[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)] [Rules and Regulations] [Pages 29025-29027] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-14367] ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 7 RIN 2900-AH53 Soldiers' and Sailors' Civil Relief AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document amends the Department of Veterans Affairs (VA) regulations captioned ``Soldiers' and Sailors' Civil Relief'' which were established under the Soldiers' and [[Page 29026]] Sailors' Civil Relief Act of 1940, as amended (50 U.S.C. app. 511 et seq.). It deletes provisions that became obsolete because they were superseded by subsequent amendments to that Act. It also eliminates regulations that merely restate provisions of the Act and amendments thereto. Other provisions are rewritten for purpose of clarification. EFFECTIVE DATE: June 7, 1996. FOR FURTHER INFORMATION CONTACT: George Poole, Chief, Insurance Program Administration, Department of Veterans Affairs Regional Office and Insurance Center, P.O. Box 8079, Philadelphia, Pennsylvania 19101, (215) 951-5718. SUPPLEMENTARY INFORMATION: This final rule consists of nonsubstantive changes and, therefore, is not subject to the notice-and-comment and effective-date provisions of 5 U.S.C. 553. The Secretary of Veterans Affairs hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This final rule will not affect any entity since it does not contain any substantive provisions. Therefore, pursuant to 5 U.S.C. 605(b), this amendment is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. The Catalog of Federal Domestic Assistance Program number for these regulations is 64.103. List of Subjects in 38 CFR Part 7 Life insurance, Military personnel. Approved: May 31, 1996. Jesse Brown, Secretary of Veterans Affairs. For the reasons set out in the preamble, 38 CFR part 7 is amended as set forth below: PART 7--SOLDIERS' AND SAILORS' CIVIL RELIEF 1. The authority citation for part 7 is revised to read as follows: Authority: 50 U.S.C. app. 511, 540-547, unless otherwise noted. Secs. 7.2 through 7.16, 7.23 through 7.25, 7.28, 7.30 through 7.32 and 7.34 [Removed] 2. Sections 7.2 through 7.16, 7.23 through 7.25, 7.28, 7.30 through 7.32, and 7.34 are removed. Secs. 7.20 through 7.22, 7.26, 7.27, 7.29 and 7.33 [Redesignated as 7.2--7.8] 3. Sections 7.20 through 7.22, 7.26, 7.27, 7.29, and 7.33 are redesignated as Secs. 7.2 through 7.8, respectively. 4. Newly redesignated Sec. 7.2 is revised to read as follows: Sec. 7.2 Certification of military service. (a) A statement over the signature of the Commanding Officer or a commissioned officer of equal or higher rank than the insured, on the insured's application, may be accepted as a certification that the insured is a person in the military service. (b) If the insured is unavailable because of service, the application may be certified by the person who has custody of the insured's service record. (c) If an application is submitted by a person designated by the insured or by the insured's beneficiary, the Department of Veterans Affairs will obtain from the service department evidence that the insured is a person in the military service. (Authority 50 U.S.C. app. 547) Sec. 7.3 [Amended] 5. In newly redesignated Sec. 7.3, the introductory text and paragraph (b) are removed; paragraphs (c) and (d) are redesignated as paragraphs (b) and (c), respectively; and newly redesignated paragraph (c) is amended by removing ``and if a policy provides for installment payments as a death benefit they will be calculated in accordance with the terms of the policy on the hypothesis of the death of the insured on the due date of the first premium to be guaranteed by the Government:'' and adding, in its place, ``;'' immediately after the word ``benefit.'' 6. In newly redesignated Sec. 7.4, paragraph (a) is amended by removing ``percentum'' and adding, in its place, ``percent''; paragraph (c) is removed; this section is further amended by revising the introductory text and paragraph (b) to read as follows: Sec. 7.4 The premium. The term premium as defined under 50 U.S.C. app. 540(b) shall include membership dues and assessments in an association. * * * * * (b) Premiums will not be guaranteed for benefits additional to the primary death benefit if, when combined with the amount of the primary death benefit, the total benefit would result in a payment in excess of $10,000 or if liability for such benefits is excluded or restricted by military service or any activity which the insured may be called upon to perform in connection with military service. In the event that premiums for the primary and additional benefits are not separable under the terms of the policy the entire policy will be guaranteed, if the policy is otherwise eligible for protection under the law. 7. In newly redesigned Sec. 7.5 paragraphs (b) and (d) are removed; paragraph (c) is redesignated as paragraph (b); newly redesignated paragraph (b) is amended by removing ``at Washington DC, on the form prescribed for that purpose, VA-Form 9-381 (as revised)'' and adding, in its place, ``Regional Office and Insurance Center at Philadelphia, Pennsylvania''; and paragraph (a) is revised to read as follows: Sec. 7.5 Application. (a) The benefits of the Act are not available except upon application. The insured may designate any person, firm, or corporation to submit an application on his or her behalf. The designation must be in writing, signed by the insured and attached to the application. * * * * * Sec. 7.6 [Amended] 8. In newly redesignated Sec. 7.6, the first sentence of the introductory text is amended by removing ``, but this guarantee will not extend for more than two years after the date when the act ceases to be in force''. 9. In newly redesignated Sec. 7.7, paragraphs (a), (c) and (e) are removed; paragraphs (b) and (d) are redesignated as paragraphs (a) and (b), respectively; newly redesignated paragraph (a) is amended by removing ``(section 405, Soldiers'' and Sailors' Civil Relief Act Amendments of 1942),'' and adding, in its place,'' (SSCRA, as amended)''; and newly redesignated paragraph (b) is revised to read as follows: Sec. 7.7 Maturity. * * * * * (b) Upon the expiration of the period of protection, the insurer will submit to the Department of Veterans Affairs a complete statement of the account on each policy, which will show the amount of indebtedness by reason of the premiums with interest and the credits, if any, then available and will be subject to audit and approval by the Department of Veterans Affairs. The statement of account will include the rate of interest charged on all indebtedness, the date of debit and credit entries, and such other information as may be deemed necessary in making an audit of the account. 10. Newly redesignated Sec. 7.8 is revised to read as follows: Sec. 7.8 Beneficiary or assignee. The consent of a beneficiary, assignee, or any other person who may have a right or interest in the proceeds of the [[Page 29027]] policy is not a prerequisite for placing a policy under the protection of the Act. [FR Doc. 96-14367 Filed 6-6-96; 8:45 am] BILLING CODE 8320-01-P