1. (a) Rights and protections The rights and protections under this subchapter apply to the insured when—

   1. (1) the insured,
   2. (2) the insured’s legal representative, or
   3. (3) the insured’s beneficiary in the case of an insured who is outside a State,

   applies in writing for protection under this subchapter, unless the Secretary of Veterans Affairs determines that the insured’s policy is not entitled to protection under this subchapter.

2. (b) Notification and application The Secretary of Veterans Affairs shall notify the Secretary concerned of the procedures to be used to apply for the protections provided under this subchapter. The applicant shall send the original application to the insurer and a copy to the Secretary of Veterans Affairs.
3. (c) Limitation on amount The total amount of life insurance coverage protection provided by this subchapter for a servicemember may not exceed $250,000, or an amount equal to the Servicemember’s Group Life Insurance maximum limit, whichever is greater, regardless of the number of policies submitted.

(Oct. 17, 1940, ch. 888, title IV, § 402, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2852.)

Editorial Notes

Codification

Section was formerly classified to section 542 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 402 of act Oct. 17, 1940, ch. 888, art. IV, 54 Stat. 1183; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 774; Pub. L. 102–12, § 9(13), Mar. 18, 1991, 105 Stat. 40, related to form of application, reports to Secretary of Veterans Affairs by insurer, and deeming of policy modified upon application for protection, prior to the general amendment of this Act by Pub. L. 108–189. See section 3973 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.