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convertible term insurance may not be

renewed after the insured's fiftieth birthfing

day. The renewal of insurance under be this paragraph shall be effective as of hitz the day following the expiration of the PET preceding term period, and the premium of for such renewed insurance will be at dded: the applicable level premium term rate ITCIT for the attained age of the insured on o I that day. The premiums on the insurof te: ance renewed under this paragraph shall Ener: continue to be waived while the insured of a continues in active service and for 120 20 days after separation therefrom.

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with right of replacement pursuant to
the provisions of section 5 of the Service-
men's Indemnity Act of 1951, section 623
of the National Service Life Insurance
Act or section 781 of Title 38, United
States Code, upon written request there-
for and upon complete surrender of the
insurance with all claims thereunder.
(24 F.R. 7333, Sept. 11, 1959)
APPLICATIONS FOR GOVERNMENT LIFE IN-

SURANCE UNDER SECTION 623, NATIONAL
SERVICE LIFE INSURANCE ACT, MADE BY
PERSON IN ACTIVE SERVICE ON JANUARY
1, 1957, BUT FILED PRIOR TO THAT DATE

[REVOKED] § 8.115 Applications for National Serv.

ice life insurance and United States Government life insurance under section 623, of the National Service Life Insurance Act, which are made by persons in the active service on January 1, 1957, but filed prior to that date. [Revoked, 24 F.R. 7333,

Sept. 11, 1959) NATIONAL SERVICE LIFE INSURANCE GRANT

ED UNDER SECTION 722(b) OF TITLE 38,

UNITED STATES CODE (ADDED] § 8.116 National Service life insurance

granted under section 722(b) of

Title 38, United States Code. (a) Any person who is shown by evidence satisfactory to the Administrator to have been eligible to be granted National Service life insurance, on or after April 25, 1951, under the provisions of section 620 of the National Service Life Insurance Act or section 722(a) of Title 38, United States Code, but who died without a valid application having been filed for such insurance shall be deemed to have applied for and to have been granted such insurance as of the date of death, in an amount which, together with any other National Service life insurance or United States Government life insurance in force or servicemen's indemnity, shall aggregate $10,000 provided the following conditions are met:

(1) Such person is determined to have been mentally incompetent from a service-connected disability, (i) at the time of release from active service, or (ii) during any part of the one year period from the date such person is first determined by the Veterans Administration, by a rating made subsequent to discharge, to be suffering from a serviceconnected disability, or (iii) after release from active service but is not rated service-connected disabled by the Veter

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(j) If waiver of premiums is granted under section 602 (n) of the National Service Life Insurance Act, as amended, or section 712 of Title 38, United States Code, while premiums are being waived under this section, waiver under this section will be suspended. If the insured is otherwise entitled, upon termination of waiver under section 602 (n) or section 712, waiver of premiums under this section will be resumed for the remainder of the insured's continuous active service and for 120 days thereafter.

(k) Waiver of premiums under this section shall not include the premiums due and payable on the total disability income provision attached to such National Service life insurance policy.

(1) During any period waiver of premium is effective under this section, the insurance shall be nonparticipating.

(m) A 5-year level premium term or limited convertible term policy on which premiums have been waived under this section during any portion of the term period shall have no reserve value.

CODIFICATION: In $ 8.113, the headnote and paragraphs (d), (e), (1), (k), (1), and (m) were amended, 24 F.R. 22, Jan. 1, 1959. SURRENDER UNDER SECTION 5 OF PUBLIC

LAW 23, 82D CONGRESS, OF PERMANENT
PLAN POLICIES IN FORCE LESS THAN ONE

YEAR (REVISED) & 8.114 Surrender of permanent plan

policies of National Service life insurance, in force for less than 1 year, under the provisions of section 5,

Servicemen's Indemnity Act of 1951. A permanent plan policy of National Service life insurance in force for less than 1 year by payment or waiver of premiums shall not have a cash value. Such a policy which was not lapsed could be surrendered by the insured while in active service prior to January 1, 1957,

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46050-60

11

Page 145 ans Administration until after death, and

(2) Such person is determined to have remained continuously so mentally incompetent, (i) from the date of release from active service until date of death, or (ii) from the date such person is determined to have been mentally incompetent during the one year period until date of death, or (iii) if not rated until after death, from the date the mental incompetency began until date of death, and

(3) Such person is shown to have died before the appointment of a guardian or within one year after the appointment of a guardian. The date to be used for determining whether such person was insurable according to the standards of good health established by the Administrator, except for the service-connected disability or disabilities, shall be the date of release from active service or the date the person became mentally incompetent, which ever is the later.

(b) Written application for payment of insurance granted under section 722(b) of Title 38, United States Code, must be filed with the Veterans Administration by person or persons initially entitled to such payment, within two years after the date of death of the insured or before January 1, 1961, whichever is the later: Provided, That if the person initially entitled fails to file valid application and dies (or remarries, if such person is the insured's spouse) within the two-year period, the beneficiary next entitled has the right to file application within such period: Provided further, That if the person entitled to file application is shown to have been mentally or legally incompetent at the time the right to file application for such death benefits expires, application may be made at any time within one year after the removal of such disability. The death of the insured, the relationship and age of the claimant as of the date of death of the insured, must be established.

(c) Insurance granted under section 722(b) shall be payable only to the following permitted class of beneficiaries and in the order named

(1) Widow (widower) of the insured (lawful spouse of the insured at the maturity of the insurance), if living and while unremarried.

(2) Child or children of the insured (legitimate and adopted child), if living, in equal shares.

(3) Parent or parents who last bore such relationship to the insured (including a parent by adoption and persons who stood in loco parentis to the insured for a period of not less than one year at any time prior to entry into active service), if living, in equal shares.

(d) Insurance granted under section 722(b) shall be payable at the election of the first beneficiary as follows:

(1) In 240 equal monthly installments at the rate of $5.16 per month for each $1,000 of insurance, but, if the first beneficiary dies (or remarries, if the first beneficiary is the insured's spouse) before 240 monthly installments have been paid, the remaining unpaid monthly installments will be payable to the beneficiary or beneficiaries next entitled within the permitted class, or

(2) In equal monthly installments for the life of the first beneficiary in accordance with the table of monthly installments set forth in option 3 of $ 8.80, but, if such beneficiary dies (or remarries, if the first beneficiary is the insured's spouse) before 120 installments certain have been paid, the remaining unpaid monthly installments certain will be payable to the beneficiary or beneficiaries next entitled within the permitted class, or

(3) As a refund life income in monthly installments, as set forth in the table under option 4 of $ 8.80 payable throughout the lifetime of the first beneficiary, but, if such beneficiary dies (or remarries, if the first beneficiary is the insured's spouse) before payment of the number of installments certain, as provided in such table, the remaining unpaid monthly installments payable for such period certain as may be required in order that the sum of the installments certain (including a last installment of such reduced amount as may be necessary) shall equal the face value of the insurance less any indebtedness, will be payable to the beneficiary or beneficiaries next entitled within the permitted class. The law does not authorize settlement under this option in any case in which less than 120 installments may be paid.

(e) A change in the mode of settlement is not authorized in any case in which payment has commenced, and

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Sec. 12.9 Rights of designate; sales instruc

tlon; transportation chargos.

(Amended] § 12.4 Disposition of effects and fund to designate; exceptions. *

(b) When authorized by the Manager or his designated representative, the effects will be delivered or shipped to the designate. If shipped at Government expense, the shipment shall be made in the most economical manner but in no case at a cost in excess of $25. If such expenses will exceed $25, the excess amount shall be paid by the consignee, either to the Manager in advance or to the carrier if it accepts the shipment without full prepayment of charges. There will be no obligation on the Government, initially or otherwise, to pay such expenses in excess of $25. [Paragraph (b) amended, 23 F. R. 5, Jan. 1, 1958]

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settlement under any one of the options shall be in full and complete discharge of all liability.

(f) Upon filing of a valid application and submission of the required proof by the beneficiary first entitled to payment of insurance granted under section 722 (b), the monthly installments without interest, which have accrued since the death of the insured (the first installment being due on the date of death of the insured) and the monthly installments which thereafter become payable shall be paid to the beneficiary or beneficiaries entitled. Upon due proof of death of the first beneficiary after payment has been made of at least one installment of insurance granted under section 722(b), the remaining unpaid monthly installments certain in the same amount shall be paid to the person or persons next entitled as beneficiary until all installments certain have been paid.

(g) The right of any beneficiary to payment of any installments shall be conditioned upon his or her being alive to receive such payment. No person shall have a vested right to any installment or installments of insurance granted under section 722(b) and no installment of such insurance shall be paid to the heirs, creditors, or legal representatives as such of the insured or of any beneficiary except as provided in $ 8.60. If no person within the permitted class of beneficiaries survives to receive the insurance or any part thereof, no payment of the unpaid installments shall be made.

(h) All payments of National Service life insurance granted under section 722(b) shall be made directly from the Service-Disabled Veterans' Insurance Fund in the Treasury of the United States. (24 F.R. 582, Jan. 27, 1959]

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$ 12.9 Rights of designate; sales instruction; transportation charges. (a) Upon death of a veteran admitted as such to a field station, the Manager or his designated representative will cause notice (parts I and V of VA Form 101171) to be sent to the designate: Provided, however, That if the Manager or his designated represenative has information of the death of the primary designate, notice shall be sent to the alternate designate and all the provisions of the regulations in this part respecting the designate will be deemed to apply to the alternate. If the designate is a minor or a person known to be incompetent, delivery of the funds or effects will be made only to the designate's guardian or custodian upon qualification. The right of the designate to receive possession ceases when he refuses to accept delivery or if he fails to respond within 90 days after VA Form 10-1171 was mailed. When the right of a designate ceases, VA Form 10-1171 will be forwarded immediately to the alternate designate, whose rights then become identical with those forfeited by the first designate, and the rights of the alternate designate shall terminate at the expiration of 90 days after the VA Form 10– 1171 was mailed to him. Delivery will not be made to a designate until he submits a signed statement to the effect that he understands that the delivery of such funds and effects constitutes a delivery of possession only and that such delivery

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Part 12—Disposition of Veteran's

Personal Funds and Effects

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DISPOSITION OF VETERAN'S PERSONAL

FUNDS AND EFFECTS ON STATION UPON DEATH, OR DISCHARGE, OR UNAUTHORIZED ABSENCE, AND OF FUNDS AND EFFECTS FOUND ON STATION

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UNDER PUBLIC NO. 734, 75TH CONGRESS (38

U.S. C. 163) Sec. 12.4 Disposition of effects and fund to

designate; exceptions. (Amended]

ed, I

RECOGNITION OF LEGAL CUSTODIAN, APPOINTMENT

OF A GUARDIAN FOR A MINOR OR MENTALLY INCOMPETENT BENEFICIARY, AND THE MAKING OF INSTITUTIONAL AWARDS

is not intended to affect in any manner the title thereto. Such notice shall fully identify the decedent and state the fact that he designated the addressee to receive possession of such property; that the right to receive possession thereof does not affect the ownership but that the designate will be responsible for the ultimate disposition thereof to those who, under applicable law, are entitled to the decedent's property; and will request prompt advice as to whether the designate will accept such property and that, if he will, he furnish shipping instructions, upon receipt of which the property will be shipped at the expense of the Government. However, prior to dispatching such notice, it will be definitely determined that the shipping expense will not exceed $25. If such expense will exceed $25, the excess cost will be ascertained, and the notice will include a statement of the amount of such excess shipping cost with request that the amount thereof be remitted at the time shipping instructions are furnished. In estimating the shipping expense, it will be assumed that shipment to the designate will be to the same address as that to which the notice is sent. Each notice, however, shall contain a statement that in no event will the Government pay shipping expense in excess of $25. The notice will include a copy of the inventory of the property which it is proposed to deliver to the designate.

(b) Upon receipt of appropriate shipping instructions, the property will be shipped, transportation charges prepaid, by mail, express, or freight, as may be appropriate under the circumstances and most economical to the Government. The expense of such shipment, chargeable to the Government, in no case to exceed $25, is payable the same as other administrative expenses of the Veterans Administration. [Paragraphs (a) and (b) amended, 23 F. R. 5, Jan. 1, 1958)

Sec. 13.201 Recognition of wife of incompetent

veteran. (Revised) 13.205 Amount of benefits payable by Vet

erans Administration to legal custodian or custodian-in-fact; payments to bonded officer of In

dian reservations. (Amended) 13.207 Recognition of legal custodlan. (Re

vised] 13.210 Bond of custodian. (Revised ] 13.217 Certificate of custody authority for

payment. (Revised) 13.220 Chief Attorney to sign certificates

required by Uniform Veterans Guardianship Act or similar State legislation, as representative of

the Administrator. (Revised] 13.222 Policy in recognizing banks and

trust companies. (Revised ] COMMITMENT OF MENTALLY INCOMPETENT BENE

FICIARIES, APPOINTMENT OF GUARDIANS FOR
INCOMPETENT AND MINOR BENEFICIARIES, AND
PAYMENT OF EXPENSES IN CONNECTION WITH

SUCH APPOINTMENT 13.225 When Veterans Administration

physicians may testify in lunacy proceedings; employment of pri

vate physicians. (Amended) 13.227 Costs for appointment of guardians;

when authorized at Veterans Ad

ministration expense. (Amended] 13.228 Chief Attorneys delegated power to

authorize costs incident to ap

pointment of guardians. (Revised ] 13.229 Court costs; what may be included

as. (Amended) 13.231 Determination as to correctness of

costs. (Revised] 13.235 When Chief Attorney may prepare

appointment papers or furnish ad.

vice. (Revised ] 13.236 Chief Attorney to authorize costs

for removal of guardians. (Re

vised) 13.260 Determination of need for institu

tional award and notification to

adjudication agency. (Amended] 13.262 Limitation of wards to individual

guardian. (Amended) 13.276 Natural guardians; in the insular

and territorial possessions of the United States and in foreign countries. (Amended]

Part 13—Department of Veter

ans Benefits, Chief Attorneys

SUPERVISION OF CUSTODIANS, GUARDIANS, ETC.,

AND CHIEF OFFICERS OF INSTITUTIONS

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13.290 Principal attorney. (Amended) 13.310 Accounts of custodians. (Revised) 13.312 Legal custodian may be required to

furnish bond. [Revised) 13.321 Investments; inspection of assets.

(Amended)

FIELD EXAMINATIONS

13.50

Types of field examinations.

vised]

(Re

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justed compensation, pensions, vocational rehabilitation and education; educational assistance allowance or special training allowance; retirement pay; insurance and indemnity cases; guaranty or insurance of loans, and other benefits under the Servicemen's Readjustment Act of 1944, as amended; examinations directed by the Manager on general administrative matters; and examinations requested by a United States district attorney or other representative of the Department of Justice, in civil and criminal cases. (23 F. R. 1729, Mar. 13, 1958)

13.339

REMOVAL AND DISCHARGE OF GUARDIANS

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RECOGNITION OF LEGAL CUSTODIAN, APPOINT

MENT OF A GUARDIAN FOR A MINOR OR MENTALLY INCOMPETENT BENEFICIARY, AND THE MAKING OF INSTITUTIONAL AWARDS

LEGAL SERVICES

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13.363 Grounds for removal. (Amended] 13.365 Authority of Chief Attorney to ap

pear in State courts for the Admin

istrator. (Revised) 13.369 Authority of Chief Attorney to order

advertising or publication of notices in guardianship or commitment proceedings. (Revised ]

(OTHER THAN GUARDIANSHIP) 13.402 Domestic relations questions, resto

ration to rolls, and conflict of laws.

(Amended] § 13.0 Introduction. The regulations in this part are issued pursuant to section 1502, Public Law 85–56. They set forth the policy of the Administrator of Veterans Affairs applicable to recognition of all types of fiduciaries, and the requirements with respect to administration by such fiduciaries of estates of minor and mentally ill beneficiaries derived from payments of any monetary benefit under the acts administered by the Veterans Administration. The duties, the delegations of authority, and all actions required of the Chief Attorney set forth in $$ 13.0 to 13.369, inclusive, are to be performed under the direction of, and authority vested in, the Manager of the field station. (23 F. R. 8397, Oct. 30, 1958]

Prior Amendments 1958: 23 F. R. 1729, Mar. 13, 1958.

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$ 13.201 Recognition of wife of incompetent veteran. Section 1502 (e), Public Law 85–56, provides that in case of any incompetent veteran having no guardian, payment of compensation, pension or retirement pay may be made, in the discretion of the Administrator, to the wife of such veteran for the use of the veteran and his dependents. Cases coming within this section of the law will be investigated by the Chief Attorney to determine whether the wife is properly qualified to administer the funds payable, whether she will agree to use the funds for the benefit of the veteran and his dependents, and whether all conditions justify payment of the compensation, pension, or retirement pay to the veteran's wife; or whether, in the best interests of the veteran and his dependents, a guardian should be appointed to receive and administer the funds payable. If the Chief Attorney determines that payments shall be made to the wife, a complete report will be forwarded to the adjudication agency accompanied by the evidence disclosing the facts, with a recommendation that payments be made to the wife. If the Chief Attorney determines that the facts justify the appointment of a guardian, he will take action promptly to effect the appointment and will forward the evidence thereof, together with his certification as to the legality of the appointment and adequacy of bond, to the adjudication agency. For the purpose of determining whether the funds paid to the wife are being applied as intended and whether the payments should continue to the wife, or whether in the interests of the

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