Part

1011 Labor.

Part 801-Employment of Troops in Aid of Civil Authorities

NOTE: For regulations with respect to employment of troops in aid of civil authorities applicable to the Department of the Air Force, see Part 501 of this title.

Part 802-Relief Assistance

NOTE: For regulations with respect to relief assistance applicable to the Department of the Air Force, see Part 502 of this title.

Part 803-Apprehension and Arrest of Persons Not Subject to Military Law

§ 803.1 Persons not subject to the Uniform Code of Military Justice-(a) General. All members of the Air Force have the ordinary right of civilians to assist in the maintenance of the peace. Usually, therefore, when a felony or a misdemeanor amounting to a breach of the peace is being committed, members of the Air Force have the right, as do civilians generally, to apprehend the perpetrator no matter what his status.

(b) Ejection. Persons not subject to military law who are found within the limits of military jurisdiction in the act of committing a breach of regulations, not amounting to a felony or a breach of the peace, may be removed therefrom upon orders from the commanding officer and ordered by him not to re-enter. For the penalty imposed upon re-entrance after ejection, see section 1382,

804.204 Regulating procedures. 804.205 Violation of regulations.

AUTHORITY: §§ 804.201 to 804.205 issued under R. S. 161, sec. 202, 61 Stat. 500, as amended: 5 U. S. C. 22, 171a.

SOURCE: §§ 804.201 to 804.205 appear at 18 F. R. 5539, Sept. 16, 1953.

§ 804.201 Purpose. Sections 804.201 to 804.205 establish a uniform Air Force policy in connection with solicitation of Air Force personnel on Air Force installations by representatives of commercial life insurance companies. A report of action taken in banning agents from bases and of complaints called to the attention of the commander regarding fraudulent or unethical practices on the part of insurance representatives in which military personnel are involved or have been involved is established. The provisions of §§ 804.201 to 804.205 are applicable to all Air Force activities in the continental United States, its territories, possessions, and bases overseas.

§ 804.202 Policy. The control of the activities of dealers, tradesmen, or their

agents is the responsibility of the installation commander. Life insurance solicitation may be permitted at the discretion of the installation commander, under such regulations as he shall prescribe. If such solicitation is permitted, the commander's personal and active supervision is mandatory. Minimal supervisory regulations controlling solicitation by commercial life insurance agents will include the following:

(a) Commanders of Air Force installations over which exclusive jurisdiction has been ceded to the United States will permit solicitation of commercial life insurance on their installations when both the company and its agents are licensed in any State or the District of Columbia. In implementation of this provision, commanders in their discretion may require insurance companies not authorized to do business within the State to furnish such information concerning licensing as is filed in the State where domiciled.

(b) Where the State has retained exclusive or concurrent jurisdiction over the installation, the company and the agents must qualify under the laws of that State prior to soliciting business on the installation.

(c) In those instances where exclusive or concurrent jurisdiction has been retained by the State for only a part of the installation, the agent and the company must be licensed within the State to solicit in that area. On the remaining portion of the installation the provisions of paragraph (a) of this section will be applicable.

(d) There will be no solicitation of recruits or basic trainees.

(e) There will be no solicitation of personnel being processed at ports of embarkation, except by written appointment.

(f) There will be no mass solicitation at formations or captive audiences.

(g) Solicitation will not be permitted which interferes with military duty.

(h) Remuneration or gifts of any nature will not be offered to, or accepted by, military or civilian personnel employed by the Air Force to facilitate transactions.

(i) The recommendation of any commercial reporting or publishing agency's publication will not be utilized as the sole basis for determining whether a company

or its agents will be permitted to solicit business on any Air Force installation.

(j) Commanders of installations outside the continental United States will, prior to granting permission for the solicitation of insurance on the installation, utilize the criteria set forth in this part as a guide in determining the authority and qualifications of such companies and agents in accordance with appropriate treaties or agreements and any applicable laws of the jurisdiction wherein an installation may be located.

§ 804.203 Definition. For the purpose of §§ 804.201 to 804.205, the term concurrent jurisdiction refers to those cases wherein the State, territory, possession, or foreign State in which the installation is located possesses at least the minimal jurisdiction to control the business of life insurance within the installation. It is not necessary to include within the terms of §§ 804.201 to 804.205 that the State and the Federal Government of the United States necessarily exercise jurisdiction over the conduct of the business of insurance to the same degree. The words concurrent jurisdiction, as used in §§ 804.201 to 804.205, are to denote a concurrency of jurisdiction over subject matter. They are not to be confused with concurrency of juristion in a geographical sense, which would exist if all jurisdiction over part of an installation were ceded to the Federal Government and partial jurisdiction over another part of the installation was reserved to itself by the State. The jurisdiction which a State possesses over a particular installation depends upon the method by which the property was acquired and the terms of the granting or ceding statute enacted by the State legislature. It must be determined individually for each installation or, where various parts of the installation were acquired through separate transactions, for each portion of an installation.

§ 804.204 Regulating procedures. (a) Commanders will regulate solicitation within their commands to avoid discriminatory practices. No commercial life insurance organization, association, company, groups, or other such entity or agent, or special company plan of insurance, will, in any way, be sponsored by any member of the Air Force, nor will any consideration be afforded or granted to any one company or agent over another. The only life insurance

considered non-commercial by the Department of the Air Force is that made available to military personnel as a result of Federal Legislation and underwritten by the United States Government.

(b) All allotment authorizations (DD Form 234 "Allotment Authorization to Start or Stop Allotments") for commercial life insurance will be completed prior to signature and processed in accordance with current regulations.

(1) In all instances where commercial life insurance premiums are to be paid by allotment (DD Form 234), the personal affairs officer or his representative will discuss the transaction with the service member to ascertain that:

(i) The policy is of a suitable type. (ii) The premium rate is consistent with the financial status of the individual concerned.

(iii) Military personnel are aware of such provisions as war clause, aviation and geographic restrictions, and/or other undesirable clauses which are contained in or attached to policies being contracted.

(iv) The service member is aware of the insurance coverage afforded by the government life insurance program and that the Air Force does not indorse or sponsor any commercial life insurance policy.

(c) The official use of DD Forms 234 bearing an unauthorized overprint is prohibited. Air Force personnel or finance officers will not certify such forms.

(d) Commercial life insurance agents will not be utilized for insurance lectures.

(e) Installation commanders will require all companies authorized to offer life insurance to military personnel on their reservations to submit a notarized letter signed by the President or VicePresident of the company concerned. The letter must list all policies together with their form numbers and contain a statement that only the policies listed are to be offered on such military installations. Further, the letter must affirm that those policies listed comply with the following minimum requirements prescribed for insurance companies and their agents soliciting military personnel on all military installations:

(1) Commanders will require that life insurance policies offered to military personnel on installations have reserves

at least equal to those produced by the Commissioners Reserve Valuation Method as defined in the Standard Valuation Law when calculated according to the Commissioners 1941 Standard Ordinary Mortality Table with interest at a rate not in excess of 32 percent per annum. Such policies must provide cash and nonforfeiture values at least equal to the minimum values determined by the Standard Association of Insurance Commissioners at its December 1942 meeting and must comply with the interpretations of the "working committee on Standard Nonforfeiture and Valuation Laws to Life Insurance Committee, National Association of Insurance Commissioners", commonly known as the Hooker Committee.

(2) The existence of exclusion of restrictive clauses or provisions of the following will be plainly indicated on the face of the policy: War Clauses; Geographic Limitations; Aviation Exclusion Provisions. This may be accomplished by the means of a rubber stamp.

(3) All companies selling participating policies must clearly indicate on all literature referring to dividends that the dividends are estimates and not guaranteed.

(4) Life insurance agents will furnish the applicant and the unit commander information regarding the policy applied for, indicating:

(i) Name and address of company.
(ii) Name and address of agent.
(iii) Name of the insured.

(iv) Type of policy.

(v) Amount of life insurance.
(vi) Premium.

(vii) Death benefit, guaranteed cash value, extended insurance, pure endowment (if any) at the end of the first to fifth years inclusive and the tenth, fifteenth and twentieth years.

(viii) List of all exclusion provisions which might be incorporated in the policy such as War Clauses, Aviation Exclusion Provisions, Geographical Limitations, and so forth.

(f) Upon application for permission to solicit commercial life insurance on an Air Force installation, an agent will be required to furnish the installation commander a notarized letter, signed by an authorized official of the company indicating that the agent is licensed to solicit