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MILITARY LAWS OF THE UNITED STATES.

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by scc. 2, act of Oct. 6, 1917 (40 Stat. 409), as amended by sec. 12, act of Dec. 24, 1919 (41 Stat. 374).

Notes of Decisions. Total disability occurring before applica- ability, and who sustained such disability tion. Under a provision of the war-risk before the expiration of 120 days from insurance act of Oct. 6, 1917 (40 Stat. 409), such publication, without having applied for an enlisted man, who was in the active serv- such insurance, is entitled to be treated as ice at the time of the publication of the having been automatically insured and to terms and conditions of the contract of receive $25 per month. 31 Op. Atty. Gen. insurance covering total permanent dis- 534.

1913. Application for insurance before enrollment for active service.-* * Provided, That any insurance application made by a person after induction by the local draft board but before being accepted and enrolled for active service shall be deemed valid. Sec. 31, added to the act of Sept. 2, 1914, by sec. 7, act of Dec. 24, 1919 (41 Stat. 372). 1914. Automatic application for insurance.

Provided, That any person in the active service on or after the 6th day of April, 1917, and before the 11th day of November, 1918, who while in such active service made application for insurance after the expiration of more than one hundred and twenty days after October 15, 1917, or more than one hundred and twenty days after entrance into or employment in the active service, and whose application was accepted and a policy issued thereon, and from whom premiums were collected, and who becomes or had become totally and permanently disabled, or dies or has died, shall be deemed to have made legal application for such insurance and the policy issued on such application shall be valid. Any person in the active service on or after the 6th day of April, 1917, and before the 11th day of November, 1918, who, while in such service, and before the ex. piration of one hundred and twenty days after October 15, 1917, or ene hundred and twenty days after entrance into or employment in the active service, becomes or has become totally and permanently disabled, or dies or has died, without having applied for insurance, shall be deemed to have applied for and to have been granted insurance, payable to such person during his life in monthly installinents of $25 each; and any person inducted into the service by a local draft board after the 6th day of April, 1917, and before the 11th day of November, 1915, who, while in such service, and before being accepted and enrolled for active military or naval service, becomes or has become totally and permanently disabled, or dies or has died, without having applied for insurance, shall be deemed to have applied for and to have been granted insurance, payable to such person during his life in monthly installments of $25 ench.

Scc. 401, added to the act of Sept. 2, 1914, by sec. 2, act ol Oct. 6, 1919 (50 Stat. 409), as amended by sec. 12, act of Dec. 24, 1919 (41 Stat. 375).

This section as amended apparently superseded Joint Resolution No. 22, act of Feb. 12, 1918 (40 Stat. 438), which was as follows :

* That the time within which application for insurance may be made as set fort in section four hundred and one of the Act entitled · An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,' approved Sep teviber second, nineteen hundred and fourteen, as amended by the Act approved October sixth, nineteen hundred and seventeen, is hereby extended, with respect to every person in the active war service as to whom the time for making application would expire before the twelfth day of April, nineteen hundred and eighteen, so that every such per: son may make application for insurance up to and including the said twelfth day of April, nineteen hundred and righteen: Proridell, That nothing herein shall be construed to effect an extension of the automatic insurance provided for in the said section four hundred and one beyond the twelfth day of February, nineteen bundred and eighteen."

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1915. Autor:atic insurance granted to personnel of the “ Cyclops.”—* Provided furtxer, That each officer and enlisted man attached to the United States ship Cyclops on the 4th day of March, 1918, and every officer and enlisted man who on said date was a passenger on said vessel shall be deemed to have been granted insurance in the sum of $5,000 permitted under the War Risk Insurance Act. Sec. 401, added to act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1919 iho Stat. 409), as amended by sec, 12, act of Dec. 24, 1919 (41 Stat. 375).

1916. Insurance of prisoners of war taken before April 12, 1918.—That insurance under the Act entitled “An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,” approved September second, nineteen hundred and fourteen, as amended by the Act approved October sixth, nineteen hundred and seventeen, shall be granted by the Bureau of War Risk Insurance on application made by the person to be insured or, subject to such regulations as the bureau may prescribe, by any person within the permitted class as specified in section four hundred and two of said Act: Provided, That the person to be insured has been taken a prisoner of war before April twelfth, nineteen hundred and eighteen: And provided further, That no one but the insured may designate a beneficiary, and nothing in this resolution shall be deemed to change or affect the permitted class of beneficiaries or impose any obligation on the insured against his will. Joint Res. 27, April 2, 1918 (40 Stat, 502).

1917. Insurance terminated by discharge or dismissal.-That the discharge or dismissal of any person from the military or naval forces on the ground that he is au enemy alien, conscientious objector, or a deserter, or as guilty of mutiny, treason, spying, or any offense involving moral turpitude, or willful and per. sistent misconduct shall terminate any insurance granted on the life of such person under the provisions of Article IV, and shall bar all rights to any compensation under Article III or any insurance under Article IV. Sec. 29, added to act of Sept. 2, 1914, by sec. 2, act of June 25, 1918 (40 Stat. 609). 1918. Beneficiaries.--*

The insurance shall be payable only to a spouse, child, grandchild, parent, brother, or sister, and also during total and permanent disability to the injured person, or to any or all of them.

Sec. 402, added to the act of Scpt. 2, 191.), by sec. 2, act of Oct. 6, 1917 (40 Stat. 409), as amended by sec. 21, act of June 25, 1918 (40 Stat. 615).

That the permitted class of beneficiaries for insurance as specified in section 402 of the War Risk Insurance Act is hereby enlarged so as to include, in addition to the persons therein enumerated, uncles, aunts, nephews, nieces, brothers-in-law and sisters-in-law of the insured. This section shall be deemed to be in effect as of October 6, 1917 :

Sec. 13, act of Dec. 24, 1919 (41 Stat, $75).

1919. Brother and sister defined.--The terms “brother” and “sister" include brothers and sisters of the half blood as well as those of the whole blood, stepbrothers and stepsisters, and brothers and sisters through adoption. Sec. 22 (5), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 401).

The terms “brother" and "sister include the children of a person who, for a period of not less than one year, stood in loco parentis to a member of the military or naval forces of the United States at any time prior to his enlistinent or induction, or another member of the same household as to whom such person during such period likewise stood in loco parentis : Provided, That this

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subdivision shall be deemed to be in effect as of October 6, 1917. Sec. 22 (52), added to the act of Sept. 2, 1914, by sec. 4, act of Dec. 24, 1919 (41 Stat. 371).

1920. Grandchild defined.—The term "grandchild” means a child as above defined of a child as above defined. Sec. 22 (2), added to the act of Sept. 2, 1911, by sec. 2, act of Oct. 6, 1917 (40 Stat. 401). 1921. Change of beneficiaries.—*

Subject to regulations, the insured shall at all times have the right to change the beneficiary or beneficiaries of such insurance without the consent of such beneficiary or beneficiaries, but only within the classes herein provided.

Sec. 402, added to the act of Sept. 2, 1911, by sec. 2, act of Oct. 6, 1917 (40 Stat. 409), as amended by sec. 21, act of June 25, 1918 (40 Stat. 615).

1922. Assignment within the permitted class of beneficiaries. That the provisions of section 28 of the War Risk Insurance Act shall not be construed to prohibit the assignment by any person to whom converted insurance shall be payable under Article IV of such Act of his interest in such insurance to any other member of the permitted class of beneficiaries. Sec. 6, act of Dec. 24, 1919 (41 Stat. 372). See 1900, ante.

1923. Payment of insurance if designated beneficiary has died.—That if any person to whom such yearly renewable term insurance has been awarded dies, or his rights are otherwise terminated after the death of the insured, but before all of the two hundred and forty monthly installments have been paid, then the monthly installments payable and applicable shall be payable to such person or persons within the permitted class of beneficiaries as would, under the laws of the State of residence of the insured, be entitled to his personal property in case of intestacy; and if the permitted class of beneficiaries be exhausted before all of the two hundred and forty monthly installments have been paid, then there shall be paid to the estate of the last surviving person within the permitted class the remaining unpaid monthly installments. Sec. 15, act of Dec. 24, 1919 (41 Stat. 376). 1924. Payment where no beneficiary is named.

If no beneficiary within the permitted class be designated by the insured, either in his lifetime or by his

last will and testament, or if the designated beneficiary does not survive the insured, the insurance shall be payable to such person or persons within the permitted class of beneficiaries as would under the laws of the State of the residence of the insured be entitled to his personal property in case of intestacy.

Sec. 402, added to the act of Sept. 2, 1914, by sec, 2, act of Oct. 6, 1917 (40 Stat. 410), as amended by sec. 21, act of June 25, 1918 (40 Stat. 615).

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Notes of Decisions.

Payment of value to estate of insured authorized. Inclusion in the converted insurance policies proposed to be issued under the war-risk insurance act of a provision that the commuted value of the policy shall be payable to the estate of the insured, in the event of the failure of any person within

the permitted classes to survive the losured,
or in the event of the exhaustion by death
of all persons within those classes before
the payment of the full number of install-
ments provided for, is authorized by the law
and will be valid.

31 Op. Atty. Gen. 387.

1925. Payment of converted insurance if no beneficiary is named.—That if no beneficiary within the permitted class be designated by the insured as beneficiary for converted insurance, granted under the provisions of Article IV of

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the War Risk Insurance Act, either in his lifetime or by his last will and testament, or if the designated beneficiary does not survive the insured, then there shall be paid to the estate of the insured the remaining unpaid monthly installments; or if the designated beneficiary survives the insured and dies before receiving all of the installments of converted insurance payable and applicable, then there shall be paid to the estate of such beneficiary the reinaining unpaid monthly installments. Sec. 16, act of Dec. 24, 1919 (41 Stat. 376).

1926. Insurance paid to soldier's estate if no heir within permitted class survives.--*

If no such person survive the insured, then there shall be paid to the estate of the insured an amount equal to the reserve value, if any, of the insurance at the time of his death, calculated on the basis of the American Experience Table of Mortality and three and one-half per centum interest in full of all obligations under the contract of insurance. Scc. 102, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1915 (40 Stat. 410), as amended by sec. 21, act of June 25, 1918 (-40 stat. 616).

That if no person within the permitted class of beneficiaries survive the insurel, then there shall be paid to the estate of the insured the monthly installmients payable and applicable under the provisions of Article IV of the War Risk Insurance Act. Sec. 14, act of Dec. 2., 1919 (41 Stat. 376).

1927. Terms and conditions of insurance contracts.—That the director, subject to the general direction of the Secretary of the Treasury, shall promptly deterinine upon and publish the full and exact terms and conditions of such contract of insurance.

Sec, 102, added to the art of Sept. 2, 1911, by sec. 2, act of Oct. 6, 1917 (40 Stat. 409), as amended by sec. 21, act of June 25, 1918 (40 stat. 615). 1928. Premium rates.--*

The premium rates shall be the net rates based upon tlie American Experience Table of Mortality and interest at three and one-half per centum per annum. Scc. 403, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1919 (40 Stat. 110). 1929. Calculations based upon American Experience Table of Mortality,

All calculations shall be based upon the American Experience Table of Mortality and interest at three and one-half per centum per annum, except that no deduction shall be made for continuous installments during the life of the insured in case his total and permanent disability continues more than two hundred and forty months.

Sec. 402, added to the act of Sept. 2. 1914, by scc. 2, act of Oct. 6, 1917 (40 Stat. 409), as amended by sec. 21, act of June 25, 1918 (40 Stat. 615).

1930. Term form of insurance.--That during the period of war and thereafter nntil converted the insurance shall be terin insurance for successive terms of one year each.

Sec. 101, added to the act of Sept. 2, 1914, by sec. 2, uict of Oct. 6, 1917 (40 Stat. 110).

Notes of Decisions.
Conversion of term insurance.-The Bu- insurance heretofore granted under

the reau of War Risk Insurance may, without provisions of the war-risk insurance act into awaiting the formal termination of the war other forms of insurance authorized by said as declared by proclamation of the President act. 31 Op, Atty. Gen. 382. of the United States, convert war-time term 1931. Conversion of term insurance into other forms.

Not later than five years after the date of the termination of the war as declared by proclamation of the President of the United States, the term insurance shall be con

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verted, without medical examination, into such form or forms of insurance as
may be prescribed by regulations and as the insured may request. Regula-
tions shall provide for the right to convert into ordinary life, twenty payment
life, endowment maturing at age sixty-two and into other usual forms of in-
surance and shall prescribe the time and method of payment of the premiums
thereon, but payments of premiums in advance shall not be required for periods
of inore than one month each and may be deducted from the pay or deposit of
the insured or be otherwise made at his election. Sec. 404, added to the act of
Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 410).
1932. Payment in installments.--*

The insurance shall be payable in two hundred and forty equal monthly installments.

Sec. 402, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1919 (40 Stat. $09), as amended by sec. 21, act of June 25, 1918 (40 Stat. 615).

Provided, That nothing herein shall be construed to interfere with the payment of the monthly installments authorized to be made under the provisions of said War Risk Insurance Act, as originally enacted and subsequently amended, up to and including the second calendar month after the passage of this Act: Provided further, That all awards of insurance under the provisions of the said War Risk Insurance Act, as originally enacted and subsequently amended, shall be revised as of the first day of the third calendar month after the passage of this Act, in accordance with the provisions of the said War Risk Insurance Act as modified by this amendatory Act. Sec. 13, act of Dec. 24, 1919 (41 Stat. 375–376). 1933. Payment of installments of automatic insurance.-*

If he shall die either before he shall have received any of such monthly installments or before he shall have received two hundred and forty of such monthly installments, then $25 per month shall be paid to his widow from the time of his death and during her widowhood; or if there is no widow surviving him, then to his child or children; or if there is no child surviving him, then to his mother; or if there be no mother surviving him, then to his father, if and while they survive him: Provided, however, That no more than two hundred and forty of such monthly installments, including those received by such person during his total and permanent disability, shall be so paid. The amount of the monthly installments shall be apportioned between children as may be provided by regulations:

Sec, 101, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 409), as amended by sec. 12, act of Dec. 21, 1919 (41 Stat, 375). 1934. Alternative methods of payment.

Provisions for maturity at certain ages, for continuous installments during the life of the insured or beneficiaries, or both, for cash, loan, paid-up and extended values, dividends from gairs and savings, and such other provisions for the protection and advantage of and for alternative benefits to the insured and the beneficiaries as may be found to be reasonable and practicable, may be provided for in the contract of insurance, or from time to time by regulations.

Sec. 402, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 409), as amended by sec. 21, act of June 25, 1918 (40 Stat. 615).

That the Bureau of War Risk Insurance may make provision in the contract for converted insurance for optional settlement, to be selected by the insured, whereby such insurance may be made payable either in one sum or in installments for thirty-six months or more. The bureau may also include in said contract a provision authorizing the beneficiary to elect to receive paypient

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