," give facts about the additional premium:

21. What information does the insurer have about present whereabouts of policy? The insurer hereby certifies the above to be a correct statement regarding the policy as shown on the records at its principal office or place where such records are maintained.

It is understood and agreed that the insurer, by receiving and filing the application made by the insured, shall be deemed to have assented thereto, to the extent, if any, to which the policy is within the provisions of the act. Further, it is understood and agreed that the United States shall have a first lien upon the policy while it is receiving the benefits of the act, subject only to any lien existing at the time of insured's application. No loan or settlement or payment of dividend shall be made by the insurer on such policy which may prejudice the security of the lien. Before any dividend is paid or any loan or settlement is made while the policy is within the provisions of the act, the written consent of the Veterans Administration must be obtained. Signed at

19

this

(Name of company, association, or organization)

9. Place of birth:

10. Plan of insurance:

11. Age at issue:

12. Amount of annual premium, $

13. Due date of last premium paid on policy: 14. Due date of first premium to be protected under Article IV:

15. If application for insurance was signed subsequent to October 17, 1940, give the date on which contract was made and first premium paid:

16. A statement of the cash surrender value on the basis of a policy free of indebtedness, as of the date of the insured's application, is as follows:

17. A statement of all indebtedness, if any, due the insurer under this policy, with interest calculated to include date of insured's application, is as follows: 18. If it appears that the policy has been assigned to a person, firm, or corporation other than the insurer, give a statement of the facts as shown by the records of your office.

19. Does the policy contain any provision regarding service by the insured with the military or naval forces of the United States, travel or residence in the tropics or in foreign countries; or any restriction or limitation of coverage in event the insured engages in aviation, submarine service or any other specified hazardous duty, occupation, or activity? (Answer "Yes" or "No.") If "Yes," attach hereto a copy of the provision unless a copy has already been furnished to the Veterans Administration.

By

(Name and official capacity)

[As amended June 18, 1941; 6 F.R. 3011] § 10.3302 Form of certificate.

THE UNITED STATES OF AMERICA

CERTIFICATE ISSUED UNDER AUTHORITY OF ARTICLE IV, SECTION 407, OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

Issued to the insurer, in the amount dollars, bearing interest at the rate of three per centum per annum from the effective date of this Certificate.

This certificate representing premiums on policies entered on the monthly difference report for the month of issue, shall be redeemable by the United States of America subject to the provisions of Article IV of the Soldiers' and Sailors' Civil Relief Act of 1940 (Public No. 861, 76th Congress, 3d Session).

This Certificate shall not be transferred except with the approval of the Administrator of Veterans' Affairs, and shall remain with the insurer until settlement is made in accordance with the Act.

Issued in the City of Washington, District of Columbia, effective as of the day of 194__.

-----

FRANK T. HINES, Administrator of Veterans Affairs.

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§ 10.3303 The insured. The term "insured" includes any person on active duty with the military and naval forces of the United States (including Coast Guard Service) who is the insured under, and the owner of, a policy as hereinafter defined. The term "holder" shall mean the insured under a policy who has an interest in the policy.

(a) The phrase "persons in military service" as used in section 401 and amplified by the definition of the term "persons in military service", and the term "period of military service", in section 101, (1) and (2), Article I, shall include any person certified by the War Department, the Navy Department, or the Coast Guard Service as being on active duty with the land and naval forces of the United States. A statement over the signature of the commanding officer or a commissioned officer of equal or higher rank than the insured, on the application by the insured, may be accepted as a certification. If the insured is on detached service, the application may be witnessed by the person who has custody of the insured's service record. (See § 10.3308 (a))

§ 10.3304 The policy. The term "policy" includes any contract of life insurance on the level premium or legal reserve plan, and any benefit in the nature of life insurance arising out of membership in any fraternal or beneficial association, on which a premium was paid before date of approval of the Act or not less than thirty days before entry on active duty, and is not void or voidable by reason of military service (including any limitation or restriction upon the insured's engaging in or pursuing certain types of activities which a person might be required to engage in by virtue of his being in the military service). Policies of United States Government life insurance and National Service Life Insurance are not included within the provisions of the Act. [As amended Oct. 17, 1940; 6 F.R. 2505]

NOTE: The preamble to 10.3304 was amended by including the parenthetical material set forth above at the end of the first sentence, Oct. 17, 1940; 6 F.R. 2505.

(a) The provisions of the Act shall not apply to a policy which would be void or voidable on account of the mili

tary or naval service of the insured; nor to a policy under which the death benefit would not be payable or the amount of the death benefit would be reduced in event of death while in the military or naval service. Any provision in a policy that may limit or eliminate a benefit other than the death benefit, shall not, because of such provision, place the policy outside the protection of the Act if the death benefit under the policy is not altered in any way by the fact that the insured is in the military or naval service. A policy that requires the payment of an additional amount as premium by reason of the fact that the insured is in the military or naval service, such premium to be paid only by those in such service, will not be entitled to the protection afforded by the Act.

(b) A policy may not be brought under the protection of the Act if it is subject to a loan or other indebtedness equal to or greater than fifty per centum of the cash surrender value.

(c) The provisions of the Act are not applicable to insurance in excess of $5,000 on the life of one insured, and a policy (or policies) for a face value exceeding that amount will be divided at the request of the Veterans Administration; however, this shall not delay insurance of the face value of $5,000 from receiving the protection afforded policies under the Act, because of administrative procedure or any difficulties encountered in procuring possession of an outstanding policy. If applications are made by an insured on policies exceeding a face value of $5,000 (one or more policies with one or more insurers), without indicating a preference, the Veterans Administration will reject the policy (or policies) having the lesser cash surrender value, and may direct an insurer to divide the insurance into two policies.

(d) An annuity contract, if it provides payment of a substantial death benefit in the nature of life insurance, may be included within the provisions of the Act if otherwise eligible. Group insurance carried through or by the means of an association, will not be included unless an individual and separate contract of insurance is completely released to the insured and thereafter comes within the provisions of the Act as a policy.

(e) The term "face value" will mean the amount of insurance payable only as a death benefit as stated on the face of the policy, or if not so stated it will mean the commuted value of the installments payable as a death benefit, calculated in accordance with the terms of the policy, on the hypothesis of the death of insured as of the date of application for protection under this Act: Provided, That any indebtedness, or any extra benefits (such as double indemnity, paid-up additions, etc.,) that may be added to or taken from the amount payable as the death benefit, will not be used in calculating the face value of a policy.

§ 10.3305 The premium. The term "premium" includes the amount specified in the policy to be paid by the insured at regular intervals, and membership dues or assessments in an association.

(a) The premium on a policy will be calculated on an annual basis, and if the annual premium is not stated on the policy, the insurer will make a calculation of the premiums for payment in advance and discounted at not less than 32 per centum, subject to approval by the Veterans Administration.

(b) The automatic loan provision or other such benefit in a policy shall not operate to avoid the provisions of the Act in relation to any premium that became payable not more than thirty-one days prior to date of application, and thereafter while policy is protected by the provisions of the Act.

(c) The phrase "contracts of insurance in force under their terms" as used in section 402 will mean a policy in force under premium paying conditions at time of application by the insured, or on which a premium is not more than thirty-one days in arrears: Provided, a policy on which premiums are due and unpaid for a period of not more than one year, at the time of application, if reinstated by the insurer and placed in force under premium paying conditions, may be brought within the provisions of the Act if otherwise eligible.

§ 10.3306 The insurer. The term "insurer" includes any corporation, partnership, or other form of association which secures or provides insurance under a policy, and is required by law to

maintain a reserve, or has made provision for collecting from all persons insured a premium to cover the special war risk of those in the military service.

(a) The provisions of section 414 will apply only to insurance companies or associations which are authorized by the laws of the United States or any State thereof, to grant and issue a policy and are subject to the jurisdiction of the Courts of the several States and the United States.

§ 10.3307 Calculation of values. (a) The term "cash surrender value" as used in section 402 shall be that amount which the insured would have been entitled to receive, on a policy free of indebtedness, upon complete surrender of all rights under the policy as of the date of application for benefits of the Act.

(b) The term "cash surrender value" as used in section 410 and section 411 will include dividend accumulations, the value of any paid-up additions, and other amounts that would have been available to the insured upon complete surrender of all rights under the policy.

(c) The term "indebtedness" will include any loan, lien, or other obligation under the policy due by the insured that would be deducted by the insurer at the time of making settlement under the policy as a death claim.

(d) The use of the terms "interest" and "rate of interest" will follow the usual practice and procedure of the insurer but the rate of interest shall not exceed the rate fixed for policy loans. If no rate of interest on indebtedness is specifically fixed in the policy, the rate shall be the rate fixed for policy loans in other policies issued by the insurer at the time the policy brought under the Act was issued. Any rate of interest not specifically fixed in the policy will be subject to approval by the Veterans Administration.

§ 10.3308 Application. The provisions of the Act will be available only upon application as to each policy made by the insured on a form prescribed by the Veterans Administration. The form will set forth that the application therein made is a consent by the insured to such modifications of the terms of the contract of insurance as are made necessary by the provisions of the Act, and the insurer by receiving and filing the application,

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