PROVISION OF INDEMNITY OR INSURANCE FOR INDIVIDUALS SERVING IN THE ARMED FORCES

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CIA-RDP67B00446R000500210005-9
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October 14, 2003
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September 9, 1965
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Approved For Release 200$flUm- e ' I~9i00V112ll~S~tINCE FOR INDIVIDUALS SERVING IN THE ARMED FORCES HEARINGS SUBCOMMITTEE ON INSURANCE COMMITTEE ON VETERANS' AFFAIRS HOUSE OF REPRESENTATIVES EIGIITY-NINTII CONGRESS FIRST SESSION ON H.R. 4379, 5281, 5959, 5961, 6161, 6273, 6351, 6398, 9725,9748,100153,10272:110273,10286,10301,10312, 10395, 10399, 10410478, 10630, 10821, 10862, Pages of all hearings are numbered cumulatively to permit a comprehensive index at the end of the Congress. Page num- hers lower than those in this hearing refer to other legislation. U.S. GOVERNMENT PRINTING OFFICE 53-412 WASHINGTON : 1965 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Hearing in Senate (Senate Hearing available VSenate Report 619 VS. 2127 as reported will1amend, '-Passed Senate as reported (voice) tePassage reconsidered /Amended on Senate Floor (voice) ,.'Passed Senate with amendment (voice) &-S. 2127 as passed Senate To House Veterans' Affairs August 11 August 24 August 16 August 16 August 18 August 19 August 19 August 19 August 23 August 23 t-Hearing in the House September 8 -H. R. 10873 as reported with amendment September 15 vReport 1003 September 15 (Passed H.R. 10873 (unanimous record vote - 360 'yeas") September 20 (.Passed S. 2127 9, riking-all--after enact- Selma a by sFrir,vi.tiL4Me S'2J n7.Fment clause to insert provisions of H. R.10873 September 20 H. R. 10873 was laid on the table. COMMITTEE ON VETERANS' AFFAIRS Approved For Release 2003/11/04: CIA DP 0 0210005-9 W. J. BRYAN DORN, South Car)llna E. ROSS ADAIR, Indiana JAMES A. HALEY, Florida WILLIAM H. AYRES, Ohio WALTER S. BARING, Nevada PAUL A. FINO, New York ROBERT A. EVERETT, Tennis see JOHN P. SAYLOR, Pennsylvania THADDEUS J. DULSKI, New York CHARLES M. TEAGUE, California HARRIS B. MCDOWELL, JR., Dflawaro SEYMOUR IIALPERN, New York HORACE R. KORNEGAY, North Carolina ROBERT F. ELLSWORTH, Kansas RAY ROBERTS, Texas JOHN J. DUNCAN, Tennessee ROBERT T. SEC REST, Ohio GEORGE E. BROWN, JR., California CHARLES II. WILSON, California DAVID E. SATTERFIELD III, Virginia TENO RONCALIO, Wyoming HENRY HELSTOSKI, New Jers3y JOSEPH Y. RESNICK, New Yo it JAMES M. IIANLEY, New York OLIVER E. MEADOWS, Stag Director SUBCOMMITTEES (Chairman and Ranking Minority Member ex officio Members of all Subcommittees) COMPENSATION AND PENSION W. J. B IYAN DORN, South Carolina, Chairman HORACE R. KORNEGAY, North Carolina PAUL A. FINO, New York RAY ROBERTS, Texas CHARLES M. TEAGUE, California TEND; RONCALIO, Wyoming JOHN 1'. SAYLOR, Pennsylvania JAMES M. IIANLEY, New York EDUCATION AND TRAINING THAD)E US J. DULSKI, New Yore, Chairman GEORGE E. BROWN, In., California SEYMOUR HALPERN, New York WALTER S. BARING, Nevada JOHN I', SAYLOR, Pennsylvania W. J. BRYAN DORN. Smith Canllna CHARLES M. TEAGUE, California CHARLES H. WILSON, California JOAN .J. DUNCAN, Tennessee HENRY HELSTOSKI, New Jersey JOSEPH Y. RESNICK, Now Ye 'k JAMES M. IIANLEY, Now York HOSPITALS JA NES A. HALEY, Florida, Chairman WALTER S. BARING, Nevada WILLIAM II. AYRES, Ohio ROBERT A, EVERETT, Tonne: see PAUL A. FINO, New York 7i THADDEUS S. DULSKI, New York JOHN P. SAYLOR, Pennsylvania HARRIS B. MCDOWELL, JR., D sawarc SEYMOUR HALPERN. New York RAY ROBERTS, Texas ROBERT F. ELLSWORTII, Kansas ROBERT T. SEC REST, Ohio JOHN J. DUNCAN, Tennessee GEORGE E. BROWN, JR., California W. J. BRYAN DORN, South Canllna CHARLES H. WILSON, California DAVID E. SATTERFIELD III, Virginia HOUSING IIARRIS B. MCDOWELL, JR., Delaware, Choirrnun WALTER S. BARING, Nevada WILLIAM H. AYRES, Ohio RAY ROBERTS, Texas PAUL A. FINO, New York CHARLES II. WILSON, California SEYMOUR HALPERN, New York DAVID E. SATTERFIELD III, Virginia ROBERT F. ELLSWORTH, Kansas HENRY HELSTOSKI, New Jerssy JOHN J. DUNCAN, Tennessee JOSEPH Y. RESNICK, Now Yo -k JAMES M, IIANLEY, New York INSURANCE ROBERT A. EVERETT, Tennessee, Chairman HORACE R. KORNEGAY, North Carolina CHARLES Al. TEAGUE, California ROBERT T. SECREST, Ohio ROBERT F. ELLSWORTII, Kansas GEORGE E. BROWN, JR., California WILLIAM-H. AYRES, Ohio TENO'. RONCALIO, Wyoming Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Page American Legion: Corcoran, John J., director, National Rehabilitation Commission- 2858-2864 Murphy, Robert F., assistant director, National Legislative Com- missxon------------------------------------------ 2858 Resolution ---------------------------------------------------- 2861 American Life Convention, the Life Insurance Association of America and the Life Insurers Conference; Rood, Henry F__________________ 2824-2830 Berg, Brig. Gen. William W., USAF. (See Defense, Department of) Bills considered, Subcommittee on Insurance: Reports of agencies---------------------------------------- 2850-2856 Text ------------------------------------------------------ 2761-2809 Boggs, Hon. hale, letter---------------'--------------2809 Brown, lion. George E., Jr----------------- 2838,2844, 2855, 2863, 2-8-66,2867 Carter, IIon. Tim Loo__________________________________________ 2820,2821 Chairman, Subeomnnttee nu Insurance. (Sec Everett, lion. Robert A.) Committee staff: Meadows, Oliver E., staff director---------------------- 2852, 2855, 2864 Patterson, Edwin B? counsel_________________ 2845, 2852, 2855, 2856, 2864 Corcoran, John J. (See American Legion) Corcoran Thomas. (See Marsh & McLennan) Cuney, Miss Penn, letter ------------------------------------------- 2809 Daniels, lion, Dominick V______________ -------------------------------------- 2823, 2824 Deaths in service, material furnished by Department of Defense and Veterans' Administration------------------------------------- 281.6-2818 Defense, Department of: Berg, Brig. Gen. William W., USAF, Deputy Assistant Secretary of Defense for Manpower----------------------------------- 2853-2856 Deaths in service, material related to------------------------ 2816-2818 Reports on bills --------------------------------- _--------- 2853-2856 Dependency and indemnity compensation, examples of payments to survivors --------------------------------------------------- 281.1-2815 Disabled American Veterans: Huber, Charles L., national director of legislation-------------------------------------------------- 2872-2874 Driver, William J. (See Veterans' Administration) Dunaway, Carlyle M. (See National Association of Life Underwriters) Ellsworth, Iion. Robert F------------------ 2821-2823,2828,28',36,2838,2843 Everett, lion. Robert A-------------------------------------------- 2759, 2761, 2809, 2811, 2815, 2819-2828, 2831, 2833, 2836-2838, 2841- 2848, 2850-2856, 2858, 2862-2867, 2870, 2872, 2874 Fine, Hon. Paul A--------------------------------------- 2821-2823 Gatling, William It. (See National Association of Life Underwriters) Glass, Kenneth E., letter to lion. John R. Hansen________________ 2832, 2833 Hansen, Hon. John R., letter and statement____________________ 2831-2836 Sllnber, Charles L. (Sue Disabled American Veterans) Insurance Department of Iowa: MacDonald, David D., actuary, letter to IIon. John H. IIansen------------------------ _------------ 2834,2835 Insurance Subcommittee, chairman. (See Everett, lion. Robert A.) Joelson, Hon. Charles S---------------------------------------- 2870-2872 Jones Norman D. (See Veterans of Foreign Ware) Low, dwnrd A. (Sea American Life Convention) Life Insurance Association of America. (See American Life Convention) Life Insurers Conference. (See American Life Convention) Marsh & McLennan: Corcoran, Thomas_________________________________________ 2844,2845 Higgins, James C., vice president, letter to Department of De- fense -------------------------------- ___--------- _---- __ 2810,2811 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67BOO446ROO0500210005-9 Page Matsunaga, Hon. Spark M------------------------------------- 2849,2850 Meadows, Oliver E. See committee staff) Metropolitan Life Insurance Co.: Low, Edward A. (See American Life Convention) Murphy, Robert F. (See American Legion) National Association )f Life Underwriters: - Dunaway Carlyle M., general counsel_____________ 2838-2844,2856-2858 Gatling, William If., president _______ -__ 2874 Patterson, Edwin B. (Sec committee staff) Roberts, on. Ray_------------------------------------------ 2819,2820 Rood, Henry F. (#ee American Life Convention, the. Life Insurance As- sociation of Amori,a, and the Life Insurers Conference) Seerest, Hon. Robes, T------------------------------ -------- 2821-2823, 2828,2836,2838,2843,2844,2845,2852,28r,4-2856,2863,2865--2867 Stover, Francis W. (See Veterans of Foreign Wars) Survivor benefits, examples of payments for service-connected deaths_ 2811-2815 Talmadge, Hon. Herman E., U.S. Senator_____________.__________ 27159, 2760 Teague, Ilan. Charles M------------------------ 2852,2855,2864,2866,2867 Travelers Insurance; Co., Sweet, It. F., secretary, Life Department, rider to insurance contract_________________________________________ 2835,2836 Veterans' Administfation: Driver, William J., Administrator of Veterans' Affairs ---------- 2850-2853 Reports on bills___________________________________________ 2850-2853 Survivor benefits, examples of payments for inservice deaths__ 2811-2815 Veterans of Foreiga Wars: Jones, Norman D., director, National Rehabilitation Service____ 2865x2867 Stover, Francis W., director, National Legislative Service -------- 2864-2876 Rcsolutions__--------------------------------------------- 2869,28870 Wctner, Hon. Charles L--------------------------------------- 2836-2838 Yates, lion. Sidney I? ------------------------------------------- 2847,2848 Approved For Release 2003/11/04: CIA-RDP67BOO446ROO0500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 PROVISION OF INDEMNITY OR INSURANCE FOR INDIVIDUALS SERVING IN THE ARMED FORCES WEDNESDAY, SEPTEMBER 8, 1965 110118U OF REPRESENTATIVES, SUBCOMMITTEE OF T1IE COMMITTEE ON VETERANS' AFFAIRS, Washington, D.C. The subcommittee met at 10 a.m., pursuant to call, in room 356, Cannon Building, lion. Robert A. Everett (chairman of the subcoln- mittee) presiding. Mr. EVERETT. The committee will. come to order. I might announce that Mr. Adair, who is the ranking minority Inember, said he would be out of town but to go right aboard. We are meeting thus. morning to begin hearings on several bills which have been introduced and referred to this subcommittee, providing for an indemnity payment or insurance for individuals serving in the Armed Forces today. Many of these bills are keyed to combat areas, such as Vietnam, The Senate has passed S. 2127 on this subject and. the author of that proposal, Senator Talmadge, of Georgia, has been invited to testify on his bill. In lieu of an appearance he has submitted Or statement which, without objection, will be inserted at this point. (The statement referred to follows:) STATEMENT Or LION. Iln1RMAN E. TALMADOE, U.S. SENATOR FROM THE STAzu Or GLonom Mr. Chairman and my colleagues on. the Veteran's Affairs Committee, I am deeply grateful for the opportunity to appear before the committee to testify on baludf of S. 2127, which was introduced by our distinguished colleague, Senator Smathers, and myself. This bill would provide special, cost-free, indemnity life insurance for melabers of the Armed Forces serving in areas designated as combat zones by the president. It is retroactive to January 1, 1962, or such date as the President may determine. With the intensified efforts of the United States to assist Vietnam in turning back Communist aggression, it is my view, which I believe to be shared by a majority of the. American people, that adequate protection in terms of survivors' benefits should be provided for the families, widows, children, dependents, or parents of servicemen who lose their lives in this eon Wet. Since January 1, 1962, approximately 850 American fighting men have honored their country for the cause of freedom and democracy with the supreme sacrifice on the battlegrounds of Vietnam. And with our military operations in this strife-torn country being expanded, it is unfortunate, but certain, that (,here. will be many more American lives lost in this war. I remind you that troop requirements in Vietnam are now placed at 125,000 m.en, and not-too-distant projections indicate a total far in excess of that number. Furthermore, the, Congress earlier this session appropriated an additional $700 million to support the war and will soon be called upon. to authorize an even further expenditure estimated in the billions. Again, I point out that the draft has doubled and studies are being made to determine whether Reserve units should be reactivated. 2759 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2760 INDEMNITY OR INSURANCE FOR THE ARMED FORCES Although the Congress cannot guarnntce U.S. servicemen preservation of life and limb in battle, we can, and shoull, afford them peace of mind by assuring them that in the event of their death, treir loved ones back home will be provided some measure of economic security. At the present time, American soldiers, sailors, and marines serving in Vietnam do not have such peace of mind. Unless they have been able, at great persona, cost, to secure private life insurance, the future well-being and means of support of their families stand in great danger. The serviceman bound for Nieman finds it extremely difficult to find life insurance that he can buy to cover hmself against the hazards there. Even if he is successful in finding an insurer, the cost is virtually prohibitive and the coverage grossly inadequate. At least one of the Nation's larger life insurance companies already has inserted "no pa oucnt" clauses in new policies of service- men assigned to duty in Vietnam. Other are restricting the amount of coverage and a great many are considering the issuance of emasculated policies with "as of now" clauses. From the company a standpoint, it is simply not economically feasible to underwrite insurance on it Vietnam combatant. Unless the Federal Government assumes this responsibility, as it should, the need for insurance protection of American combat servicemen will go unful- filled. A member of the armed services today, who may be sent to fight for his country in the jungles of Vietnam, cr to the Dominican Republic, or to some other battlefield in the world where his duty is needed to protect American interests, is not treated as kindly in -;his regard as was his World War 1, World War II, and Korean war counterpart, as a comparison of death benefits reveals. For the World War I and World War II servicemen, death compensation was fixed at $130 it month, and subsequently increased to $150 for a widow with two minor children. For the Korean war servicemen, the amount was $150 monthly. Unfortunately, the widow of % Vietnam veteran is provided no death compensation benefits other than those now held be, every other member of the armed services, and there, is utterly no distinction between the servicemen who may be engaged in a peaceful mission and those who are engaged in hostilities with death as a constant companion. National service life insurance provided $39 a month for life to a surviving widow of the Two World War veterans. Servicemen's indemnity, held by Korean war servicemen, was payable over a ported of 10 years at the rate of $92.90 per month. For the Vietnam servicemen there is neither contract insur- ance such as NSLI nor servicemen's indemnity. In addition to a death gratuity, which was given to widows of both World Wars and Korea, and social security benefits, which were payable to Korean widows, the Vietnam widow has only dependency and indemnity compensation to sustain her.; Dependency and indemnity compensation is computed at the rate of $120 monthly plus '..12 percent of the dccoased's adjusted base pay. The minimum payment is set at $130 monthly and graduated on a scale reflecting higher rank and longer tenure of service. Payments may be increased where there are two or more children, up to $28 for each child in excess of one, depending on amounts to which the family may be entitl3d under certain social security and railroad retirement provisions. However, and this point dosor.res emphasis, the above mentioned benefits payable upon he death of a serviceman iii. Vietnam, are equally payable upon the death of a serviceman who dies of pneumonia at Fort Burning or any other member of the armed services, regtrdless of where he may serve or the character of his duty at the time of death. Completely ignoring precedent, t he Government at the present time has failed to provide life insurance benefits fir servicemen now fighting in Vietnam, or for those who may be called upon to take up arms for the United States at some other time, in some other part of tae world. It has always been the policy of the Federal Government in time of war to provide special cost-free, life insurance for American servicemen.. This is as it should be, for I am sure the committee will agree that there should be a greater premium on the life of a serviceman engaged in armed conflict in behalf of his country, than for those who are engaged in nonhazardous duty where the threat of injury or death is almost nonexistent. Although the United States is n )t presently engaged in a declared war in South Vietnam, it is war nonetheless in virtually every sense of the term. American fighting men are being sent there by the thousands daily, and they are losing their lives daily. i I contend, Mr. Chair nan, that we should do no less for the American servicemen to Vietnam than we dd for American men who fought in Europe and the Pacific, or in Korea. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/0414dzWLafWRft7 ?5ig00119oewD FORCES 2761 Mr. EVERETT. All of the authors of pending proposals have been notified of these hearings, and have been invited to testify in person or submit a statement. Without objection, I will include at this point in the record the text of the bills and certain other pertinent data on this general subject. (The document referred to follows:) [H.R. 4379, each Cong., '1st sess.] A BILL To amend title 38, United States Code, to provide free insurance protection for members of the Armed Forces serving outside the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part II of title 38, United States Code, is amended by inserting immediately after chapter 17 thereof the following new chapter: "CHAPTER 18-OVERSEAS SERVICEMEN'S INDEMNITY "See. 663. Definitions. "651. Coverage provided. "662. Beneficiaries of insurance. "633. Waiver of premiums on other insurance. 650. Definitions "For the purposes of this chapter- "(1) The term 'child' does not include a stepchild unless the stepchild either was a member of the insured's household, or was designated as a beneficiary under this chapter by the insured, and the term does not include an illegitimate child unless the child was designated as a beneficiary under this chapter by the insured. "(2) The term 'parent' includes a stepparent if designated as a beneficiary under this chapter by the insured; and only includes the mother and father who last bore that relationship to the insured. "(3) The terms 'brother' and `sister' include those of the halfblood and those through adoption. "(4) The term 'United States', when used in a geographical sense, means the several States and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. "? 651. Coverage provided "(a) Each member of the Armed Forces on active duty outside the United States after the date of enactment of this chapter is automatically insured by the United States, without cost to such member, against death on active duty while outside the United States. "(b) The insurance provided by subsection (a) shall be in the amount of $10,000, reduced by the amount of United States Government life insurance or national service life insurance held by the insured and in force at the time of his death. 652. Beneficiaries of insurance "(a) Upon certification by the Secretary concerned of the death of any member insured under section 651 of this title, the Administrator shall pay the insurance only to the surviving spouse, children, parents, or brothers and sisters of the insured. The insurance shall be paid in a lump sum. "(b) The insured may designate the beneficiaries of the insurance within the classes named in subsection (a); may designate the proportion of the principal amount to be paid to each; and may change beneficiaries within the classes with- out their consent. "(c) If a designated beneficiary does not survive the insured, or if none has been designated, payment shall he made to the first eligible beneficiary among the classes and in the order named in subsection (a) ; and if the class is composed of more than one individual, payments shall be made in equal shares among such individuals. "(d) No payments shall be made under this chapter to the estate of any deceased individual. 653. Waiver of premiums on other insurance "(a) Any member of the Armed Forces may apply for, and shall be granted, waiver of premiums under this section on any policy of national service life Approved For Release 2003 4fUc: GlA4r4GF%1 94146RN08 Y0i2RoM fqr periods during which Approved For sel2OD ht1O4)RCtA RWBOO44fROQaWOZtM?-9 lie is outside the United States. Any such waiver shall render the insurance nonparticipating while the waiver is in effect. "(b) While any waiver of premiums is in effect under this section- ''(1) all premiums on fve-year level premium term insurance shall be waived; and "(2) the portion of premiums on all other insurance which represents the pure insurance risk shall le waived; effective as of the first day of thl first calendar month beginning after the member is first outside the United States, and ending as of the last day of the first calendar month beginning after he thereafter enters the United States. "(c) Where, benefits under any policy of insurance under waiver of premiums under this) section become payable, liability for such benefits shall be borne by the United States in an amount which, when added to any reserve of the policy at the time of maturity, will equal the then value of such benefits. Computations of such benefits shall be based upon the same tables and rates of interest as apply with respect to the policy involved. The Administrator shall from time to time, transfer from the national service life insurance appropriation to the national. service life insurance fund, and 'roc the military and naval insurance appropria- tion to the United States Cove'nment life insurance fund such sums as may be necessary to carry out this subsection." She. 2. (a) The table of chapters at the head of chapter 11 of title 38, United States Code, is amended by inserting immediately below the line beginning "17." the following: "18. Ovorseasi Sorvicomon's indem.aity." (b) The table of chapters at the head of title 38, United States Code, is amended by inserting immediately below the line beginning ''19." the following: "19. Overseas!Scrvicemen's Indemnity." [It.n, 5281, 89th Cong., 1st sees.l A HILL 'lo authorize wartime occults under certain circumstances for peacetime veterans and their dependents Be it en4eted by the Senate and Ilotese of Representatives of the United States of America in Congress assembled, That (a) paragraph (11) of section 101 of title 38, United States Code, is amended to read as follows: "(11.) The term 'period of wa' means (A) the Spanish-American War, World War I, World War II, the Korean conflict, (B) the period beginning on the date of any future declaration of war by the Congress and ending on a date prescribed by Presidential proclamation or concurrent resolution of the Congress, and (C) any period of hostilities." (b) Section 101 of such title is amended by adding at the end thereof the following now paragraphs: "(29) The term 'area of hostilities' means any area designated by the President as an area of hostilities pursuant to the authority granted him under section 3111 of this title. "(30) The term. 'period of hostilities' means, with respect to any area of hos- tilities, the period of time during which such area has been designated an area of hostilities pursuant to section 3111 of this title; but, for the purposes of this title, a veteran shall be considered to have served during a period of hostilities only if such veteran served at some time during such period in an area of hostilities, or if he sitfferkhd an injury or contracted a disease in line of duty or aggravated a preexisting! injury suffered or disease contracted in line of ditty while on route to or return from an area of hostilities." St;c. 2.(a) Section 521(a) of title 38, United States Code, is amended by striking out "or the Korean conflict," an I inserting in lieu thereof "the Korean conflict, or a period of hostilities,". (b) Section 521(g) of such title. is amended by- (1) redesignating clauses (2), (3), and (4) as clauses (3), (4), and (5), respect)vely, and adding a new clause, (2) after clause (1) as follows: "(2) for a period of ninety consecutive days or more any part of which was served during a period of hostilities;"; and (2) by striking out "or the Korean conflict," in clause (3), as redesignated by this, subsection, and inserting in lieu thereof "the Korean conflict, or a period of hostilities,". Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11idX d1L 9b 7' 3UU4 6 (8~0~ 0015 9 FORCES 2763 (c) The catehline of section 521 is amended to read as follows: "Veterans of World War I, World War IT, the Korean conflict, or a period of hostilities". (d) Section 541(a) of such title is amended by striking out "or the Korean con- flict" and inserting in lieu thereof "the Korean conflict, or a period of hostilities". (e) The eatchline of section 541 is amended by adding at the end thereof the following: ", and widows of veterans of a period of hostilities". (f) Section 542(a) of such title is amended by striking out "or the Korean conflict" and inserting in lieu thereof "the Korean conflict, or a period of hostili- ties". (g) The eatchline of section 542 is amended by adding at the end thereof the following: ", and children of veterans of a period of hostilities". (h) The heading which precedes section 541 of such title is amended to read as follows: "WORLD WAlt I, WORLD WAR IT, TIIE KOREAN CONFICT, AND ANY PERIOD OF HO5TILI'rIEs". (i) The table of sections at the. beginning of chapter 15 of such title is amended by- (1) striking out "521. Veterans of World War I, World War II, or the Korean conflict." and inserting in lieu thereof the following: "521. Veterans of World War I, World War IT, the Korean conflict, or a period of hostilities."; (2) striking out the heading which reads "World War I, World War IT, and the Korean Conflict" and in inserting in lieu thereof "World War I, World War II, the Korean Conflict, and any Period of Ilostilities"; (3) striking out "541. Widows of World War I, World War IT, or Keratin conflict veterans. 11542. Children of World War I, World War II, or Korean conflict veterans:' and inserting in lieu thereof "541. Widows or World War I, World War IT, or Korean conflict veterans, and widows of veterans of a period of hostilities. "642, Children World War IT, or Korean conflict veterans, and children of veterans of a period of World War I, pod of hostilities." SEC. 3. Section 602 of title 38, United States Code, is amended by- (1) striking out "World War II or of the Korean conflict" and inserting in lieu thereof "World War II, the Korean conflict, or a period of hostilities"; and (2) inserting immediately before "shall be deemed" the following: "or within a period of two years following the last day of his service in an area of hostilities, in the case of a veteran of a period of hostilities,". SEC. 4. (a) Section 723(b) of title 38, United States Code, is amended by striking out "Any" at the beginning of such section and inserting in lieu thereof the, following: "Any veteran of a period of hostilities shall, upon application in writing made within one hundred and twenty days after such veteran's discharge or release from the Armed Forces following his service in an area of hostilities and ` payment of premium as hereinafter provided, and without medical examination, be issued a policy of permanent plan life insurance or a policy of limited con- vertible five-year level premium term insurance under this subsection; and any". (b) Section 723(6) of such title is further amended by adding at the end thereof a new sentence as follows: "Any veteran of a period of hostilities who was dis- charged or released from the Armed Forces prior to the date of enactment of this sentence shall, upon application made in writing within one hundred and twenty days after the date of enactment of this sentence and payment of premiums, and without medical examination, be issued insurance as provided in this subsection." SEe. 5. Section 1502(a) (1) of title 38, United States Code, is amended by striking out "World War II or the Korean conflict" and inserting in lieu thereof "World War II, the Korean conflict, or a period of hostilities". SEC. 6. (a) Section 1601(a) (1) of such title is amended by adding at the end thereof a new sentence as follows: "Such term., in the oast, of a veteran of a period of hostilities, means the period commencing with the veteran's most recent entry, Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2764 INDEMNITY OR INSURANCE FOR THE ARMED FORCES Approved For Release 2003/11/04: CIA-RDP67BOO446R000500210005-9 enlistment, or call to active duty prior to his service in an area of hostilities and ending on the date of his first discharge or release from active duty after his service in such area." (b) Section 1601(a)(2) of such title is amended by- (1) inserting immediately before the semicolon at the end of clause (A.) the:following: or a period of hostilities"; and (2) striking out in clause (C) "Korean conflict," and inserting in lieu thereof "Korean conflict or a period of hostilities,". (c) Section 1601(c) of such title is amended by inserting "or a period of host1- ities" immediately after "Korean conflict". (d) Section 1.612(c) of such title is amended by adding at the end thereof' A new sentence as follows: In the case of a veteran of a period of hostilities the date of discharge or release shall, or the purposes of this section and section 1613 of this title, be the. actual date o the veteran's discharge or release from active duty or the date of enactment of this sentence, whichever is later." (e) Section 1613(a) of such title is amended by inserting a comma in lieu of the period it the end thereof and adding the following: "in the case of any veteran whose eligibility is based upon service during the Korean conflict, or after January 31, 1972, in the case of any veteran whose eligibility is based upon service during a period of hostilities." (f) Section 1631 of such title is amended by adding at the end thereof a new subsection as follows: - "(d) No educational and training allowance shall be paid for any period of education or training completed prior to the date of enactment of this subsection to a veteran whose eligibility for benefits under this chapter is based upon service during a period of hostilities." (g) The chapter heading a; the beginning of chapter 33, of title 38, United States Code, is amended to road as follows: "CHAPTER 33-EDUCATIC-N OF KOREAN CONFLICT VETERANS AND VETERANS OF A PERIOD OF HOSTILITIES" (h) The table of chapters at the beginning of part III of such title is amended ley striking out 1133. Education of Korean Conflict Vet Iran" and inserting in lieu thereof 1133. Educgtion of Korean Conflict Veterans and Veterans of a Period of hostilities" (i) The table of chapters at the beginning of such title is amended by striking out ":13. EDUCATION OF KOREAN CONFLIc' VETERANS" and inserting in lieu thereof "33. EDUCATION OF KOREAN CONFLIC' VETERANS AND VETERANS OF A PERIOD OF [IOSTILITIES". SEC. 7. (a) Chapter 37 of title 38, United States Code, is amended by inserting immediately after section 1814 the following new section: "? 1818.! Veterans of a period of hostilities "(a) Each veteran who served on active duty during a period of hostilities shall be eligible for the benefits of this chapter, subject to the provisions of this section, if his total service was for a period of ninety days or more, or if he was discharged or released from a period of active duty, any part of which was served during a period of hostilities, for a serv ice-connected disability. "(b) No veteran shall be eligible for benefits under this section so long as he is eligible under this chapter for any unused benefits derived from service during World War II or the Korean conflict. Any veteran who is eligible for benefits under this section and who his obtained benefits under this chapter by reason of service during World War II or the Korean conflict shall have his benefits under this section reduced by- the amount of an benefits previously obtained under this chapter. Benefits shall not be afforded under this section to any individual on account of service as a commissioned officer of the Coast and Geo- detic Survey, or the Regular cr Reserve Corps of the Public Health Service. "(c) Loans may be made o_ guaranteed under this section in the case of any eligible veteran if made not more than ten years from the date of such veteran's discharge or release from his last period of active ditty, any part of which oc- eiirred during the period of hostilities on which his eligibility is based, plus alu additional period equal to on,- year for each three months of active duty per- Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2765 formed by the veteran in such area of hostilities, except that entitlement shall not continue in any case after January 31, 1985, nor shall entitlement expire in anry case prior to January 31, 1975. (d) If a loan report or an application for loan guaranty relating to a loan authorized by this section is received by the Administrator before the date of the expiration of the veteran's entitlement, the loan may be guaranteed or insured pursuant to the provisions of this section after such date; and if a commitment for a direct loan is issued by the Administrator on or before the date of expiration of the veteran's entitlement, the loan may be made after such date." (b) The table of sections at the,, beginning of chapter 37 of such title is amended by inserting below "1817. Boleaseftmnliability raider gaaraaty." the following: "1818. Veterans of a period of hostllitios." Sue, S. (a) Section 1901 (a) of title 38, United States Code, is amended by striking out "or the Korean conflict" and inserting in lieu thereof ", the Korean conflict, or a period of hostilities.". (b) Section 1905 of such title is amended by adding at the end thereof a now sentence as follows: In the case of any veteran whose eligibility under this chap- ter is based upon service performed during it period of hostilities and whose ditto of discharge or release from active military, naval, or air service preceded the date of enactment of this sentence, the five-year period referred to in the first sentence of this section shall not begin to run until such date of enactment," SEc. 9. (a) Section 2101(a) of title 38, United States Code, is amended by inserting immediately after "Korean conflict" the following: "or a period of hostilities". (b) Section 2101(b)(1) of such title is amended by striking out "if he is a coln- missioned officer," and inserting in. lieu 'thereof "if he is it commissioned officer whose eligibility under this chapter is based upon service during the Korean conflict,". (c) Section 2102(a) of such title is amended by- - (1) striking out "Mustering-out payment for persons eligible tinder section 2101 of this title shall be in sums as follows:" and inserting in lieu thereof the following: "(1) Mustering-out payment for persons whose eligibility under section 2101 of this tile is based on service during the Korean conflict shall be in sums as follows;"; (2) redesiguating paragraphs 11), (2), and (3) its subparagraphs (A), (B), and (C), respectively; and (3) adding at the end thereof a new paragraph as follows: "(2) Mustering-out payments for persons whose eligibility under section. 2101 of this title is based on service during a period of hostilities shall be in the sum of $300.". (d) Section 2102(b) of such title is amended by- (1) striking out in the first sentence "(a) (1)" and inserting in lieu thereof 11(a)(1)(A) or (a)(2)"; (2) striking out in the second sentence "(u)(2)" and inserting in lieu thereof "(a) (B)"; and (3 striking out in the third sentence "(a) (3)" and inserting in lieu thereof I (a)(1)(C)'' (o) Section 2104 of such title is amended by- (1) striking out in the first sentence "entitled to mustering-out payment" and inserting in lieu thereof "entitled to mustering-out payment by virtue of service performed during the Korean conflict and"; and (2) inserting after the first sentence a new sentence as follows: "Any member of the Armed Forces entitled to mustering-out payment by virtue of service performed during a period of hostilities and who was discharged or relieved from active duty under honorable conditions prior to the date of enactment of this sentence shall, if application therefor is made. within two years after the date of enactment of this sentence, be paid such payment by the Secretary concerned beginning within one month after application has been received and approved." SEO. 10. Chapter 53 of title 38, United States Code, is amended by adding at the end thereof a new section as follows: 3111. Authority of President To Designate Areas of Hostilities "In order that certain provisions of this title, applicable only to veterans who perform service during wartime, may be applicable to veterans who have Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2766 INDEMNITY OR INSURANCE FOR THE ARMED FORCES been called upon, during periods when the United States is not engaged in a for- mally declared war, to servo in areas of the world in which armed conflict or other warlike conditions exist, the President is authorized to designate by 1 Executive order any area of the world outside the United States as an area of hostilities, if he finds (1) that members of the Armed Forces will be called upon to serve in such area, and (2) ;h t while serving [it such area members of the Armed Forces are likely to bo subjected to armed eon (Vet or similar hazardous, warlike conditions. In designating any area of the world as an. area of hostilities the President shall identify suet area in geographic terms and shall, for purposes., of benefits under this title, specify the date on which such area becomes an area of hostilities, and, at such time as he finds that members of the Armed Forces ate, no longer serving in such. area or that warlike conditions no longer exist in such area, specify the date on which such area cease to be an area of hostilities." A BILL T&`amend tale as, United Stotts Code, to provide a program of death intlernnirioation for porson serving in. combat zones Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 10t of title 38, United States Code, is amende by addin~ at the one thereof the following: "(20) The term. combat zone' means any area determined by the President to be an area in which units of to Armed Forces of the United States are engaged in combat operations on or after the date of enactment of this paragraph and before such date as may be determined by Presidential proclamation. Such term Specifically includes the countries of Laos, Cambodia, and Vietnam, until the President determines that such countries are no longer 'combat zones'." Sc. u2. (a) Part 11 of title 38, United States Code, is amended by inserting immediately after chapter 17 thereof the following new chapter: "CHAPTER '18---COMBAT SERVICEMEN'S INDEMNITY "Sec. ?'860, Definitions, "061. Coverage irovidod. 662, Beneficiaries of lesurunee. "653, Waiver ofpromimns on other hrsurance. 650.: Definitions "For the purposes of this chapter- "(1) The form `child' does not include it stepchild unless the stepchild either was a member of the insureri's household, or was designated as a beneficiary un'tler this chapter by the insured, and the term does not include an illegitimate child unless the child was designai oil as a beneficiary under this chapter by the insured. "(2)j The term 'parent' includes a stepparent if designated as a beneficiary under,this chapter by the insured; and only includes the mother and father who last bore that relationship to the insured. "(3) The terms 'brother' and `sister' include those of the haliblood and those throe h adoption. "(4) The term `United States', when used in a geographical sense, means the several Stator and possessiens of the United States, the District of Columbia, and the Commonwealth of Putu to Rico. 651. Coverage provided "(a) Each member of the Armed Forces on active duty in a combat zone. after the, date of enactment of this chapter is automatically insured by the Tinted States, without cost to such member, against death on active duty while in a combat zone and for one hundred aunt twenty days thereafter. "(b) The insurance provided by subsection (a) shall be in the. amount of $10,000, reduced by the amount of United States Government life insura?nec national service life. insurance, and commercial life insurance held by the insured and in force at the time of his death. 652. Beneficiaries of irsmance "(a) Upon certification by the Secretary concerned of the death of any member insured under section 651 of this title, the Administrator shall pay the insurance only to the surviving spiuse, children, parents, or brothers and sisters of the insured. The insurance e,hall be paid in a lump sum. Approved For Release 20031' N'6TA?I*bObI 49ftd73gt)d2"08'VcEs 2767 "(b) The insured may designate the beneficiaries of the insurance within the classes named in subsection (it); may designate the proportion of the principal amount to be paid to each; and may change beneficiaries within the classes without their consent. _ "(c) If a designated beneficiary does not survive the insured, or if none has been designated, payment shall be made to the first eligible beneficiary among the classes and in the order named in subsection (a); and if the class is composed of more than one individual, payments shall be made in equal shares among such individuals. "(d) No payments shall be made under this chapter to the estate of any deceased individual. 653. Waiver of premiums on other insurance "(a) Any member of the, Armed Forces may apply for, and shall be granted, waiver of premiums under this section on any policy of national service life in- surance or United States Government life insurance for periods during which he is in a combat zone and for one hundred and twenty days thereafter. Any such waiver shall render the insurance nonparticipating while the waiver is in effect. "(b) While any waiver of premiums is in effect under this section- "(1) all premiums on five-year level premium term insurance shall be waived; and 11(2) the portion of premiums on all other insurance which represents the pure insurance risk shall be waived; effective as of the first day of the first calendar month beginning after the member first servos in it combat zone, and ending as of the last day of the first calendar month beginning more than one hundred and twenty days after lie leaves it combat zone. "(c) Where benefits under any policy of insurance, under waiver of premiums under this section become payable, liability for such benefits shall be borne by the United States in an amount which, when added to any reserve of the policy at the time of maturity, will equal the then value of such benefits. Computationsof such benefits shall be based upon the same tables and rates of interest as apply with respect to the, policy involved. The Administrator shall from time to time, transfer from the national service life insurance appropriation to the national service life insurance fund, and from the military and naval insurance appropria- tion to the United StatesGovernment life insurance fund such sums as may be necessary to carry out this subsection." (b) The table of chapters at the head of chapter 11 of title 38, United States Code, is amended by inserting immediately below- the line beginning "17." the following: "1,8. Combat servicemen's indemnity." (e) The table of chapters at the head of title, 38, United Slates Code, is amended by inserting immediately below the line beginning "17." the following: - "18, Conthat servicemen's indemnity." - pLR. 5901, 89th cong., lit sees.] - AT ILL To amend title 38 of the United status Code to provide a program of bunranco for members of the Armed porous who are ratable to obtain emnnmreial insurance at standard rates because of being ,..signed to duty in a annbat zone or Performing extrah ae ardous duty Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subchapter I of chapter 19 of title 38, United States Code, is amended by adding at time cad thereof Be following new' section: ? 726. Insurance for certain members of the Armed Forces " (a) Any member of the Armed Forces who makes application in writing to the Administrator in such form as the Administrator proser]bcs and establishes to the satisfaction of the Administrator that he cannot obtain commercial life insurance at a standard rate - "(1) because of the nature of the duties he performs, as such a member, or "(2) covering him in any place to which, he may be ordered its such a member, shall, upon payment of the required premiums, be issued insurance under this Approved For Release (2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For ReleaW,lO i4tW t1AHRDP637zF04t%ROm8S06 OOO54CES '(b) Insurance issued under this section shall be issued upon the same term:, and conditions as are contained in the standard policies of national service life insurance except that (1; limited convertible term insurance may not be issued or renewed on the total phur after the insured's fiftieth birthday; (2) the premium rates for such limited convertible term or permanent plan insurance shall be based on table X-18 (1950-54 Intercompany Table of Mortality) and interest at the rate of 2% per centum pe., annum; (3) all settlements on policies involving annuities on insurance issued under this section shall be calculated on the basis of The Annuity Table for 1949 and interest at the rate of 2) per centum per annum; (4) all cash, loan, paid-u3, and extended values, and, except as otherwise provided in this section, all. other calculations in connection with insurance issued under this section shall be bagel on table X-18 (1950-54 Intercompany Table of Mortal- ity) and interest at the :ate of 2ya per centum per annum; (5) insurance and any total disability provision added thereto issued under this section shall be on a nonparticipating basis Ind all premiums and other collections therefor shall be credited directly to a revolving fund established in the Treasury of the United States and payments on such insurance and any total disability provision added thereto shall be made directly from such fund. "(c) There are authorized to be appropriated such sums as may be required to provide capital for such revolving fund. Such appropriations shall be advanced ton the revolving fund its needed and shall bear interest as determined by the Secretary of the Treasury, taking into consideration the average yield on all marketable interest-bef.ring obligations of the United States of comparable maturities then forming a part of the public debt and shall be repaid to the Treasury over a reasonable perioc of time. '(d) The Administrator is authorized to set aside out of the revolving fund established under subsection (b) of this section such reserve amounts as may be required under accepted actuarial principles to meet all liabilities on insurance issued under this seetim and any total disability income provision aiitached thereto. The Secretary of the Treasury is authorized to invest in and to sell and retire special interest-hearing obligations of the United States for the account of the revolving fund. Such obligations issued for this purpose shall have matu- rities fixed with due re;ard for the needs of the fund and shall bear interest at a rate equal to the an erage market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the dat: of issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after tic expiration of four years from the end of such calendar month; except that wl ere such average market yield is not a multiple of one- eighth of 1 per contain, the rate of interest of such obligation shall be the multiple of one-eighth of 1. per centum nearest such market yield. "(c) The insurance provided by this section shall be in the amount of $10,000, reduced by the amount of United States Government life insurance, national service life insurance, f,nd commercial life insurance held by the insured and in force at the time of hit death." i (b) The analysis of subchapter I of chapter 19 of title 38, United States Code, is amended by adding it the end thereof the following: ' 26. Insurance for certain me tubers of the Armed Forces." Site. 3. The amendrrents made by this Act shall take effect on the sixtieth day after the date of its enactment. [II. It. 6161, 89th Cong., lit suss.] A BILL To amend title 38, l failed States Code, to provide wartime rates of disability compensation for veterans disabled from injury or disease incurred or aggravated by overseas service and free insurance protection for members of tl ae Armed Forces serving overseas Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 336 of title 38, United States Code, is amended by striking out "or (3)" and inserting in lieu thereof "(3)", and by inserting immediately zefore the period at the end thereof the following: ", or (4) after the date of enactment of this clause and while performing active duty out- side the continental United States Hawaii, the Commonwealth of Puerto Rico, and the possessions of the United States". Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCER 2769 Sc. m2. (a) Part II of title 38, United States Code, is amended by inserting immediately after chapter 17 thereof the following new chapter: "For the purposes of this chapter- "See . . 2650, Definitions. 51. Coverage provided. 652. Beneficiaries of insurance. 663, waiver of premiums on other insurance. 650. Definitions "(1) The term 'child' does not include a stepchild unless the stepchild either was a member of the insured's household, or was designated as a beneficiary under this chapter by the insured, and the term does not include an illegitimate child unless the child was designated as a beneficiary under this chapter by the insured. "(2) The term 'parent' includes a stepparent if designated as a beneficiary under this chapter by the insured; and only includes the mother and father who last bore. that relationship to be insured. "(3) The terms 'brother' and 'sister' include those of the halfblood and those through adoption. "(4) The term 'United States', when used in a geographical sense, means the several States and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. 651. Coverage provided "(a) Each member of the Armed Forces on active duty outside the United States after the date of enactment of this chapter is automatically insured by the United States, without cost to such member, against death on active duty while outside the United States. "(b) The insurance provided by subsection (a) shall be in the amount of $10,000, reduced by the amount of United States Government life insurance or national service life insurance held by the insured and in force at the time of his death. 652. Beneficiaries of insurance "(a) Upon certification by the Secretary concerned of the death of any member insured under section 651 of this title, the Administrator shall pay the insurance only to the surviving Spouse, children, parents, or brothers and sisters of the insured, The insurance shall be paid in it lump sum. "(b) The insured may designate the beneficiaries of the insurance within the classes named in subsection (a); may designate the proportion of the principal amount to be paid to each; and may change beneficiaries within the classes with- out their consent. "(c) If a designated beneficiary does not survive the insured, or if none has been designated, payment shall be made to the first eligible beneficiary among the classes and in the order named in subsection (a); and if the class is composed of more than one individual, payments shall be made in equal shares among Such individuals. "(d) No payments shall he made under this chapter to the estate of any deceased individual. "? 653. Waiver of premiums on other insurance "(a) Any member of the Armed Forces may apply for, and shall be granted, waiver of premiums under this section on any policy of national service life insurance or United States Government life insurance for periods during which he is outside the United States. Any such waiver shall ronder the insurance non- participating while the waiver is in effect. "(b) While any waiver of premiums is in effect under this section- "(1) all premiums on five-year level premium term insurance shall be waived; and "(2) the portion of premiums on all other insurance which represents the pure insurance risk shall be waived; effective as of the first day of the first calendar month beginning after the member is first outside the United States, and ending as of the last day of Lho first calendar month beginning after he thereafter enters the United States. "(o) Where benefits under any policy of insurance under waiver of premiums under this section become payable, liability for such benefits shall be borne by the United States in an amount which, when added to any reserve of the policy at the Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2770 INDEMNITY OR INSURANCE FOR THE ARMED FORCES time of maturity, will elual the then value of such benefits. Computations of such benefits shall be, bleed upon the same tables and rates of interest as apply with respect to the polity involved. The Administrator shall from time to time transfer from the national service life insurance appropriation to the national service life insurance fund, and from the military and naval insurance appropria- tion to the United States Government life insurance fund such suers as may be necessary to carry out this subsection." (b) The table of chapters at the head of part II of title 38, United States Code, is amended by inserting immediately below the line beginning "97." the following: "is. Overseas Servicemen's Ineeinntty." (c) The table of chapters at the head of title 38, United States Code, is amended by inserting immediately below the line beginning "17." the following: 1118. Overseas Servicemen's Indemnity." A BILL To amend 000 38 of i he United States Code to provide a Program of insurance for members of the Armed Forces who sic unable to obtain commercial insurance at standard rates because of befr g assigned to duty in a combat zone or performing extrahazerdous duty Be it enacted by the Senate and House of Representatives of the United Slates of America in Congress assembled, That (a) subchapter I of chapter 19 of title 38, United States Code, is amended by adding at the end thereof the following new section: ? 726. Insurance for certain members of the Armed Forces " (a) Any member of the Armed Forces who makes application in writing to the Administrator in inch forte as the Administrator prescribes and establishes to the satisfaction of the Administrator that lie cannot obtain commercial life insurance at a standard rate` "(I) because of the nature of the duties he performs as such a cnenrber, or "(2) covering 'rim in any place, to which he may be ordered n.s such a member, shall, upon payment of the required premiums, be issued insurance under this section. (b) Insurance iss'ied under this section shall be issued upon the same terms and conditions as arr contained in the standard policies of national service life insurance except tha. (1) limited convertible term insurance may not be issued or renewed on the teem plan after the insured s fiftieth birthday (2) the premium rates for such limited convertible term or permanent plan insurance shall be based on table X-18 (1950-5:3 Intercompany Table of Mortality) and interest at the rate of 2% pe centtern per annum (3) all settlements on policies involving annuities on. insuran rc issued under this section shall be calculated on the basis of The Annuity Table for 1949, and interest at the rate of 2- per eentum per annum ; (4) all cash, loan, pa d-up, and extended values, and, except as otherwise provided in this section, all other calculations in connection with insurance issued under this section shall be based on table X-18 (1950-54 Intercompany Table oft Mortality) and interest at the rate of 2% per centum per annum; (5) insurance and any total disability prolision added thereto issued under this section slza.ll be on a nonparticipating basis and all premiums and other collections therefor shall be credited directly to a revolving fund established in the Treasury of the United States and paymern on such insurance and any total disability provision added thereto shalt be, made directly front such fund. "(c) There are aithorizod to he appropriated such dome as may be required to provide capital fc r such revolving fund Such appropriations shall be advanced to the revolving fi ad as needed and shall boar interest its determined by the Secretary of the Treasury, talking into consideration the average yield on all marketable interest-bearing obligations of the United States of comparable maturities then f(a?neing a part of the public debt and shall be repaid to the Treasuryy over a reasonable period of time. "`(d) the A.dminhdrator is authorized to set aside out of the revolving fund established under subsection Ib) of this section such reserve amounts as may be required render ac3cpted actnrial principles to meet all liabilities on insurance issued under this se ction and any total disability income provision attached thereto. The Secretary of Im Treasury is authorized 16 invest in and to sell and retire spe- cial interest-bcarimg obligations of the incited States for the account of the revolving fund. I iuch obligations issued for this purpose shall have maturities Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/1i tAYI P 6M4BR't '0g 2'P8 -SFoxCES 2771 fixed with due regard for the needs of the fund and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next pre- ceding the date of issue.) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not it multiple of one-eighth of 1 per couture, the rate of interest of such obligation shall be the multiple of one.- eighth of 1 per centum nearest such. market yield. "(e) The insurance provided by this section shall be, in the amount of $10,000, reduced by the amount of United States Government life insurance, national service life insurance, and commercial life insurance held by the insured and in force at the time of his death." (b) The analysis of subchapter I of chapter 19 of title 38, United States Code, is amended by adding at the end thereof the following: "726. Insurance for certain members of the Armed Forces." SEC. 3. The amendments made by this Act shall take effect on the sixtieth day after the date of its enactment. llt.R. 6351, 89th Cong., 1st sess.l A BILL To amend title 38 of the United States Code to provide a program of insurance for members of the Armed Forces who are unable to obtain conunerelal insurance at standard rates because of bring assigned to duty in a combat zone or performing extrahazardous duty Be it enacted by the Senate and House of Itepresantatives of the United States of America in Congress assembled, That (a) subchapter I of chapter 19 of title 38, United States Code, is amended by adding at the end. thereof the following now section: "? 726. Insurance for certain members of the Armed Forces "(a) Any member of the Armed Forces who makes application in writing to the Administrator in such form as the Administrator prescribes and establishes to the satisfaction of the Administrator that he cannot obtain commercial life insurance at a standard rate "(1) because, of the nature of the duties he performs as such a member, or (2) covering him in any place to which he may be ordered as such it member, shall, upon payment of the required premiums, be issued insurance under this section. "(b) Insurance issued under this section shall be issued upon the same terms and conditions as are contained in the standard politics of national service life, insurance except that (1) limited convertible term insurance may not be issued or renewed on the term plan after the insured's fiftieth birthday; (2) the premium rates for such limited convertible term or permanent plan insurance shall be based on table X-18 (1950-54 Intercompany Table of Mortality) and interest at the rate of 2% per centum per annum; (3) all settlements on policies involving annuities on insurance issued under this section shall be calculated on the basis of The Annuity Table for 1949, and interest, at the rate of 24 per centum per annum; (4) all cash, loan, paid-up, and extended values, and, except as otherwise provided in this section, all other calculations in connection with insurance issued under this section shall be based on table X--18 (1950-54 Intercompany Table of Mortality) and interest at the rate of 2dd per centum per annum; (5) insurance and any total disability provision added thereto issued under this section shall be on a nonparticipating basis and all premiums and other collections therefor shall be credited directly to a revolving fund established in the. Treasury of the United States and payments on such insurance and any total disability provision added thereto shall be made directly from such fund. ''(c) There are authorized to be appropriated such sums as may be required to provide capita]. for such revolving fund. Such appropriations shall be advanead to the revolving fled its needed and shall bear interest as determined by the Secretary of the Treasury, taking into consideration the average yield on all marketable interest-bearing obligations of the United States of comparable maturities then forming a part of the public debt and shall be repaid to the Treasury over a reasonable period of time, Approved For ReIe2003/11/04 : CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES "(d) The Administrator is authorized to set aside out of the revolving fund established under subsection (b) of this section such reserve amounts as may be required under accepted actuarial principles to meet all liabilities on insurance issued under this section and any total disability income provision attached thereto. The Secretary of the Treasury is authorized to invest in and to sell and retire special interest-tearing obligations of the United States for the account of the revolving fund. Such obligations issued for this purpose shall have ma- turities fixed with due rogtrd for the needs of the fund and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue) on all marketable interest-bearing obligations of the United States then fo'ming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not it multiple of one- eighth of 1 per centum, the rate of interest of such obligation shall be the multiple of one-eighth of 1 per centum nearest such market yield. "(e) The insurance pros ided by this section shall bo in the amount of $10,000, reduced by the amount cf United States Government life insurance, national service life insurance, and commercial life insurance held by the insured and in force at the time of his death." (b) The analysis of subchapter I of chapter 19 of title 38, United States Code, is amended by adding at the end thereof the following: "726. Insurance for certain members of the Armed Forces." Spc. 3. The amendments made by this Act shall take effect on the sixtieth clay after the date of its enacer lent. A BILL To amend title 38 of the United States Code to authorize wartime benefits for veterans who, during peacetime, have engaged in hostilities overseas in furtherance of the Nation's interests, and for other purposes Be it enacted by the Senile and House of Representatives of the United States of America in Congress assembled, That this Act shall be known as the "Cold War Veterans' Assistance Act". TITLE I-TO ELIMINATE THE DIFFERENTIAL BETWEEN THE WARTIME AND PEACETIME RATES OF DISABILITY AND DEATH COMPENSATION Sec. 101. Chapter 11 0_' title 38, United States Code, is amended as follows: (1) By striking on; paragraph (2) of section 301 and redesignatiug petra- graphs (3) and (4) as paragraphs "(2)" and "(3)", respectively; (2) By striking out "Wartime" in the treading of subchapter If thereof; (3) By striking oul"during a period of war," in section 310 thereof; (4) By striking out. "during a period of war" in section 312 thereof; (5) By striking oul, "wartime" in the heading of section 314 thereof; (6) By striking out "Wartime" in the heading of subchapter III; i (7) By striking out "during a period of War," in section 321; (8) By striking out "wartime" in the heading of section 322; (9) B repealing subchapters IV and V; (10) By striking out the subchapter heading immediately before section 351 and inserting in lieu thereof the following: "subchapter IV-General?Compensation Provisions;"',. and (11) By repealing the provisions of section 357 and the heading thereof. SEC. 102. The analysis if chapter 11 of title 38, United States Code, is amended as fellows: (1) By striking on; "SUueaAFTER II-Wartime" and inserting in lieu ;licrcof Approved For Re1ea?'fl24YG3F11'104 : CIA-RDP67B00446R000500210005-9 Approved For Release 200311 1 IRDP64SOO445RO 5=1+COFu9FoRcEs 2773 (2) By striking out "SlrReSAPTER 111-Wartime" and inserting in lieu thereof 1iSUneiArTER III-"; (3) By striking out "322. Rates of wartime" and inserting in lieu thereof "822. Rates of"; (4) By striking out "SesenarTha IV" and all that follows down through "SUFCirAPTER VI-General Canpensatlon Provisions" and inserting in lieu thereof the following: "snacnarana IV-GENERAL COMPENSATION PROVISIONS"; and (5) By striking out "357. Combination of certain ratings." SEC. 1Q3. The amendments and repeals made by this title shall take effect on the first day of the first calendar month which begins more than sixty days after the date of enactment of this Act. TITLE II-BENEFITS FOR VETERANS OF AREAS OF HOSTILITIES SEC. 201. Section 101 of title 38, United States Code, is amended by adding at the end thereof the following: "(20) The term 'area of hostilities' means any area determined by the President to be an area in which units of the Armed Forces of the United States have served overseas in any combat capacity, as may be determined by the President, and the term 'period of hostilities' means the period during which such service was rendered as determined by the President. Such terms specifically include service in Vietnam, until the President determines that Vietnam is no longer an area of hostilities and the period of hostilities there has ended." SEc. 202. (a) The table of sections at the beginning of chapter 37 of title 38, United States Code, is amended by inserting immediately below "1817. Release Iran liability under guaranty." .the following "1818. Veterans who serve In an area of hostilities." (b) Such chapter 37 is further amended by inserting immediately after section 1817 the following new section: ?1818. Veterans who serve In an area of hostilities "(a) Each veteran who has performed active duty in an area of hostilities shall be eligible for the benefits of this chapter in the same manner and to the same extent as though his service had been performed during World War II or the Korean conflict. "(b) Where a veteran is or was elibible for the benefits of this chapter on account of service during World War II or the Korean conflict, he shall not be eligible for the benefits of this section-- "(A) except to the extent that his entitlement based on World War II or Korean conflict service has not been used; and "(B) until he is no longer eligible for such unused benefits based on World War II or Korean conflict service. "(e) Loans may be guaranteed under this section if made before the expiration of ten years after the discharge or release of the veteran from a period of active duty, any part of which was performed in an area of hostilities. In addition, if a loan report or an application for loan guaranty is received by the Administrator before the expiration of such 10-year period, not to exceed one year will be allowed Approved For Release 2003/11/04x: CIA-RDP671306 H 18~0b~5 n?e of guaranty." Approved For ReldK420OWtM4rYOlAaBP67M446ROITOBGO695a9'S HOSPITALIZATION Sac. 203. Paragraph. (1) of section 101 of title 38, United States Code, is amended to read as follows: "(11) The term 'period of war' means the Spanish-American War, World War I, World War 11, the Korean conflict, the period beginning on the date of any future declaration of war by the Congress arid ending on a date proscribed by Presidential proclamation or concurrent resolution of the Congress, and includes, in the case of any veteran who has served in an area of hostilities, the period of such service." PENSION TO VETERANS AND THEIR WIDOWS AND CHILDREN SEC. 204. (a) (1) Subseet on (a) of section 521 of title 38, United States Coda is amended by inserting immediately after "Korean conflict," the following: "and to each veteran of service in an area of hostilities,". (2): Subsection (f) of such section 521 is amended by striking out "or" at the end of paragraph (3); by striking out the period at the end of paragraph (4) and inserting in lieu thereof "; or", and by adding at the end thereof the following: "(5) in an area of hostilities." (3)!. The eatchline of such section 521 is amended by adding at the end thereof ", or of service in an area if hostilities". (4)'i Item 521 in the analysis of chapter 15 of title 38, United States Code, is amended by inserting immediately before the period at the end thereof the, following: or of service, in an area of hostilit.es". (b)(1) Subsection (a) of sections 541 and 542 of title 38, United States Code, are each amended by inserting immediately after "or the Korean conflict" the follow- ing: "or of service in an area of hostilities". (2) Paragraph (1) of subsection (c) of section 541 of title 38, United States Code, is amended by inserting immediately after "Korean conflict veteran" the following: ", or (D) the eI piration of ten years after the end of his servicein a combat zone, in the case of P. widow of it veteran of service in an area of hostilities (3) The catehlines of such sections 541 and 542 are each amended by striking out "or Korean conflict" and inserting in lieu thereof "Korean conflict, or an area of hostilities". (4) Items 541 and 542 of the analysis of chapter 15 of title 38, United States Code, are each amended b:r striking out "or Korean conflict" and inserting in lieu thereof "TCorean conflict, or an area of hostilities". ASSISTANCE IN ACQUIRING SPECIALLY ADAPTED AUTOMOBILES SEC. 205. (a) Section 1901. (a) of title 38, United States Code, is amended by inserting immediately after ".Korean conflict" the following: "or during service in an area of hostilities". (b)~(1) Section 1905 of title 38, United States Code, is repealed. (2)I Item L905 in the analysis of chapter 39 of title 38, United States Code, is repealed INSURANCE PROTECTION Sec. 206. (a) Part II of title 38, United States Code, is amended by inserting immediately after chapter 17 thereof the following now chapter: "CHAPTER I8-SERVICEMEN'S INDEMNITY FOR SERVICE IN AN AREA OF HOSTILITIES "650. Definitions. 661. Coverage provided. 652. tienoftciaries of insurance. "653. Waiver of pram iunrs on othe' insurance. 650. Definitions "For the purposes of this chapter -- "(1) The term `child' does not include a stepchild unless the stepchild either was it member of the insured's household, or was designated as it beneficiary Approved For Rele' S 2"obl f ~I'Wflr4bYGtiI-1 1~ 7"g'b 4t6*'0(6tdb2i~ ~l~~ a illegitimate 1NDEMN11Y OR ortCEs 2775 Approved For Release 2003/11/04: CIA-RDPb~R~O~29F child unless the child was designated as a beneficiary under this chapter by the insured. "(2) The term 'parent' includes a stepparent if designated as a beneficiary under this chapter by the insured; and only includes the mother and father who last here that relationship to the insured. "(3) The terms `brother' and `sister' include those of the half blood and those through adoption. "(4) The term States', when used in several States arid possessions of the United Staes,lth District of Columbia, and the. Commonwealth of Puerto Rico. 651. Coverage provided "(a) Each member of the Armed Forces on active duty in an area of hostilities after the date of enactment of this chapter is automatically insured by the United States, without cost to such member, against death on active duty while in all area of hostilities and for one hundred and twenty days thereafter. by the finsurance amount of provided Uittedsubsection reduced States l Government life tinsinsurance amount o of national service life insurance held by the insured and in force at the time of his death. "? 652. Beneficiaries of insurance "(a) Upon certification by the Secretary concerned. of the death of any member insured under section 651. of this title, the Administrator shall pay the insurance only to the surviving spouse, children, parents, or brothers and sisters of the insured. The insurance shall be paid in a lump sum. "(b) The insured may designate the beneficiaries of the insurance within the classes named in subsection (a); may designate the proportion of the principal amount to be paid to each; and may change beneficiaries within the classes without their consent. "(c) if it designated beneficiary does riot survive the insured, or if none has been designated, payment shall be made to the first eligible beneficiary among the classes and in the order named in subsection (a); and if the class is composed of more than one individual, payments shall be made in equal shares among such individuals. "(d) No payments shall be made under this chapter to the estate of any deceased individual. "? 653. Waiver of premiums on other insurance "(a) Any member of the Armed Forces may apply for, and shall be granted, waiver of premiums under this section on any policy of national service life insurance or United States Government life insurance for periods during which lie is in an area of hostilities and for one hundred and twenty days thereafter. Any such waiver shall render the insurance nonparticipating while. the waiver is in effect. "(b) While any waiver of premiums is in effect under this section- "(1) all premiums on five-year level premium term insurance shall be waived; and "(2) the portion of premiums on all other insurance which represents the pure insurance risk shall be waived; effective as of the first day of the first calendar month beginning after the member first serves in an area of hostilities, and ending as of the last day of the first calendar month beginning more than one hundred and twenty days after he leaves an area of hostilities. under "(c) this Where benefits section become tinder payable, liability for insurance benefits shall be waiver of premiums the United States in an amount which, when added to any reserve of the policy at the time of maturity, will equal the then value of such benefits. Computations of such benefits shall be based upon the same tables and rates of interest as apply with respect to the policy involved. The Administrator shall from time to time transfer from the national service life insurance appropriation to the national service life insurance fund, and from the military and naval insurance, appro- priation to the United States Government life insurance fund such sums as may be necessary to carry out this subsection." (b) The table of chapters at the head of chapter 11 of title 38, United States Code, is amended by inserting immediately below the lino beginning "17." the following: "18. Servicemen's Indemnity for Service in an Area of IIostlities." Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Reigi7 20bYf R'YG I-W6~604~46R000500210005 95 (c) The table of ehapteri at the head of title 38, United States Code, is amended by inserting immediately telow the line beginning "17." the following: "18. ;Servicemen's Indemnity for Service in an Area of Hostilities." DECORATIONS Sen. 207. For the purposes of award of all decorations and awards authorized for members of the Armed Forces, service by a member of the Armed Forces in an area of hostilities (as defined in title 38, United States Code) shall be treated the same as if it were as service in combat in time of war declared by the Congress. Svc. 208. The President, acting through the Administrator of Veterans' Affairs is authorized to make bars for the purchase or construction of homes to veterans of service in the Armed Flrcos of the United States during World War II or the Korean conflict, or who have served in an area of hostilities during it period of hostilities (as defined in title 38, United States Code, as amended by this Act), who are residing in foreign countries, where such veterans would, if residing in the United States, be entitled to assistance under title 38, United States Code, in obtaining a guaranteed or insured loan for the purchase or construction of a home. Sue. 209. For the purpose of making loans under section 208 of this Act, the President is authorized to make available in such amounts as may be specified from time to time in appropriation Acts, foreign currencies accruing under the Agricultural Trade Devclrptnent and Assistance Act of 1954. Svc. 210. The maximum amount of any loan which may be made to it veteran under section 208 of this Act, who is residing abroad, shall not exceed the equiva- lent of $10,000. The teams of repayment of such loans, provisions relating to security therefor, and othnr provisions with respect to such loans and their repay- ment, shall be prescribed by the President, acting through the Administrator of Veterans' Affairs, in general conformity to provisions applicable to direct loans wade under title 38, United States Code, with such modifications as the President may determine to be req Tired by conditions in the foreign country in which the loan is made: Provided, however, That the amount of any loan made under the pro- visions of this Act would become immediately due and payable if the veteran to whc{m such loan is made sells or otherwise disposes of the real property for which such loan was made. [h.R. 9728, 80th Cong., 1st sess.] A BILL To amend title 38, Unite 3 states Code, in order to provide special indemnity insurance for members of the Armed Forces serving in combat zones Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 19 of title 38, United States Code, is amended by adding at the end thereof a new section as follows: ? 789. Special indemnity insurance for members of the Armed Forces serving in combat zones `? (a) Any person on a )tive duty with the Armed Forces in a combat zone shall, as provided in this sectio i, be automatically insured by the United States without cost to such person, agrust death in the principal amount of $10,000. Such person shall be insured during the time that lie serves in a combat zone, and shall be, 'deemed to have been serving in a combat zone at the time of his death if he dims outside of a combat .one and (1) his death is determined by the Administrator to have been the direct n esult of an injury or disease Iineurred while serving in a combat zone, and (2) the injury or disease from which such person died was in- curred not more than two years prior to death. !`(b) Upon certificatic n by the Secretary of the military department concerned of the death of any per[ on automatically insured under this section, the ~Adinin- istrator shall cause the i rdemnity to be paid as provided in subsection (c) (nly to the surviving spouse, elild, or children (including a stepchild, adopted child, or an illegitimate child, if the latter was designated as beneficiary by the insured), parent (including a stepparent, parent by adoption, or person who stood in loco parentis to the insured at any time prior to entry into the active service for a period of not less than cne year), brother, or sister of the insured, including those of the half blood and those through adoption. The insured shall have the right to designate the beneficiary or beneficiaries of the indemnity within the classes heroin provided; to designate the proportion ot the principal t amount o to ho paid 6itD each o only Approved For Release If nacre t1Et5pe bed u%h000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2777 within the classes herein provided. If the designated beneficiary or beneficiaries do not survive the insured, or if none has been designated, the Administrator shall make payment of the indemnity to the first eligible class of beneficiaries according to the order set forth above, and in equal shares if the class is composed of more than one person. Unless designated otherwise by the insured, the term `parent' shall include only the mother and father who last bore that relationship to the insured, Any installments of an indemnity not paid to a beneficiary during such beneficiary's lifetime shall be paid to the named contingent beneficiary, if any; otherwise, to the beneficiary or beneficiaries within the permitted class next entitled to priority, but no payment shall be made to the estate of any deceased person. "(e)1,The indemnity shall be payable in equal monthly installments of one hundred and twenty in number with interest at the rate of 2}q per venture, per annum. "(d) In the event any person was covered at the time of his death by auto- matic indemnity under this suction and was also insured against such death under a contract of national service life insurance or United States Government life insurance, the indemnity authorized to be paid hereunder shall be a principal amount equal to the difference between the amount of insurance in force at the time of death and $10,000. "(c) The Administrator is authorized to promulgate such rules and regulations, not inconsistent with this section, as are necessary or appropriate to carry out its purposes. (f) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated., such sums as may be necessary to carry out the provisions of this section for the payment of liabilities under this section. "(g) Any person guilty of mutiny, treason, spying, or desertion shall forfeit all rights to an indemnity under this section, but restoration to active duty after commission of any such offense shall restore all rights under this section. No indemnity shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy, as defined by the President. "(h) As used in this section, the form `combat zone' moans any area outside the United States in which it is determined by the President that units of the Armed Forces are engaged in combat operations, The geographical limits of any such area shall be defined by the President and such area shall be considered a combat zone for purposes of this section during such period as may be prescribed by Presidential proclamation. Such term shall specifically include those areas outside the United States determined by the President to be areas in which units of the Armed Forces of the United States have engaged in combat operations on or after January 1, 1962, and before such date as may be determined by Presiden- tial proclamation." (b) The analysis of subchapter III of chapter 19 of such title is amended by adding at the end thereof the following: "789. Special indemnity Insurance for meinbpr9 of the Armed Forces serving in combat eons.". [MR. 9745, 81)0, Cong., 1st sess.3 A. BILL PD amend title 38, United States Code, to provide wartime rates of disability compmwation for veterans disabled from intiry or diseaso ineurrod or aggravated by overseas service and trey fteurmme protection for members a the Armod Forces serving overseas. Be it enacted by the Senate and House of Representatives bf the United States of America in Congress assembled, That section 336 of title 38, United States Code, is amended by striking out "or (3)" and inserting in lieu thereof "(3)", and by resorting immediately before the period at the end thereof the following: ", or (4) after the date of enactment of this clause and while performing active duty outside the continental United States, Hawaii, the Commonwealth of Puerto Rico, and the possessions of the United States". Sec. 2. (a) Part If of title 38, United States Code, is amended by inserting immediately after chapter 17 thereof the following new chapter: "CHAPTER 18-OVERSEAS SERVICEMEN'S INDEMNITY "Sec. "650. Definitions. "651. Coverago provided. "652. 15eaefcinrfes of insurance. "653, Waiver of premiums on other hnsurance, Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2778 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 650 Definitions "For the purposes of this chapter-- "(1) The term 'child' does not include a stepchild unless the stepchild either was a member of the insured's household, or was designated as it heneficiary under this chapter by the insures, and the term does, not include an illegitimate child unless the child was designs led as a beneficiary under this chapter by the insured. "(2) The term 'parent' includes it stepparent if designated as a beneficiary under this chapter by the insured; and only includes the number and father who last born that relationship o the insured. "(3) The terms 'brother and 'sister' include those of the, halfblood and those through adoption. "(4) The term 'United States', when used in a geographical sense, means the several States and posses: ions of the United States, the District of Columbia, and the Commonwealth of Puerto Rice. 1141. Coverage provided "(it) Each member of he Armed Forces on active duty outside the United States after the (late of enactment of this chapter is automatically insured by the United States, without Best to such member, against death on active duty while outside the United States. " (b) Theinsurancc provided by subsection (a) shall he in the. amount of $10,000, reduced by the amount of United States Government life insurance, or national service life insurance hold by the insured and in force at the time of his death. 652. Beneficiaries of insurance ';'(n) Upon certification by the Secretary concerned of the death of any rpember ses red under section 65 t of thus title, the Aduriruetrator shall pay the insurance only to the surviving spouse, children, parents, or brothers and sisters of the in- sured. The insurance shall be paid in a lump sum. (b) The insured nra:' designate the beneficiaries of the insurance within the classes named in subsection (a); may designate the proportion of the principal amount to be paid to each; and may change beneficiaries within the classes without their consent. "(c) If a designated beneficiary does not survive the insured, or if none has been designated, payment shall be made to the first eligible beneficiary among the gasses and in the : der named in subsection (a); and if the class is composed of more, than one individual, payments shall be made in equal shares among such individuals. "(d) No payments shall be made tinder this chapter to the estate of any deceased individual. '?? 653. Waiver of preniunrs on other insurance "(a) Any member of the Armed Forces may apply for, and shall be granted, waiver or premiums under this section on any policy of national service life insur- anee of United States Government life insurance for periods during which he is Outside the United Stai es. Any such waiver shall render the insurance ngnpartlei- pating while the waiver is in effect. "(b) While any waiver of premiums is in effect under this section- " (1) all premiums on five-year level premium term insurance shall kre waived; and "(2) the portion of premiums on all other insurance which represents the pure insurance ri ;k sha11 be waived; effective as of the first day of the first calendar month beginning after the member is first outside the TJn led States, and ending as of the last day of the first calendar month beginning after he thereafter enters the United States. "(c) Whom benefits: under any policy of insurance under waiver of premiums under this section bacgme payable, liability for such benefits shall be borne by the United States in an amount which, when added to any reserve of the policy at the time of maturity, will equal the then value of such benefits. Computa- tions of such benefitai shall be based upon the same tables and rates of interest as apply with respect to the policy involved. The Administrator shall from time to time transfer from the national service life. insurance appropriation. to the national service life insurance fund, and from the military and naval insurance appropria- tion to the United States Government life insurance fund such sums as may be necessary to carry cut this subsection." Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2779 (b) The table of chapters at the head of part, II of title 38, United States Code, is amended by inserting immediately below the line beginning "17." the following: "18. Overseas 9orvicerceris Indemnity. " (e) The table of chapters at the head of title 38, United States Code, is amended by inserting immediately below the line beginning "t7." the following: 1118. Overseas Sorvlcemon's Indemnity." 11I.It. 1005.3, 80th Cong., 1st.sess.] A DSLL To anmad tak, 88, United States Code, to provide wardhno rats of IlsnlriliLY omnpwswttnn for Veterans disabled from injrtry o, disease incurred or aggravated by overseas service al ai iron i...rranco protw;tion for nwmbors of the Armed Forces sorving overseas Be it enacted by the Senate and house of Representatives of the United States of America in Congress assembled, That section 336 of title 38, United States Code, is amended by striking oat "or (3)" and inserting in lieu thereof "(3)", and by inserting immediately before the period at the end thereof the following: , or (4) after the date of enactment of this clause and while performing active duty ontsi,de the continental United States Ilawaii, the. Commonwealth of Puerto Rico, and the possessions of the United States". SEe. 2. (a) Part If of title 38, United States Code, is amended by inserting imncdiatoly after chapter 17 thereof the following new chapter: "CHAPTER 18-OVERSEAS SERVICEMEN'S INDEMNITY "Soo, "nao. Dcanitmau. "651. coverage provided. "652. Dcrmficiarres of insnranco. "653. waiver of poccultuus on otter insurance. 650. Definitions For the purposes of this chapter- "(1) The term `child' does not include a stepchild unless the stepchild either was a member of the iasured's household, or was designated as a beneficiary under this chapter by the insured, and the term does not include an illegitimat0 child unless the child was designated as a beneficiary under this chapter by the insured. "(2) The term 'paren't' inabidos a stepparent if designated as a beneficiary under this chaptor by the insured; and only includes the mother and father who last bore that relationship to the insured. "(3) The terms `brother` and sister' include those of the half blood and those through adoption. "(4) The 'term `United States', when used in. a geographical sense means the several States and possessions of the United States, the District of Cohumbia, and the Commonwealth of Puerto Rico. "? 651. Coverage provided "(a) Each member of the, Armed Forces on active duty outside the United States after the date of ouactmont of this chapter is automatically insured by the. United States, without cost to such member, against death on active duty while outside the United States. "(b) The insurance provided by subsection (a) shall be in the amount of $10,000, reduced by Who amount of United States Government life insurance or national service life insurance held by the insured and in force at the tine, of his death. 652. Beneficiaries of insurance "(a) Upon certification by the Secretary concerned of the death of any member insured under section 651 of this title, the Administrator shall pay the insurance only to the surviving spouse, ehildron, parents, or brothers and sisters of the insured. The insurance shall be paid in a lump sum. "(b) The insured may designate the bcneficiarirs of the insurance within. the classes named in subsection (a); may designate the proportion of the principal amount to be paid to each; and may change beneficiaries within the classes without their consent. "(c) If a designated beneficiary does not survive the insured, or if none has been designated, payment shall be made to the first eligible beneficiary among Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2780 INDEMNITY OR INSURANCE FOR THE ARMED FORCES the classes and in the order named in subsection (a); and if the class is composed of more than one individual, payments shall be made in equal shares among such individuals. "(d) No payments she I be made under this chapter to the estate of any deceased individual. 653. Waiver of premiums on other insurance "(a) Any member of the Armed Forces may apply for, and shall he granted, waiter of premiums under this section on any policy of national service life insuiranoe or United Stat?a Government life insurance for periods during which lie is outside the United States. Any such waiver shall render the insurance nonparticipating while the waiver is in effect. "(b) While any waiver of premiums is in effect under this section- "(1) all prom urns on five-your level premium term insurance sl}all be waived; auai "(2) the portion of premiums on all other insurance which represents the pure insurance risk t,hall he waived; effective as of the first day of the first calendar month beginning after the member is first outside the United States, and ending as of the last day of the first calendar month beginning after It,, thereafter enters the United States. "(c) Where benefits under any policy of insurance under waiver of promiurns under this section born no payable, liability for such benefits shall be born by (lie United States in an amount which, when added to any reserve of the policy at the time of maturity, will equal the then value of such benefits. Computa- tions of such benefits sf.all be based upon the same tables and rates of interest as apply with respect to the policy involved. The Administrator shall from time to time transfer from the national service life insurance appropriation to the national service life insurance it rid, and from the military and naval insurance appropria- tion to the United States Government life insurance fund such sums as may be necessary to carry out this subsection." (b) The table of chapters at the head of part II of title 38, United States Code, is amended by insortin; immediately below the line beginning "17." the following: t'rs. Overseas Serviceman's l ndo nutty." (o) The table of chapters at the ltoad of title 38, United States Code, is amended by inserting immediately below the line beginning "17." the following: "i8. Overseas Servicemen's :ndetnnity." A BILL To amend title 38 ,f the United States Cade to provido a program of insurance for members of the Armed Forces who are arable to obtain commoreial insurance at standard rates because of batng assigned to duty in a combat eon a or performing extrahazardoaa duty Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subchapter I of chapter 19 of title 38, United States Code, is amended by adding at the end thereof the following new section: "? 726. Insurance for certain members of the Armed Forces "(a) Any member of the Armed Forces who makes application in writing to the Administrator in such form as the Administrator prescribes and establishes to the satisfaction of the Administrator that he cannot obtain eommerohel life insurance at a standard rate-- "(1) because of the nature of the duties he performs as such a member, or "(2) covorhg him in any place to which he may be. ordered as such a member, shall, upon payment of the required premiums, be. issued insurance under this section. "(b) Insurance tied under this section shall be issued upon the same terms and conditions as are contained in the standard policies of national service He insurance except chat (1) limited convertible. term insurance may riot be issued or renewed on the term plan after the insured's fiftieth birthday; (2) the premium rates for such limited convertible term or permanent plan insurance shrill be based on table X-18 (1959-54 Intercompany Table of Mortality) and interest at the rate of 2}s par commit per annum; (3) all settlements on policies involving annuities on insurance issued under this section shall be calculated on the basis of the Annuity Table for 1949, and interest at the rate of 2j per contum per Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2781 annum; (4) all cash, loan, paid-up, and extended values, and, except as otherwise provided in this section, all other calculations in connection with insurance issued under this section shall be based on table X-18 (1950-54 Intercompany Table of Mortality) and interest at the rate of 24n per centurn per annum; (5) insurance and any total disability provision added thereto issued under this section shall be on it nonparticipating basis and all premiums and other collections therefor shall be credited directly to a revolving fund established in the Treasury of the United States and payments on such insurance and any total disability provision added thereto shall be made directly from such fund. "(e) There are authorized to be appropriated such slims as may be required to provide capital for such revolving fund. Such appropriations shall be advanced to the revolving fund as needed and shall bear interest as determined by the, Secretary of the Treasury, taking into consideration the average yield on all marketable interest-bearing obligations of the United States of comparable maturities then forming a part of the public debt and shah be repaid to the Treasury over a reasonable period of time. "(d) The Administrator is authorized to set aside out of the revolving fund established under subsection (b) of this section such reserve amounts as may be required under accepted actuarial principles to meet all liabilities on insurance issued under this section and any total disability income provision attached thereto. The Secretary of the Treasury is authorized to invest in and to sell and retire special interest-bearing obligations of the United States for the account of the revolving fund. Such obligations issued for this purpose shall have maturities fixed with due regard for the needs of the fund and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next pro- ceding the date of issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month: except that where such average market yield is not a multiple of one-eighth of I. per centum, the rate of interest of such obligation shall be the multiple of one-eighth of 1 per centum nearest such market yield. "(e) The insurance provided by this section shall be in the amount of $10,000, Government life insurance, national life, reduced by the amount of United States Government life insurance, national service life insurance, and commercial life insurance held by the insured and in force at the time of his death." (b) The analysis of subchapter I of chapter 19 of title 38, United States Code, is amended by adding at the end thereof the following: "726. Insnranee for certain members of the Armed Forces.' Site. 3. The amendments made by this Act shall take effect on the sixtieth day after the date of its enactment, [ILR. 10273, 89th Cong., Ist sons.] A EILI1 To amend title 38, United States Code, to provide a program or death indornnifieatton for parsons serving in combat zones Be it enacted by the Senate and House of Representatives of the United States of of America in Congress assembled, That section 101 of title as, United States Code, is amended by adding at the end thereof the following: "(29) The term `combat zone' means any area determined by the President to be an area in which units of the Armed Forces of the United States are engaged in combat operations on or after the date of enactment of this paragraph and before such date as may be determined by Presidential proclamation. Such term specifically includes the countries of Laos, Cambodia, and Vietnam, until the President determines that such countries are no longer 'combat zones'." Ssc. 2. (a) Part II of title 38, United States Code, is amended by inserting immediately after chapter 17 thereof the following now chapter: "Soo. "650. Doflnitions. "651. Coverage provided. "652. Reneflciarics of insmnnce. "053. Waiver of preminme on other Insurance. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 650. Definitions "For the purposes of thie chapter-- "(1) The terns 'child' does not include a stepchild unless the stepchild either was a.member of the insurod's household, or was designated as it beneficiary under this chapter by the insurer, and the term floes not include an illegitimate child unless the child was designated as if beneficiary under this chapter by the insured. "(2) The term 'parent' noludes a stepparent if designated as a beneficiary under this chapter by the insured; and only includes the mother and father who last bore that relationship to the insured. "(3) The terns 'brother' and 'sister' include those of the halfblood and those throu1h adoption. "(4) The term 'United S,atcs', when used in it geographical sense, means's the several States and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. 651. Coverage provided "(a) Each member of th Armed Forces oil active duty in a combat zone after the date of enactment of this chapter is automatically insured by the United States,! without cost to such member, against death on active duty while in a combat zone and for one but dred and twenty days thereafter. "(b). Thu insurance provided by subsection (a) shall be in the amount of $10,000, reduced by the amount of United States Government life insurance, national service life insurancs, and commercial life insurance held by the insured and in force at the time. of his death. 652.; Beneficiaries of insurance "(a) 'Upon certification by the Secretary concerned of the death of any member insured; under section 651 of this title, the Administrator shall pay the insurance only to the surviving spouse children, parents, or brothers and sisters of the insureds The insurance shall be paid in a lump sum. "(b) The insured may designate the beneficiaries of the Insurance within the classes named In subsection (a); may designate the proportion of the principal amountt to be paid to each; ani may change beneficiaries within the classes without their consent. "(c) If a designated beneficiary does not survive the insured, or if note has been designated, payments shall be made to the first eligible beneficiary among the classes and in the order named in subsection (a); and if the class is composed of more than one individual, payments shall be made in equal shares among such individuals. " (d) No payments shall to made under this chapter to the estate of any deceased individual. 653. +Waiver of premiums on other insurance "(a) Any member of the Armed Forces may apply for, and shall be granted, waiver of premiums under tits scetiou on any policy of national service life insurance or United States G)VOrrnnent life insurance for periods during which he is in e combat zone and for one hundred and twenty days thereafter. Any such waiver shall render the insurance nonparticipating while the waiver is ii:. effect. "(b) While any waiver of premiums is in effect under this section-- "(t) all premiums on five-year level pxmttium terra Insurance shall be waived; and "(2) the portion of premiums on all other insurance which represents the, pure`, insurance risk shall lie waived; effective as of the first day of the first calendar mouth beginning after the member first serves in a combat zone, and ending as of the last day of the first calendar month beginning more than one hundred and twenty days after he leaves a conbat zone. "(c) Where benefits under any policy of insurance under waiver of premiums under this suction become payaele, liability for such benefits shall be borne by the United States in an amount which, when added to any reserve of the policy at, the time of maturity, will equal the then value of such. benefits. Computations of such benefits shall be based upon the some tables and rates of interest as apply wit t respect to the polity involved. The Administrator shall from time to time transfer from the net oral servieo.. life insurance appropriation to the national service life insurance fund, and from the military and naval insurance ap propriatiorn to the United States Government life insurance fund such suns ass may be necessary to carry out this subsections" Approved For Release 2'003/11/04: CIA-RDP67B00446R000500210005-9 b FORCES 2783 Approved For Release 2003/11/ Y6JXT 1P6 ?d'E 0id6Yj daff (b) The table of chapters at the head of chapter 11 of title 38, United States Code, is amended by inserting immediately below the line beginning "17." the following: "78. Combat servicemen's Indemnity." (c) The table of chapters at the head of title 38, United States Code, is amended by inserting immediately below the line beginning "17." the following: III.R. 10280, 89th Cong., 1st sess.] A BILL To amend title 38, United states Code, in order to provide special indemnity insurance for members of the Armed Forces serving In cannot zones Be it enacted by the Senate and House of Represendatioes of the United States of America in Congress assembled, That (a) chapter 19 of title 38, United States Code, is amended by adding at the end thereof a new section as follows: "? 789. Special indemnity insurance for members of the Armed Forces serving combat zones "(a) Any person on active duty with the Armed Forces in a combat zone shall, as provided in this section, be, automatically insured by the United States without cost to such person, against death in. the principal amount of $10,000. Such person shall be insured during the, time that he serves in a combat zone, and shall be deemed to have been serving in a combat zone at the time of his death if he dies outside. of a combat zone and (1) his death is determined by the Administrator to have been the direct result of an injury or disease incurred while serving to a combat zone, and (2) the injury or disease from which such person died was in- curred not more than two years prior to death. "(b) Upon certification by the Secretary of the military department concerned of the death of any present automatically insured under this section, the Admin- istrator shall cause the indemnity to be paid as provided in subsection (c) only to the surviving spouse, child or children (including it stepchild, adopted child, or an illegitimate child if the latter was designated as beneficiary by the insured), parent (including a stepparent, parent by adoption, or person. who stood in loco parentis to the insured at any time prior to entry into the active service for a period of not less than one year), brother, or sister of the insured, including those of the half-blood and those through adoption. The insured shall have the right to designate the beneficiary or beneficiaries of the indemnity within the classes herein provided; to designate the proportion of the principal amount to be paid to each; and to change the beneficiary or beneficiaries without the con- sent thereof but only within the classes herein provided. If the designated bene- ficiary or beneficiaries do not survive the insured, or if none has been designated, the Administrator shall make payment of the indemnity to the first eligible class of beneficiaries according to the order sot forth above, and in equal shares if the class is composed of more than one person. Unless designated otherwise by the insured, the term 'parent' shall include only the mother and father who last bore that relationship to the insured. Any installments of art indemnity not paid to a beneficiary during such beneficiary's lifetime shall be paid to the named contingent beneficiary, if any; otherwise, to the beneficiary or beneficiaries within the permitted class next entitled to priority, but no payment shall be made to the estate of any deceased person. "(e) The indemnity shall be payable in equal monthly installments of one hundred and twenty in number with interest at the rate of 2% per centum per amum. "(d) In the event any person was covered at the time of his death by automatic indemnity under this section and was also insured against such death under a contract of national service life insurance, or United States Government life insurance, the indemnity authorized to be paid hereunder shall be a principal amount equal to the difference between the amount of insurance in force at the time of death and $10,000. "(e) The Administrator is authorized to promulgate such rules and regulations, not inconsistent with this section, as are necessary or appropriate to carry out its purposes. "(f) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the revisions of this section for the p 1 t 1 i' ' r this section. Approved For Release 209/11/04: CIA-RDP67B004 6~Ik~Sb01dY1 d -` 2784 INDEMNITY OR INSURANCE FOR THE ARMED FORCES Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 "(g) Any person guilty o' mutiny, treason, spying, or desertion shall forfeit all rights, to an indemnity under this section, but restoration to active duty alter commission of any such of'ense shall restore all rights under this section, No indemnity shall be payable for death inflicted as a lawful punishment for crime or for'military or naval offense, except when inflicted by an enemy, as defined by the President. "(h) As used in this section the term `combat zone' means any area outside. the United States determined by the President to be an area in which units of the Armed Forces of the United States, have engaged in combat operations on or after January 1, 1962, and before such date as may be determined by Presidential proclamation." (b) The analysis of subc latter III of chapter 19 of such title is amended by adding at the end thereof the following: "789. special indemnity insurance fir members of the Armed Forces serving in conibat zones." [TI.R. 10301, 89th Cong.. 1st sess.l 'i. A BILL To amend title 38, United 6;ates Code, in order to provide special indemnity insurance for members of tin Armed Forces serving in combat zones Be it enacted by the Sena,e and House of Representatives of the United States of America in Congress assembld, That (a) chapter 19 of title 38, United States Code, is amended by adding at the end thereof a new section as follows: ? 789. Special indemnity insurance for members of the Armed Forces serving in combat zones "(a) Any person on active duty with the Armed Forces in a combat zone shall, as provided in this sootion, be automatically insured by the United States without cost to such person, against death in the principal amount of $10,000. Such person. shall be insured during the time that he serves in a combat zone, and shall be deemed to have been serving in a combat zone at the time of his death if he dies outside of a combat zone and (1) his death is determined by the Adpril- istrator to have been the direct result of an injury or disease incurred while serving in a combat zone, and (2) the injury or disease from which such person died was incurred not more than two years prior to death. "(b) Upon certification by the Secretary of the military department concerned of the death of any person automatically insured under this section, the Adminis- trator, shall cause the indermity to be paid as provided in subsection (c) only to the surviving spouse, child or children (including a stepchild, adopted child, or an illegitimate child, if the latter was designated as beneficiary by the insured), parent (including a stepparent, parent by adoption, or person who stood in loco parentis to the insured at any time prior to entry into the active service for a period of not less than one year), brother, or sister of the insured, including those of the halfblood and those through adoption. The insured shall have the right to designate the beneficiar;t or beneficiaries of the indemnity within the classes hcreiq provided; to design[ to the proportion of the principal amount to be paid to each; and to change. the beneficiary or beneficiaries without the consent thereof but only within the classes heroin provided. If the designated beneficiary or beneficiaries do not survive the insured, or if none has been designated, the Administrator shall make payment of the indemnity to the first eligible class of beneqmarics according to tl.e order set forth above, and in equal shares if the class is composed of more than one person. Unless designated otherwise by the in- sured; the term `parent' shall include only the mother and father who last bore that relationship to the insured. Any installments of an indemnity not paid be a beneficiary during such benafieiary's lifetime shall be paid to the named contingent beneficiary, if any; otherw so, to the beneficiary or beneficiaries within the per- mitted class next entitled to priority, but no payment shall be made to the estate of any deceased person. "(c) The indemnity shall be payable in equal monthly installments of one hundred and twenty in number with interest at the rate of 2% per contain per annum. `(d) In the event any person was covered at the time of his death by automatic indemnity under this section and was also insured against such death under a contract of national service life insurance or United Stated Government life insurance, the indemnity authorized to be paid hereunder shall be a principal amount equal to the difference between the amount of insurance in force 4 the Approved For Relb1dD?1aa10d9k-RDP67B00446R000500210005-9 Approved For Release 200IIY0V1041TCIOARD8WBM461R OD5 0@51 ES 2785 "(e) The Administrator is authorized to promulgate such rules and regulations, not inconsistent with this section, as are necessary or appropriate to carry out its purposes. "(f) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this section for the payment of liabilities under this section. "(g) Any person guilty of mutiny, treason, spying, or desertion shall forfeit all rights to an indemnity under this section, but restoration to active duty after commission of any such offense shall restore all rights under this section. No indemnity shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy, as defined by the President. "(h) As used in this section, the term 'combat zone' means any area outside the United States in which it is determined by the President that units of the Armed Forces are engaged in combat operations. The geographical limits of any such area shall be defined by the President and such area shall be considered a combat zone, for purposes of this section. during such period as may be prescribed by Presidential proclamation, Such term shall specifically include those areas outside the United States determined by the President to be areas in which units of the Armed Forces of the United States have engaged in combat operations on or after January 1, 1962, and before such date as may be determined by presidential proclamation." (b) The, analysis of subchapter III of chapter 19 of such title is amended by adding at the end thereof the following: "789. Special indemnity Insurance for members of the Armed Forces serving in combat zones,". [11.R. 10312, 89th Cong., lit sees.] A BILL To amend title 38, United States Code, to provide a program of death indenrulfleation for peaces serving in combat zones Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 of title 38, United States Code., is amended by adding at the end thereof the following: "(29) The term 'combat zone' means any area in. which units of the Armed Forces of the United States are engaged in combat operations on or after De- cember 22, 1961. Such term specifically includes the countries of Germany, Laos, Cambodia, Vietnam, and Dominican Republic, until the President determines that such countries are no longer 'combat zones'." Sue. 2. (a) Part II of title 38, United States Code, is amended by inserting immediately after chapter 17 thereof the following new chapter: "CHAPTER 1S--COMBAT SERVICEMEN'S INDEMNITY "sec. 11660. Definitions. "661. Coverage provided. "eel. Denoaolaries of insurance. "653. Waiver of premimns on other insurance. "? 650. Definitions "For the purposes of this chapter- "(1) The term `child' does not include a stepchild unless the stepchild either was a member of the insured's household, or was designated as a beneficiary under this chapter by the insured, and the term does not include an. illegitimate child unless the child was designated as a beneficiary under this chapter by the insured. "(2) The term 'parent' includes a stepparent if designated as a beneficiary under this chapter by the insured; and only includes the mother and father who last bore that relationship to the insured. "(3) The terms 'brother' and `sister' include those of the halfblood and those through adoption. "(4) The term 'United States', when used in a geographical sense, means the several States and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. 651. Coverage provided "(a) Each member of the Armed Forces on active duty in a combat zone on or after December 22, 1961, is automatically insured by the United States, without Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2786 INDEMNITY OR INSURANCE FOR THE ARMED FORCES cost to such member, against death on active duty while inn combat zone and for one hundred and twenty days thereafter. - - '(b) The insurance provided by subsection (a) shall be in the amount of $10,000. "? 652. Beneficiaries of insurance ,"(a) Upon eertificatic n by the Secretary concerned of the death of any member insured under section 6111 of this title, the Administrator shall pay the insurance ugly to the surviving spouse, children, parents, or brothers and sisters of the insured. The insurance. shall be paid in a lump sum. "(b) The insured may designate the beneficiaries of the insurance within the classes named in subse?tion (a); may designate the proportion of the principal amount to be paid to each; and may change beneficiaries within the classes without their consent. "(c) If a designated beneficiary does not survive the insured, of if none has been designated, payment wall be made to the first eligible beneficiary among the classes and in the order named in subsection (a) ; and if the class is composed of more than one individual, payments shall be made in equal shares among such individuals. "(d) No payments dial] be made under this chapter to the estate of any deceased individuals. (a. R. 10295, Sour Gong., 1st sess.) ~. DILL To emend title 18, tolled States Cade, to provide a program of death indemnifieatloo for persons serving In combat zones Be it enacted by the Senate and House of Representatives of the United( Slates of America in Congress aascrnbled, That section 101 of title 38, United States Code, IS amended by adding at the end thereof the following: "(20) The term 'combat zone' means any area determined by the President to be an area in which units of the Armed Forces of the United States arc engaged in combat operations on or after the date of enactment of this paragraph and before such elate as may be determined by Presidential proclamation. Such term specifically inch des the countries of Laos, Cambodia, and Vietnam, until the President determines that such countries are no longer 'combat zones'." SEC. 2. (a) Part I' of title 38, United States Code, is amended by inserting immediately after chapter 17 thereof the following new chapter: "CHAPTEL 18--COMBAT SERVICEMEN'S INDEMNITY ,sec. "650. Defmitions. !"651. Coverage provided. "652. neuoleiaries of insure flee. "658. Waiver of prantures rem ether insurance. '1650. Definitions "For the purposes of this chapter- "(1) The term 'child' does not include it stepchild unless the stepchild either was a member of the insured's household, or was designated as a h.euefieiary under this chapter by the, insured, and the term does not include an illegitimate child unless the child was designated as a beneficiary under this chapter by the, insured. "(2) The terra `parent' includes a stepparent if designated as a beneficiary under this chapter by the insured; and only includes the mother and father who last bore that relaticnship to the insured. "(3) The terms 'bro'ther' and 'sister' include those of the halfblood and those through adoption. "(4) The term 'I nited States', when used in a geographical sense, means the several States and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. 651. Coverage p?ovided "(a) Each member of the Armed Forces on active duty in a combat zone after the date of enaetRout of this chapter is automatically insured by the United States, without cost to such member, against death on active duty while in a combat zone and fir one hundred and twenty days thereafter. "(b) The insurance provided by subsection (a) shall be in the amount, of $10,000, reduced by the, amount of United States Government life insurance, national INDEMNITY OR 2787 2Approved For Release 2003/11/04: CIA-RDP6S4d~gF0562f6-~'ORCES service life insurance, and commercial life insurance held by the insured and in force at the time of his death. "? 652. Beneficiaries of insurance "(a) Upon certification by the Secretary concerned of the death of any member insured under section 651 of this title, the Administrator shall pay the insurance only to the surviving spouse, children, parents, or brothers and sisters of the insured. The insurance shall be paid in a lump sum. "(b) The insured may designate the beneficiaries of the insurance within the classes named in subsection (a); may designate the proportion of the principal amount to be paid to each; and may change beneficiaries within the classes without their consent. "(c) If a designated beneficiary does not survive the insured, or if none has been designated, payment shall be made to the first eligible beneficiary among the classes and in the order named in subsection (a) ; and if the class is composed of more than one individual, payments shall be made in equal shares among such individuals. "(d) No payments shall be made under this chapter to. the estate of any deceased individual. "? 653. Waiver of premiums on other insurance Any Armed Forces waiver of prmiumsrunder the this section on any policy of for, national service] life granted, or United States Government life insurance for periods during which he is in a combat zone and for one hundred and twenty days thereafter. Any such waiver shall render the insurance nonparticipating while the waiver is in effect. "(b) While any waiver of premiums is in effect under this section- "(1) all premiums oil five-year level premium term insurance shall be waived; and "(2) the portion of premiums on all other insurance which represents the pure insurance risk shall be waived; effective as of the first day of the first calendar month beginning after the member first serves in a combat zone, and ending as of the last day of the first calendar month beginning more than one hundred and twenty days after he leaves a combat zone. 11 under tlisnsecti n become d payable, iabilityl for insurance benefits shall be bone by the United States in an amount which, when added to any reserve of the policy at the time of maturity, will equal the then value of such benefits. Computations of such benefits shall be based upon the same tables and rates of interest as apply with respect to the policy involved. The Administrator shall from time to time transfer from the national service life insurance appropriation to the national service life insurance fund, and from the military and naval insurance appropria- tion to the United States Government life insurance fund such sums as may be necessary to carry out this subsection." (b) The table of chapters at the, head of chapter 11 of title 38, United States Code, is amended by inserting immediately below the line beginning "17." the following: "18. Combat servicemen's Indemnity." (e) The table of chapters at the head of title 38, United States Code, is amended by inserting immediately below the line beginning "17." the following: "18. Combat servicemen's indemnity." [H.R. 10308, 80th Cong., 1st seas.] A BILL To amend title 38, United States Code, to provide a program of death indemnification for persons serving in combat zones Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 of title 38, United Status Code, is amended by adding at the end thereof the following: "(20) The term `combat zone' means any area determined by the President to be an area in which units of the Armed Forces of the United States are engaged in combat operations on or after the date of enactment of this paragraph and before such date as may be, determined by Presidential proclamation. Such term spocifi- Approved For Release 2003 PI-1 CIA-RDP67B00446R000500210005-9 Approved For Rel 20D3/t91/6*"KO JRBUWNO04aqWO66bdfObbtc98 Bally includes the countries' of Laos, Cambodia, and Vietnam, until the President determines that such countries are no longer `combat zones'." tle ited Code imme diately)aftertchapt r ti.7 thereofn the f llowing new chapter:ded by insetting S. 2. "CHAPTER 1S--COMBAT SERVICEMEN'S INDEMNITY ?::sec. '.. 050. Definitions. 051. Coverage provided. 652. 6eneuci?r es of insurance. "653. Waiver of premiums on other Insurance. 650. Definitions "For the purposes of thin chapter- "(1) The term `child' does not include a stepchild unless the stepchild either was it member of the insured's household, or was designated as it beneficiary tinder this chapter by the insured, and the terra does not include an illegitimate child unless the child was designated as a beneficiary under this chapter by the insured. "(Z) The term `parent' includes a stepparent if designated as a beneficiary under this chapter by the insured; and only includes the mother and father, who last bore that relationship to the insured. "(3) The terms 'brothoi' and 'sister' include those of the halfblood and those through adoption. "(4) The term 'United States', when used in a geographical sense, meads the several States and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. 651. Coverage provides "(a) Each member of the Armed Forces on active duty in a combat zone after the date of enactment of this chapter is automatically insured by the United States, without cost to such member, against death on active duty while in a combat zone and for one ]tundred and. twenty days thereafter. "(b) The insurance provided by subsection (a) shall be in the amount of $10,000, reduced by the amount of United States Government life. insurance, national service life insurance, and commercial life insurance held by the insured and in force at the time of his death. 052. Beneficiaries of i'isurance "(a) Upon certification by the Secretary concerned of the death of any member insured under section 051 of this title, the Administrator shall . pay the insurance only to the surviving spouse, children, parents, or brothers and sisters of the insured. The insurance ;:hall be paid in a lump sum. "(b) The insured may designate the beneficiaries of the insurance within the classes named in subsection (a); may designate the proportion of the principal amount to be paid to each; and may change beneficiaries within the classes without their consent. "c) If a designated beieftciary does not survive the insured, or if none has been desig(nated, payment shall be made to the first eligible beneficiary among the nd in the order subsection be made if the equal shares amongiea more more than one individnm1 1, , p Pay individuals. "(d) No payments sha 1 be made under this chapter to the estate of any deceased individual. 653. Waiver of premiums on other insurance "(a) Any member of ;he Armed Forces may apply for, and shall be granted, waiver of premiums under this section on any policy of national service life insur- ance or United States Government life insurance for periods during which he is in a combat one and for one hundred and twenty days thereafter. And such waiver shall render the insurance nonparticipating while the waiver is in effect. "(b) While any waiver of premiums is in effect ardor this section- "(1) all premiums on five-year level premium term Insurance shall be waived; and "(2) the portion of premiums on all other insurance which represents the pure insurance risk th y o he waived; effective as of the e first day of f the first t calendar month beginning after the member first serves in a combat zone, and ending as of the last day of the first calendar Approved For Relea~?A~d/'~n'~~4nioCIA RDP67B00446R00050021000519avea a combat Approved For Release 2003/11W2MM K4ZDPB7BD RO'0050021A0@S;:9FORCES 2739 under t}hisl iinsu ance secton become] payable pliability forrsuch benefits shall be borl?11ieby the United States in an amount which, when added to any reserve of the policy at the time of maturity, will equal the then value of such benefits. Computations of such benefits shall be based upon the same tables and rates of interest as apply with respect to the policy involved. The Administrator shall from time to time transfer from the national service life insurance appropriation to the national service life insurance fund., and from the military and naval insurance appropria- tion to the United States Government life insurance fund such sums as may be necessary to carry out this subsection." (b) The table of chapters at the head of chapter It of title 38, United States Code, is amended by inserting immediately below the line beginning "17." the following: "98. Combat sorvieornen's indemnity." (e) The table of chapters at the head of title 38, United States Code, is amended by inserting immediately below the line beginning "17." the following: "Is. Combat servicemen's icdcmnlty." SEC. 3. The provisions of sections 1 and 2 shall be effective from December 15, 1961. [I C. R. 10473, 80th Coog., 1,5 sass.] A DILL To amend title as, United States Code, in order to provide special indemnity insurance for members of the Armed Forces serving in combat zones Be it enacted by the Senate and Douse of Representatives of the United States of America in Congress assembled, That (a) chapter 19 of title 38, United States Code, is amended by adding at the end thereof It new section as follows: 789. Special indemnity insurance for members of the Armed Forces serving in combat zones as provided iperson th is seection,, be a autom tically insured by the United States, without cost to such person, against, death in the principal amount of $10,000. Such person shall be insured during the time lie serves in a combat zone, and shall be deemed to have been serving in a combat zone at the time of his death if he dies outside. of a combat zone and (1) his death is determined by the Administrator to have been the direct result of an injury or disease incurred while serving in a combat zone and (2) the injury or disease from which such person died was incurred not more than two years prior to death. "(b) Upon certification by the Secretary of the military department con- cerned of the death of any person automatically insured under this section, the Administrator shall cause the indemnity to be paid as provided in subsection (o) only to the surviving spouse, child, or children (including a stepchild, adopted child, or an illegitimate child if the latter was designated as beneficiary by the insured), parent (including a stepparent, parent by adoption, or person who stood in loco parentis to the insured at any time prior to entry into the active service for a period of not loss than one year those and those through adoption. The insured shall have the right to designate the beneficiary or beneficiaries of the indemnity within the classes horein provided; to designate the proportion of the prinicpal amount to be paid to each; and to change the beneficiary or beneficiaries without the consent thereof but only within the classes herein provided. If the designated beneficiary or benofloiaries do not survive the insured, or if none has been designated, the Administrator shall make payment of the indemnity to the first eligible class of beneficiaries according to the order set forth above, and in equal shares if the class is composed of more than one person. Unless designated otherwise by the, insured, the term `parent' shall include only the mother and father who last bore that relationship to the insured. Any installments of an indemnity not paid to a beneficiary during such beneficiary's lifetime shall be paid to the named contingent beneficiary, if any; otherwise, to the beneficiary or beneficiaries within the per- mitted class next entitled to priority, but no payment shall be made to The estate of any deceased person. "(c) The indemnity shall be payable in equal monthly installments of one hundred and twenty in number with interest at the rate of 2% per contun per annum. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Rele 2Oi 1A AY,k(Q l~$6O146RNO50921)0OOUSs "(d) In the event any pe son was covered at Lite time of his death by automatic indemnity under this sceti n and was also insured against such death under a contract of national service life insurance or United States Government life insurance, the idemnity a ithorized to be paid hereunder shall be a principal amount equal to the differ "nee between the amount of insurance in force at the time of death and $10,000 "(c) The Administrator -s authorized to promulgate such rules and regulations, not inconsistent with this section, as are necessary or appropriate to carry out its purposes. "(fi) 'There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this section for the payment of liabilities under this section. "(g) Any person guilty of mutiny, treason, spying, or desertion shall forfeit all rights to an indemnity under this section, but restoration to active duty after commission of any such offense shall restore all rights under this section. No indemnity shall be payabts for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy, as defined by the President. "(h) As used in this section the term `combat zone' means any area outside the United States determined by the President to be an area in which units of the Armed Forces of the United States have enagged in combat operations on or after January 1, 1964, and before such date as may be determine Id by presidential proclamation. ' (b) The analysis of subchapter III of chapter 19 of such title is amended by addipg at the end thereof .he following: "789. Special indemnity insurance for members of the Armed Forces serving in combat zones." [II.n. 10478, 89th Cong., 1st seas.] A 'DILL To emend title 38, Un led States Code, in order to provide special indemnity insurance for members of the Armed Forces serving in combat zones Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 19 of title 38, United States Code, is amended by add ng at the end thereof a now section as follows: "Q 789. Special indemnit7 insurance for members of the Armed Forces serving in combat zones "(a) Any person on active. duty with the Armed Forces in a combat zone shall, as provided in this section, be automatically insured by the United States, with- out cost to such person, against death in the principal amount of $10,000. ' Such person shall be insured dr ring the time that he serves in a combat zone, and shall be deemed to have been serving in a combat zone at the time of his death if he dies outside of a combat zone and (1) his death is determined by the Adminis- trator to have been the d root result of an injury or disease incurred while serving in a combat zone, and (2) the injury or disease from which such person died was incurred not more than two years prior to death. "(b) Upon certification by the Secretary of the military department concerned of the death of any person automatically insured under this section, the Adminis- trator shall cause the in femnity to be paid as provided in subsection (a) only to the surviving spouse, child, or children (including a stepchild, adopted child, or an illegitimate child if tie latter was designated as beneficiary by the insured), parient (including a step )arent, parent by adoption, or person who stood in loco parentis to the insured at any time prior to entry into the active service for a period of not less than one year), brother, or sister of the insured, including those of the half- blood and those througi. adoption. The insured shall have Lite right to designate the beneficiary or beneficiaries of the indemnity within the classes herein provided; to designate the proportion of the principal amount to be paid to each; and to change the beneficiary o^ beneficiaries without the consent thereof but only within the classes herein provided. If the designated beneficiary or beneficiaries do not survive the insured, or i' none has been designated, the Administrator shall make payment of the indemnity to the first eligible class of beneficiaries according to the order set forth above, and in equal shares if the class is composed of more than one person. Unless deiignated otherwise by the insured, the term `parent' shall include only the Mother and father who last bore that relationship such h the insur d. Approved For Relea 1 e. ~o#1~~1~IOO9; otherwise, to ice s a o I1a i INDEMNITY OR INSURANCE F Approved For Release 2003/11/04: CIA-RDP67B00446R000bObifffi-gORCES 2791 the beneficiary or beneficiaries within the permitted class next entitled to priority, but no payment shall be made to the estate of any deceased person. "(c) The indemnity shall be payable in equal monthly installments of one annumhundred and twenty in number with interest at the rate of 2Y, per eentum per annum. "(d) In the event any person was covered at the time of his death by automatic indemnity under this section and was also insured against such death under a contract of national service life insurance or United States Government life insurance, the indemnity authorized to he paid hereunder shall be a principal amount equal to the difference between the amount of insurance in force at the time of death and $10,000. "(e) The Administrator is authorized to promulgate such rules and regulations, not inconsistent with this section, as are necessary or appropriate to carry out its purposes. "(f) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this section for the payment of liabilities under this section. 11(g) Any person guilty of mutiny, treason, spying, or desertion shall forfeit all rights to an indemnity under this section, but restoration to active duty after commission of any such offense shall restore all rights under this section. No indemnity shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy, as defined by the President. "(h) As used in this section the term 'combat zone' means any area outside the United States determined by the President to be an area in which units of the Armed Forces of the United States have engaged nn combat operations on or after January 1, 1962, and before such date as may be determined by Presidential proclamation." (b) The analysis of subchapter III of chapter 19 of such title is amended by adding at the end thereof the following: "789. Special indemnity Insurance for members of the Armed Forces serving In combat zones." [II. R. 10630, 89611 Cong., 1st sess.l A BILL To amend title 38, United States Code, In order to provide speeialindemulty insurance for members of the Armed Forces serving In combat zone, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 19 of title 38, United States Code, is amended by adding at the end thereof a now section as follows: 789. Special indemnity insurance for members of the Armed Forces serving in combat zones "(a) Any person on active duty with the Armed Forces in a combat zone shall, as provided in this section, be automatically insured by the United Slates, without cost to such person, against death in the principal amount of $10,000' Such person shall be insured during the time that lie serves in a combat zone, and shall be deemed to have been serving in a combat zone at the time of his death if he dies outside of a combat zone and (1) his death is determined by the Ad- ministrator to have been the direct result of an injury or disease incurred while serving in a combat zone, and (2) the injury or disease from which such person died was incurred not more than two years prior to death. "(b) Upon certification by the Secretary of the military department concerned of the death of any person automatically insured under this section, the Adminis- trator shall cause the indemnity to be paid as provided in subsection (c) only to the surviving spouse, child or children (including a stepchild, adopted child, or an illegitimate child if the latter was designated as beneficiary by the insured), parent (including a stepparent, parent by adoption, Cr person who stood in loco parentis to the insured at any time prior to entry into the active service for a period of not less than one year), brother, or sister of the insured, including those of the h,alfblood and those through adoption. The insured shall have the right to designate the beneficiary or beneficiaries of the indemnity within the classes herein provided; to designate the proportion of the principal amount to be paid to each; and to change the beneficiary or beneficiaries without the consent thereof but only within the classes herein provided. If the designated beneficiary or beneficiaries do not survive the insured, or if none has been designated, the Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Rele~~OdQ1A~F~ CI~1411356842a5~~8O1~ES Administrator shall make payment of the indemnity to the first eligible class of beneficiaries according to the order set forth above, and in equal shares if the class is composed of more that one person. Unless designated otherwise by the in- sured, the Lorin 'parent' ::hall include only the mother and father who last bore that relationship to the i isured. Any installments of an indemnity riot paid to 'a beneficiary during such beneficiary's lifetime shall he paid to the named cotr- tin!ent beneficiary, if any; otherwise to the beneficiary or beneficiaries within the permitted class next entitled to priority, but no payment shall be made to thelestate of any deceased person. "(c) The indemnity stall be payable in equal monthly installments of one hundred and twenty in number with interest at the rate of 2~4 per centum per annum. '1(d) In the event any person was covered at the time of his death by automatic indemnity under this section and was also insured against such death under', a con- tract of national service life insurance or United States Government life insurance, the indemnity authorize(, to be paid hereunder shall be a principal amount equal to the difference between the amount of insurance in. force at the time of death and 810,000. "(e) The Administrator is authorized to promulgate such rules and regulations, not inconsistent with this section, as are necessary or appropriate to carry out its purposes. ?'(f) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise sppropriated, such sums as may be necessary to carry out the provisions of this section for the payment of liabilities under this section. "(g) Any person guil,y of mutiny, treason, spying, or desertion shall forfeit alll rights to an indemnify under this section, but restoration to active duty after commission of any suet offense shall restore all rights under this section. No indemnity shall be pays ble for death inflicted as a lawful punishment for crime or for military or naval 3ffonse, except when inflicted by an enemy, as defined by the President. "(h) As used in this s action the term 'combat zone' means any area outside the United States determined by the President to be an area in which units of the Armed Forces of the United States have engaged in combat operations on nr after January 1, 1962, and before such date as may be determined by Presidential proclamation." (b) The analysis of subchapter III of chapter 19 of such title is amended by adding at the end thereof the following: "'789. Special indemnity insurance for members of the Armed Forces serving In combat zones " Ssc. 2. Title 38, United States Code, is further amended as follows: ',.(1) Section 417(a) is amended- ! (A) By dole flog therefrom the words "under section 724 of this title" ad inserting in lieu thereof the words "in effect on January 1, 1959, and con- t?ilued in effect under section 724(a) of this title". (B) By adding it the end thereof the following: "The prohibition against the payment of dcpeudoncy and indemnity compensation contained in this subsection shall not apply to insureds who on or after the effective date of this amendment die while on active duty in a combat zone as defined iii. section 789 of this title, o' within 120 days after duty in such a zone, or (1) whose death is determin:it by the Administrator to have been the direct result of an injury or disease incurred while serving in a combat zone, and (2) the injury or disease from which such person died was incurred not more than two years prior to death." (2) Delete from the last sentence of subsection (c) of section 704 the words "or section 725" each time they appear and insert in lieu thereof the words "section 725, or section 726". (3) Subsection (b) of section 724 is repealed and the following new subsections are added to section 7:54: "(b) After the date of enactment of this subsection any person who is on active duty with the Armed Forces in a combat zone, as defined in section 789 of this title, for a continuous period of 30 days or more and any person hereafter ordered to such duty under orders for 30 days or more in such a combat zone, who is insured under National Service Life Insurance or United States Govern- ment Life Insurance shall be entitled, upon written application, to a waiver (with the right to a refund after termination of such duty) of all premiums paid on term insurance and that portion of any permanent insurance premiums paid Approved For Releas t re isu nsuranee risk , as determined by tcltemu t ibe ?i ~~ b&R risk as iO?Oi5- timely paid to maintain the insurance in force. Such waiver shall apply to pre- miums becoming due after the first day of the first calendar month following the date of enact ent of this subsection, or the first day of the first calendar month following entry on active duty with the Armed Forces in such a combat zone, whichever is the later date, and during the remainder of such continuous active. duty in a combat zone for 120 days thereafter; however, no pretnimn becoming due prior to the date of application for waiver under this subsection shall be waived or refunded. Any premium waiver granted under this subsec- tion on a participating contract of insurance shall render such insurance non- participating during the period such premium waiver is in effect. Upon certifica- tion of the period of combat zone duty by the Secretary of the military department concerned, and upon application by the insured, or in death cases by the bene- ficiary of his insurance, the Administrator shall refund to the insured or to the beneficiary the amount of premiums waived under this subsection. Premiums on term insurance waived under this subsection shall be refunded with interest as determined by the Administrator. "(e) Whenever benefits become payable because of the maturity of such insurance while tinder the pcrrnium waiver provided by this section., liability for the payment of such benefits shall be borne by the United States in an amount which, when added to any reserve of the policy at the time of maturity, will equal the then value of such benefits under such policy. Where life contingencies are involved in the calculation of the value of such benefits, the calculation of such liability or liabilities shall be based upon such mortality table or tables as the Administrator may proscribe with interest at the rate of 3 per contain per annum as to National Service Life Insurance which wasp United States Government Life Insurance. The Administrator shall transfer from time to time from the National Service Life Insurance appropriation to the National Service Life Insurance Fund and from the Military and Naval Insurance appropriation to the United States Government Life Insurance Fund such sums as may be necessary to carry out the provisions of this section." (4) Subchapter I of chapter 19 of such title is amended by adding at the end thereof a new section as follows: 726. Post-service insurance for persons serving in combat zones "(a) Any person entitled to indemnity protection under section 780 of this title who is ordered to active duty with the Armed Forces in a combat zone as defined in such section for a period of 30 days or more, or who served in such zone for 30 days or more, shall, upon application in writing made within 120 days after separation from active duty and payment of premiums as hereinafter provided, and without medical examination, be granted insurance. The insur- ance granted under this section shall be issued upon the same terms and conditions as are contained in standard policies of National Service Life Insurance except (1) term insurance may not be renewed on the term plan after the insured's 50th birthday; (2) the premium rates for term or permanent plan insurance shall be based on the 1958 Commissioners Standard Ordinary Mortality Table; (3) all cash, loan, extended and paid-up insurance values shall be based on the 1958 Commissioners Standard Ordinary Mortality Table; (4) all settlements on policies involving annuities shall be calculated on the basis of the Annuity Table for 1949; (5) all calculations in connection with insurance issued under this subsection shall be based on interest at the rate of 3)2 per eentum per anum; (6) the insurance shall include such other changes in terms and conditions as the Administrator determines to be reasonable and practicable; (7) the insurance and any total disability income provisions attached thereto shall be on a noripar- ticipating basis and all premiums and other collections therefor shall be credited to a revolving fund established in the Treasury of the United States and the pay- ments on such insurance and total disability provision shall he made directly from such fund. Appropriations to such fund are hereby authorized. "(b) The Administrator in authorized to set aside out of the revolving fund established under subsection (a) of this section such reserve amounts as may he be required under accepted actuarial principles to meet all liabilities on insurance issued thereunder and any total disability income provision attached thereto. The Secretary of the Treasury is authorized to invest in and to sell and retire special interest-bearing obligations of the United States for the account of the revolving fund. Such obligations issued for this purpose shall have maturities fixed with due regard for the needs of the fund and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on Approved For Release fi$ ilb i Pd1A!ftMt180&449R190o 11 E8 the basis of market quotation, as of the end of the calendar month next preceding the date of issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 per contumn, the rate of interest of such obligation shall be the multiple of ono-eighth of I per contum nearest such market yield." (5) The analysis of s'ubcha,tor I of chapter 19 of such title is amended by adding at the end thereof the l chewing: "7211. Post service insurance for persons serving in combat zones.'' [11.3. 10821, 89th Long., let A BILL To amend title 38 of the Uotte l States Code to establish a program of group life insurance which shall be provided by private fnsurance companies for members of the uniformed services who are on th, 8entati ves A~ricaeinCo gress a sembled,s Thad chap er e19eof title 38, United Sited Code is amended by rcdesignating "Subchapter III-General" thereof as "Subchapter IV--General" and by inserting immediately after subchapter II thereof the follow'; ing new, subchapter III: "Subchapter III-Servicemen's Group Life Insurance "?765. Definitions `Tor the purposes of this subchapter` ` (1) The term `active duty' scans full-time duty as a commissioned or warrant officer, eras an enlisted member of a uniformed service under a call or order to duty that; does not specify a period of thirty days or less. "(2) The team `member' means a person on active duty in the uniformed services, in a commissioned, warrant, or enlisted rank or grade. "(3) The term `uniformed services' means the, Army, Navy, Air Force, Marine' Corps, Coast Guard, Coast and Geodetic Survey, and Public health Service. 766. Eligible insurance companies "(a) The Administrator is authorized, without regard to section 3709 of the Revised Statutes, as amended 41 U.S.C. 5), to purchase from one or more life insurance benefits companies a policy or policies of group life insurance to provide the specified in this subchapter. Each such life insurance company must (1) be licensed to issue, life insurance in each of the fifty States of the United States addin the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Administrator, have in effect at least 1 per eentum of the total amount of group life insurance which all life insurance companieslhave in effect in the United States. ,hall establish an administrative loffice at applace ands under a nalme designated by the Administrator. em' (c) This Administrator shall arrange with the life insurance company or conditionsapproved byoh m, or s f under this the total amount of insurance uunder nder such policy. or policies with sucl other life insurance companies as may elect to participate'in such reinsurance. "(d) The Administrator may at any time discontinue any policy or policies which he has purchased from an , insurance company under this subchapter. 767. Persons insured; amount Any policy of insurance purchased by the Administrator under section 766 of this title shall automatically insure any member of the uniformed services on active duty against death in the amount of $10,000 from the first day of such duty, or from the date certified k y the Administrator to the Secretary concerned as the date servicemen's group life insurance under this subchapter takes effect, whichever date is the later date, unless such member elects in writing (1) not to be insured under this subehapte?, or (2) to be insured in an amount less than $10,000 which must be a multiple of $500, but may not be less than $1,000. No person may parry a combined amount of national service life insurance on the t m lan U Approved For elEas'e ~~ 3~~ ~6 ' ?t':I1X'-RbO69RII0446ft1WB0GfloAA1000&9vice- Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2795 men's group life insurance in excess of $10,000 at any one time. Any person insured under a permanent plan of national service life insurance or United States Government life insurance may be insured under this subchapter but the amount payable under his matured servicemen's group life insurance may not exceed the difference between the face value of such permanent plan insurance and $10,000, plus the actual cash value of such permanent plan insurance on the date of the insured's death. "? 768. Termination of coverage; conversion "Each policy purchased under this subchapter shall contain a provision, in terms approved by the Administrator, to the effect that any insurance thereunder on any member of the uniformed services shall cease thirty-one days after his separation or release from active duty, and that during the period such insurance is in force the insured upon request to the administrative office established under subsection 766(b) of this title shall be furnished a list of life insurance companies participating in the program established under this subchapter and upon written application to the participating company selected by the insured, proof of good health satisfactory to such company, and payment of t e required premiums be granted insurance on a plan then currently written by such company, which does not provide for the payment of any sum less than the face value thereof or for the payment of an additional amount as premiums if the insured engages in the military service of the United States, to replace the servicemen's group life in- surance in effect on the insured's life under this subchapter. For the purposes of this section any member who is absent without leave for a period, of more than thirty-ono days shall be deemed to have been separated from active duty as of the date such absence commenced. Any such member absent without leave shall be insured from the date he retul.os to active duty and there shall be deducted from his basin pay an amount to cover the premiums for the period he was insured during such absence. 769. Premiums; payment; investment; expenses "(a) During any period in which a member is insured under the policy of in- surance purchased by the Administrator, under section 706 of this title, there shall be deducted each month from his basic pay until separation or release from active duty, or otherwise paid, an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of performance of active duty in the uniformed service. Any amount not deducted from the basic pay of a member insured under this subchapter while on active duty, if not otherwise paid, shall be deducted from the proceeds of any insurance thereafter payable. "(b) For each month for which any member is so insured, there shall be con- tributed from the appropriation made for his pay an amount determined by the Administrator and certified to the Secretary concerned to be the cost of such insurance which is traceable to the extra hazard of the performance of active duty in the uniformed services. Such costs shall be determined by the Administrator on the basis of the excess mortality suffered by members of the uniformed services on active duty above that incurred by the male civilian population of the United States of the same age as the average age of members of the uniformed services (disregarding a fraction of a year) as shown by the most current annual records of the uniformed services and the Dopartment of Health, Education, and Welfare. (c) An amount equal to the first premium due on any such insurance may he advanced from current appropriations for active service pay to any such member, which amount shall constitute a lieu upon any service or other pay accruing to the person from whom such advance was made and shall be collected therefrom if not otherwise paid. No disbursing or certifying officer shall be responsible for any loss incurred by reason of such advance. "(d)(1) The sums withheld from the basic pay of members, or otherwise paid, tinder subsection (a) of this section, and the sums contributed from appropriations under subsection (b) of this section, together with the income derived from any dividends or premium rate adjustments received from insurers shall be deposited to the credit of a revolving fund established in the Treasury of the United States. All premium payments on any insurance policy or policies purchased under section 766 of this title and the administrative cost to the Veterans' Administration of insurance issued tinder this subchapter shall be paid from the revolving fund. "(2) The Administrator is authorized to set aside out of the revolving fund such amounts as may be required to meet the administrative costs to the Veterans' Administration of insurance issued under this subchapter and all current premium Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2796 INDEMNITY OR INSURANCE FOR THE ARMED FORCES payments on any insurance policy or policies purchased under section 786 of this title. The Secretary of the Treasury is authorized to invest in and to sell and retire special interest-bearing obligatiors of the United States for the account of the revolving fund! Such obligations issued for this purpose shall have maturi- ties fixed with due regard for the needs of tie fund and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of tin end of the calendar month next pre ceding the date of issue) on all marketable, iutcrest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years font the and of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1. per rectum, the rate of interest of such abligation shall be the multiple of one- eighth of 1 per cerium nearest such market yield. "(3) Notwithstanding the provisions of section 782 of this title, the Admin- istrator shall, from time to time, dotermiae the administrative costs to the Vet- erans' Administration which in his judgment are properly allocable to insurance issued under this subchapter and shall transfer such cost from the revolving fund to the appropriation General operating expenses, Veterans' Administration.' 770. Beneficiaries; payment of insurance Any amount of servicemen's group life insurance in force on any member or former member on the date of his death shall be paid, upon the establishment of a valid claim therefor, to the person or fiesons surviving at the date of his death, in the following order of precedence: "First, to the beneficiary or belief ciaries as the member or former member may have designated by a writing r ;eeived in the uniformed services prior to such death; "Second, if there be no such beneficiary, to the widow or widower of such member or former member; "Third, if none of the above, to the child or children of such member or former member and descendants of deceased children by representation; "Fourth, if none of the above, t.o the parents of such member or former member or the survivor of them; "Fifth, if one of the above, to the duly appointed executor or administrator of the estatelof such member or former member; "Sixth, if none of the above, to other next of kin of such member or former member entitled under the laws of jomicile of such member or former member at the time of his death. "If any person otherwise entitled to payment under this section does not make claim therefor within one year after the death of the member or former member, of if payment to such person within th. it period is prohibited by Federal statute or regulation, payment may be made in the order of precedence as if such person had predeceased the employee, and any such payment shall be a bar to recovery by any other person. 771. Basic tables of premiums; reidjustment of rates "(a) Each policy of policies purohiusgd under, section 766 of this title shall in- clude for the first policy year a ached ile of basic premium rates by ago which the Administrator shall have determined on it basis consistent with the lowest aehedule of basic promiuhn rates generally charged for new group life insurance policies is- sued to large employers, this seheduic of basic premium rates by age to be applied, except as otherwise provided in this section, to the distribution by age of the amount of group life insurance under the policy at its date of issue to determine an average basic premium per $1,000 o' insurance. Each policy so purchased shall also include provisions whereby the basic rates of premium determined for the first policy year shall be continued or subsequent policy years, except that they may be readjusted for any subsequent year, based on the experience under the policy, such readjustment to be made by the, insurance company, or companies issuing the policy on a basis deturm tied by the Administrator in advance of such year to be consistent with the general practice of life insurance companies under policies of group life insurance issued to large employers. "(b) Each policy so purchased shall include a provision that, in the event the Administrator determines that ascertaining the actual ago distribution of the amounts of group life insurance in force at the date of issue of the policy or at the end of the first or any subsequent year of insurance thereunder would not be possible except at a disproportionately high expense, the, Administrator may Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR TILE ARMED FORCES 2797 approve the determination of a tentative average group life promium, for the first or any subsequent policy year, in lieu of using the actual age distribution. Such tentative average premium rate shall be redetermined by the Administrator during any policy year upon request by the insurance company or companies issuing the policy, if experience. indicates that the assumptions made in deter- mining the tentative average premium rate for that policy year were incorrect. "(c) Each policy so purchased shall. contain a provision stipnkating the maxi- mum expense and risk charges for the first policy year, which charges shall have been dotermined by the Administrator on a basis consistent with the general level of such charges made by life insurance companies under policies of group life insurance issued to large employers. Such maximum charges shall be continued from year to year, except that the Administrator may redetermine such maximum charges for any year either by agreement with the insurance company or com- panies issuing the. policy or upon written notice given by the Administrator to such companies at. least one year in advance of the beginning of the, year for which such redetermined maximum charges will be effective. "(d) Each such policy shall provide for an accounting to the Administrator not later than ninety days after the end of each policy year, which shall set forth, in it form approved by the Administrator, (1) the amounts of premiums actually accrued under the policy from its date of issue to the end of such policy year, (2) the total of all mortality and other claim charges incurred for that period, and (3) the amounts of the insurers' expense and risk charge for that period. Any excess of the total of item (1) over the sum of items (2) and (3) shall be held by the insurance company or companion issuing the policy as a special contingency reserve to be used by Hoch insurance company or companies for charges under such policy only, Such reserve to bear interest at a rate to be determined in advance of each policy year by the insurance company or companies issuing the policy, which rate shall be appproved by the Administrator as being consistent with the rates generally used by such company or companies for similar funds hold under other group life insurance policies. If and when the Administrator determines that such special contingency reserve has attained an amount esti, malted by the Administrator to make satisfactory provision for adverse fluetua- tions in future charges under the policy, any further excess shall be deposited to the credit of the revolving fund established under section 766 of this title. If and when such policy is discontinued, and if after all charges have been made,, there is any positive balance remaining in such special contingency reserve,. such balance shall be deposited be the credit of the revolving fund, subject to the right of the insurance company or companies issuing the policy to make such deposit in equal monthly installments over a period of not more than two years. 772. Benefit certificates "The Administrator shall arrange to have each member insured under a policy purchased under section 766 of this title receive a certificate setting forth the benefits to which the member is entitled thereunder, to whom such benefits shall be payable, to whom claims should be submitted, and summarizing the provisions of the policy principally affecting the member. Such certificate shall be in lieu of the certificate which the insurance company or companies would otherwise be required to issue. 773. Forfeiture "Any person guilty of mutiny, treason, spying, or desertion, or who, because of conscientious objections, refuses to perform service in the Armed Forces of the United States or refuses to wear the uniform of such force, shall folioit all rights to servicemen's group life insurance under this subchapter. No such insurance shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy of the United States. 774. Effective date "The insurance provided for in this subchapter and the deductions and contri- butions for that purpose shall take effect on the date designated by the Adminis- trator and certified by him to each Secretary concerned." Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2798 INDEMNITY OR INSURANCE FOR THE ARMED FORCES SEc. 2. The analysis of chapter 19 of title 38, United States Code, is amended (1) by reiesignating "Subchapter III-General" as "Subchapter Io-General" and (2) by inserting after "760 Waive, of premium payments on due date." the following: "Subchapter III-Servicemen's Group Life Insurance "765. Defm.ffons. 766, Eligible insurance companies. "76'7. Persons insured; amount. 1769. Termination of coverage; conversion. "769, Prtii iu,ns; payment; investment; expenses. "770, Bone icfaries; ammont of insurance. "771. Basic tables off prem(mns; readjustment of rates. "772. Benefit certificates. "773. I`orfi in?e. 1774. Fee, Give date." IILR. 10862, 89th Cong., 1st ses.l A BILL To amend title 38 of the United States Code to establish a program of group life insurance which shop be rmvidod by private insurance companies for mom bees of the seller mod services who are on active duty Be it enacted by the Senate and House of liepresentatives of the United States of America in Congress assembled That chapter 19 of title 28, United States Code, is amen led by redesignating "Subchapter III--General thereof as "Subchapter I'V- General" and by inserting immediately after subchapter II thereof the following new subchapter III: "Subchapter III-Servicemen's Group Life Insurance 765. Definitions "Fo? the purposes of this subchapter- "(1) The term 'active duty' means full-time duty as a commissioned or warrant officer or as an enlisted member of a uniformed service under a call or order to duty that does not specify a period of thirty days or less. "(2) The term 'member' means a person on active duty in the uniformed servic^s in a commissioned, warrant, or enlisted rank or grade. "(3 The term 'uniformed services' means the Army, Navy, Air Force, Marine Corp,-, Coast Guard, Coast and Geodetic Survey, and Public Health Service. "? 765.. Eligible insurance companies "(a) The Administrator is authorized, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), to purchase from one or more life insurrnco companies a policy or policies of group life insurance to provide the benefits specified in this subchapter. Each, such life: insurance company must (1) be licensed to issue life insurance in each of the fifty States of the United States and in the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Administrator, have in effect at least 1 per century of the total amount of group life insurance which all life insurance companies have in effect in the United States. "(o) The life insurance company or companies issuing such policy or policies shall estabiish an administrative office at a place and under a name designated by the Adfninistrator. "(c) The Administrator shall arrange with the life insurance company or companies issuing any policy or policies under this subchapter to reinsure, under conditions approved by him, portions of the total amount of insurance under sunk. policy or policies with such other life insurance companies as may elect to participate in such reinsurance. "(d) The Administrator may at any time discontinue any policy or policies which he has purchased from any insurance company under this subchapter. 767. Persons insured; amount "Any policy of insurance purchased by the Administrator vender section 766 of this title shall automatically insure any member of the uniformed services on active duty against death in the amount of $10,000 from the first day of such duty; or from the date certified by the Administrator to the Secretary concerned as the date servicemen's group life insurance under this subchapter takes effect, Approved For Rel Ase 2 03/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURA FORCES `2,'799 Approved For Release 2003/11/04: CIA-RDP67B004 OOO5O 16B _19 whichever date is the later date, unless such member elects in writing (1) not to be insured under this subchapter, or (2) to be insured in an amount less than $10,000 which must be a multiple of $500, but only not be less than $1,000. No person may carry a combined amount of national service life insurance on the term plan, United States Government life insurance on the term plan and service- men's group life insurance in excess of $10,000 at any one time. Any person insured under it permanent plan of national service life insurance or United States Government life insurance may be insured under this subchapter but the amount payable under his matured servicemen's group life insurance may not exceed the difference between the face value of such permanent plan insurance and $10,000, plus the actual cash value of such permanent plan insurance on the date of the insured's death. "? 768. Termination of coverage; conversion `Each policy purchased under this subchapter shall contain a provision, in terms approved by the Administrator, to the effect that any insurance thereunder on any member of the uniformed services shall cease thirty-one days after his separation or release from active duty, and that during the period such insurance is in force the insured upon req nest to the administrative office established under subsection 766(b) of this title shall be furnished a list of life insurance companies participating in the program established under this subchapter and upon written application to the participating company selected by the insured, proof of good health satisfactory to such company, and payment of the required premiums be granted insurance on a plan then currently written by such company, which does not provide for the payment of ally sum less than the face value thereof or for the payment of an additional amount as promiu,ms if the insured engages in the military service of the United States, to replace, the servicemen's group life in- surance in effect on the insured's life under this subchapter. For the purposes of this section any member who is absent without leave for a period of more than thirty-ono days shall be deemed to have been separated from active duty as of the date such absence commenced. Any such tncmber absent without leave shall be insured front the ditto he returns to active duty and there shall be deducted from his basic pay an. amount to cover the premiums for the period he was insured during such absence. 769. Premiums; payment; investment; expenses "(a) During any period in which a member is insured under the policy of insurance purchased by the Administrator, under section 766 of this title, there shall be deducted each month from his basic pay until separation or release from active duty, or otherwise paid, an amount determined by the Administrator (which shall be the same for all such members), as the shar3 of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of performance of active duty in the uniformed service. Any amount not deducted from the basic pay of a member insured under this subchapter while on active duty, if not otherwise paid, shall be deducted from the proceeds of any insurance thereafter payable. "(b) For each month for which any member is so insured, there shall be con- tributed from the appropriation made for his pay an amount determined by the Administrator and certified to the Secretary concerned to be the cost of such insurance which is traceable to the extra hazard of the performance of active duty in the uniformed services. Such costs shall be determined by the Administrator on the basis of the excess mortality suffered by members of the uniformed services on active duty above that incurred by the male civilian population of the United States of the same ago as the average ago of members of the uniformed services (disregarding a fraction of a year) as shown by the most current annual records of the uniformed services and the Department of Health, Education, and Welfare. "(c) An amount equal to the first premium due on any such insurance may he. advanced from current appropriations for activeserviee pay to any such member, which amount shall constitute a lien upon any service or other pay accruing to the person from whom such advance was made and shall be collected therefrom if not otherwise paid. No disbursing or certifying officer shall be responsible for any loss incurred by reason of such advance. "(d) (1) The sums withhold from the basic pay of members, or otherwise. paid, under subsection (a) of this section, and the sums contributed from appropriations under subsection (b) of this section, together with the income derived from any dividends or premium rate. adjustments received from insurers shall be deposited to the credit of a revolving fund established in the Treasury of the United States. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Reltofij 20DWAW A'TmWIRDP37eOO Y6RM06075nOW-98 All 1 remium payments on my insurance policy or policies purchased under sec- tion 766 of this title and the administrative cost to the Veterans' Administration of insurance issued under tris subchapter shall he paid from the revolving fund. "(2) The Administrator is authorized to set aside out of the revolving fund such amounts as may be recall od to meet the administrative costs to the Veterans' Administration of insurance issued under this subchapter and all current premium payments on any insurance policy or policies purchased under section 766 of this title. The Secretary of the Treasury is authorized to invest in and to sell and retire: special interest-bearing obligations of the United States for the account of tht revolving fund. Suer obligations issued for this purpose shall have maturi- ties fixed with due regard fc r the needs of the fund and shall bear interest at a rate equal to the average market yield (Computed by the Secretary of the. Treasury on the basis of market quotati ms as of the end of the calendar month next preceding the rate of issue) on all marketable inl,crest-bearing obligations of the Untied States then forming a part of the public debt which are not duo or eallal,le, until after the expiration of four years from the and of such calendar month; except that where such average market yield is not it multiple of one-eighth of I per continue, the. rate of interes : of such obligation shall be the multiple of one-eighth of 1 per centum nearest s ich market yield. "($) Notwithstanding tie provisions of section 782 of this title, the Admin- istrator shall, from time to time, determine the administrative costs to the Veterans' Administration which in his judgment arc properly allocable to in- suraaiee issued under this subchapter and shall transfer such cost from the revolving fund to the appropriation 'General operating expenses, Veterans' Administration'. "? 770. Beneficiaries; payment of insurance "Any amount of servicemen's group life insurance in force on any member or former member on the date of his death shall be, paid, upon the establishment of a valid, claim therefor, to the person or persons surviving at the date of his death, in the following order of precedence: "First, to the beneficiary or beneficiaries as the member or former member may have designated Sy a writing received in the uniformed services prior to such death; "Second, if there he no such beneficiary, to the widow or widower of such I member or former mcr rber; "This'd, if none of he above, to the child or children of such member or former member and descendants of deceased children by representation; "Fourth, if none of the above, to the' parents of such member or former member or the survivor of them; "Fifth, if none of the above, to the duly appointed executor or administrator of the, estate of unali member or former member; "Sixth, if none of tl.e above, to other next of kin of such member or former member entitled unc er the laws of domicile of such member or former ~member at the time of his death. "If any person otherwise entitled to payment under this section does not make claim therefor within one year after the death of the member or former member, or if payment to such person within that period is prohibited by Federal statute any aymen t precedence regulation,pa the emplyes, and made such l shall a bar to recovery prede by any other person,. "? 771. Basic tables of premiums; readjustment of rates "(a) Each policy or policies purchased under section. 766 of this title shall include for the first policy year a schedule of basic premium rates by age which the Administrator shall Lave determined on a basis consistent with the lowest schedule of basic premium rates generally charged for new group life insurance policies issued to large employers, this schedule of basic premium rates by age to be applied, except as otherwise provided in this section, to the distribution by age of the, amount of group life insurance wider the policy at its date of issue to determine an average basic premium per $1,000 of insurance. Each policy so purchased shall also i delude provisions whereby the basic rates of premium determined for the first policy year shall he continued for subs cluent policy years, except that they may be readjusted for any subsequent year, based on time ex- pericnce under the policy, such readjustment to be made by the insurance com- pany or companies issuing the policy on a basis determined by the Administrator in advance of such year to he consistent with the general practice of life insurance oI 'e roe life. insurance issued to large employer:. Approved For Relea$ephd n'~Yd4 6f P97BOO446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR TilE ARMED FORCES 2801 "(b) Each policy so purchased shall include a provision that, in the event the Administrator determines that ascertaining the actual age distribution of the amounts of group life insurance in force at the date of issue of the policy or at the end of the first or any subsequent year of insurance thereunder would not be possible except at a disproportionately high expense, the Administrator may approve the determination of it tentative average group life premium, for the first or any subsequent policy year, in lieu of using the actual age distribution. Such tentative average premium rate shall be redetermined by the Administrator during any policy your upon request by the insurance company or companies issuing the policy, if experience indicates that the assumptions made in deter- mining the tentative average premium rate for that policy year were incorrect. "(c) Each policy so purchased snail contain a provision stipulating the maxi- mum expense and risk charges for the first policy year, which charges shall have been determined by the Administrator on a basis consistent with the general level of such charges made by life insurance companies under policies of group life insurance issued to large employers. Such maximum charges shall be continued from year to year, except that the Administrator may redetermine such maximum charges for any year either by agreement with the insurance company or com- panies issuing the policy or upon written notice given by the Administrator to such rem antes at least one year in advance of the beginning of the year for which such redetermined maximum charges will be effective. "(d) Each such policy shall provide for an accounting to the Administrator not later than ninety days after the end of each policy year, which shall set forth, in a form approved by the Administrator, (1) the amounts of premiums actually accrued under the policy from its date of issue to the end of such policy year, (2) the total of all mortality and other claim charges incurred for that period, and (3) the amounts of the insurers' expense and risk charge for that period. Any excess of the, total of item (1) over the son of items (2) and (S) shall be held by the insurance company or companies issuing the policy as a special contingency reserve to be used by such insurance company or companies for charges under such policy only, such reserve to bear interest at a rate to be determined in advance of each policy year by the insurance company or Com- panies issuing the policy, which rate shall be approved by the Administrator as being consistent with the rates generally used by such company or companies for similar funds held under other group life insurance policies. If and when. the Administrator determines that such special contingency reserve has attained an amount estimated by the Administrator to make satisfactory provision for adverse fluctuations in future charges under the policy, any further excess shall be depos- ited to the credit of the revolving fund established under section 766 of this title. If and when such policy is discontinued, and if after all charges have been made, there is any positive balance remaining in such special contingency reserve, such balance shall be deposited to the credit of the revolving fund, subject to the right of the insurance company or companies issuing the policy to make such deposit in equal monthly installments over a period of not mere than two years. "? 772, Benefit certificates "The Administrator shall arrange to have each member insured under a policy purchased under section 766 of this title receive a certificate setting forth the benefits to which the member is entitled thereunder, to whom such benefits shall be payable, to whom claims should be submitted, and summarizing the provisions of the policy principally affecting the member. Such certificate shall be in lieu of the certificate which the insurance company or companies would otherwise be required to issue. '9 773. Forfeiture "Any person guilty of mutiny, treason, spying, or desertion, or who, because of conscientious objections, refuses to perform service in the Armed Forces of the United States or refuses to wear the uniform of such force, shall forfeit all rights to servicemen's group life insurance under this subchapter. No such insurance shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy of the United States. 774. Effective date "The insurance provided for in this subchapter and the deductions and contri- butions for that purpose shall take effect on the date designated by the Adminis- trator and certified by him to each Secretary co cerned." Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2802 INDEMNITY OR INSURANCE FOR THE ARMED FORCES See. 2. The analysis of chapter 19 of title 38, United States Code, is amended (1) by rodesignating "3ubchapter III--General" as "Subchapter IV-General" and (2) by inserting after "760. Waiver of premimn payments on duo date," the following: "Subchapter III-Servicemen's Group Life Insurance "Sec. '1766, Definitions. "'7G6, Eligible insurance cam mutes. "767, Persons insured; amotU U. 1`768, Tornanation el 0overal 0; eonvors10a. "769, PnOu u es; Payment; investment; expenses. "770. Boneficiarles; paymen of insurance. "'771, Basic tables of pramtru ns; readjustment of rates. ?1772. MOON oeAlocetm 11778. Pbrfeiture. 11774. F l etive date." (1(, R. 10873, 89th Cong? Ist sass.] A Bitt To amend title 38 of the United States Code to establish a program of group lire insurance which shall he provided by private Insurance companies for members of the uniformed servicos who are on active duty Be it enacted by the Senate and Ilouse, of Representatives of the United States of America in Congress assembled, That chapter 19 of title 38, United States Code, is amended bly rodesignating "Subchapter 1II-General" thereof as "Subchapter IV--General' and by inserting immediately after subchapter II thereof the following new sube'lapter III: "Subchapter III-Servicemen's Group Life Insurance "? 765. Definitions "For the purpose of this subchapter- "(1) The to ?m 'active duty' means full-time duty as a commissioned or warrant oiTicei, or as an enlisted member of a uniformed service under at call or order to duty that does not specify a period of thirty days or less. "(2) The term 'member' means a person on active duty in the uniformed services in a commissioned, warianl, or enlisted rank or grade. "(3) The turn 'uniformed services' means the Army, Navy, Air Force, Marine Corps. Coast Guard, Coast and Geodetic Survey, and Public Health Service. "? 766. Eligible insurance companies "(a) The Administrator is authorized, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C, 5), to purchase from one or more life insurance comparies a policy or policies of group life insurance to provide the benefits specified in this subchapter. Each such life insurance company must (1) be licensed to issue life insurance in each of the, fifty States of the United States and in the District of Columbia, and (2) as of the most recant December 31 for which information is available to the Administrator, have in offect at ]cast 1 per centum of the total amount of group life insurance which all life insurance companies have in effect in the United States. h) Th,) life usurance company or companies issuing such policy or policies shall establish an administrative office at a place and under a name designated by the Administrator. "(c) Tho Administrator shall arrange with the, life insurance. company or companies issuirg any policy or policies under this subchapter to coinsure, under conditions approved by him, portions of the total amount of insurance tinder such policy or policies with such other life insurance companies As may elect to participate in srch reinsurance. "(d) The Administrator may at any time diseontinue any policy or policies which be has purchased from any Insurance company under this subchapter, "? 767. Persons insured; amount "Any policy of insurance purchased by the Administrator under section 766 of this title scull automatically insure any member of the uniformed services on active ditty against death in the amount of $10,000 from the first day of such duty, or from l.he date certified by the Administrator to the Secretary concerned Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/1811T ~6Og9j1ON4C618(010B21U5 9 RcES 2803 as the date servicemen's group life insurance tinder this subchapter talces effect, whichever data is the later date, unless such member elects in writing (1) not to be insured under this subchapter, or (2) to be insured in an amount less than $10,000 which must be a multiple of $500, but may not be less than $1,000. No person may carry a combined amount of national service life insurance on the term plan, United States Government life insurance on the term plan and servicemen's group life insurance in excess of $10,000 at any one time. Any person insured under a permanent plan of national service life insurance or United States Government life insurance may be insured tinder this subchapter but the amount payable under his matured servicemen's group life insurance may not exceed the difference between the face value of such permanent plan insurance and $10,000, plus the actual cash value of such permanent plan insurance on the date of the insured's death. "? 768. Termination of coverage; conversion "Each policy purchased under this subchapter shall contain a provision, in terms approved by the Administrator, to the effect that any insurance thereunder on any member of-the Uniformed services shall cease one hundred and twenty days after his separation or release from active duty, and that during the period such insurance is in force the insured upon request to the administrative office established under subsection 766(b) of this title shall be furnished a list of life insurance companies participating in the program established under this sub- chapter and upon written application to the participating company selected by the insured and payment of the required premiums be granted insurance without a medical examination on a plan then currently written by such company which does not provide for the payment of any sum less the face value thereof or for the payment of an additional amount as premiums if the insured engages in the military service of the United States, to replace the servicemen's group life insurance in effect on the insured's life under this subchapter. For the purposes of this section any member who is absent without leave for a period of more than thirty-one days shall be doomed to have been separated from active duty as of the date such absence commenced. Any such member absent without leave shall be insured from the date he returns to active duty and there shall be deducted from his basic pay an amount to cover the premiums for the period he was insured during such absence. 769. Premiums; payment; investment; expenses "(a) During any period in which a member is insured tinder a policy of insur- ance purchased by the Administrator, under section 766 of this title, there shall be deducted each month from his basic pay until separation or release from active duty, or otherwise paid, an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of performance of active duty in the uniformed service. Any amount not deducted from the basic pay of a member insured under this subchapter while on active duty, if not otherwise paid, shall be deducted from the proceeds of any insurance thereafter payable. "(b) For each month for which any member is so insured, there shall be con- tributed from the appropriation made for his pay all amount determined by the Administrator and certified to the Secretary concerned to be the cost of such insurance which is traceable to the extra hazard of the performance of active duty in the uniformed services. Such costs shall be determined by the Admin- istrator on the basis of the excess mortality suffered by members of the tmiformed services on active duty above that incurred by the male civilian population of the United States of the same age as the average age of members of the uniformed services (disregarding it fraction of a year) as shown by the most current annual records of the uniformed services and the Department of Health, Education, and Welfare. "(c) An amount equal to the first premium due on any such insurance only be advanced from current appropriations for active-service pay to any such member, which amount shall constitute a lien upon any service or other pay accruing to the person from whom such advance was made and shall be collected therefrom if not otherwise paid. No disbursing or certifying officer shall be responsible for any loss incurred by reason of such advance. "(d) (1) The sums withheld from the basic pay of members, or otherwise paid, under subsection (a) of this section, and the sums contributed from appropriations under subsection (b) of this section, together with the income derived from any Approved For Release 2003~MIQ4obCIA-RDP67B00446R000500210005-9 Approved For Relea (I00ffff41T6IA ~ ffi449~ 5 ydb g-V>;S dividends or premium rate adjustments received from insurers shall be deposited to the credit of a revolving fund established in the Treasury of the United States. All premium payments or any insurance policy or policies purchased under section 766, of this title and the administrative cost to the Veterans' Administration of insurance issued under this subchapter shall be paid from the revolving fund. 11(2) The Administrator is authorized to set aside out of the revolving fund such amounts as may be required to meet the administrative costs to the Veerans' Administration of insurar cc issued under this subchapter and all current premium pa ments on any insurance policy or policies purchased under section 766 of this title. The Secretary of IL Treasury is authorized to invest in and to sell and retire special interest-bearing obligations of the United States for the account of the revolving fund. Such obligations issued for this purpose shall have maturities fixed with due regard fort ie needs of the fund and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue) on all marketable interest-bearing obligations of the United States then forming a pa ?t of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 per centum, the rate of interest of such obligation shall be the multiple of one-eighth of L' per contain nearest such market yield. "(3) Notwithstanding the provisions of section 782 of this title, the Adminis- trator shall, from time to time, determine the administrative costs to the Veterans' Administration which in his judgment are properly allocable to insurance issued under this subchapter and shall transfer such cost from the revolving fund to the appropriation `General operating expenses, Veterans' Administration'. 770. Beneficiaries; payment of insurance "!Any amount of Servicemen's Group Life Insurance in force on any member or former member on the ds.te of his death shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date of his death, in the following order of precedence: "First, to the beneficiary or beneficiaries as the member or former member may have designated by a writing received in the uniformed services prior to such death; "Second, if there be no: uch beneficiary, to the widow or widower of such member or former member; "Third, if none of the above, to the child or children of such member or former member and descendants of deceased children by representation; "Fourth, if none of the above, to the parents of such member or former member or the survivor of them; "Fifth, if none of the above, to the duly appointed executor or administrator of the estate of such member or former member; "Sixth, if none of the above, to other next of kin of such member or former member entitled under tie laws of domicile of such member or former member at the'time of his death. "If any person othcrwi.to entitled to payment under this section does not make claim therefor within one year after the death of the member or former member, of if payment to such person within that period is prohibited by Federal statute or regulation, payment may be made in the order of precedence as if such person had predeceased the amp. oyes, and any such payment shall be a bar to recovery by any other person. "? 771. Basic tables of premiums; readjustment of rates `(a) Each policy or Policies purchased under section 766 of this title shall include for the first policy year a schedule of basic premium rates by age which the Administrator shall have determined on a basis consistent with the lowest schedule of basic premium rates generally charged for now group life insurance policies issued to large employers, this schedule of basic premium rates by age to be applied, except as otherwise provided in this section, to the distribution by ago Of tie amount of grow life insurance under the policy at its date of issue to determine an average basic premium per $1,000 of insurance. Each policy so purchased shall also include provisions whereby the basic rates of premium deter- mined for the first policy year shall be continued for subsequent policy years, except that they may be readjusted for any subsequent year, based on the ex- perienco under the policy, such readjustment to be made by the insurance company or companies issuing the policy on a basis determined by the Administrator in Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 advance of such year to be consistent with the general practice of life insurance companies under policies of group life insurance issued to large employers. "(b) Each policy so purchased shall. include a provision that, in the event the Administrator determines that ascertaining the actual age distribution of the amounts of group life insurance in force at the date of issue of the policy or at the end of the first or any subsequent year of insurance thereunder would not be possible except at a disproportionately high expense, the Administrator may approve the determination of a tentative average group life premium., for the first, or any subsequent policy year, in. lieu of using the actual ago distribution. Such tentative average premium rate shall be redetermined by the Administrator during any policy year upon request by the insurance company or companies issuing the policy, if experience indicates that the assumptions made codetermining the tentative average premium rate for that policy year were incorrect. "(c) Each policy so purchased shall. contain a provision stipulating the maxi- mum expense and risk charges for the, first policy year, which charges shall have been determined by the Administrator on a basis consistent with the general level of such charges made by life insurance companies tinder policies of group life insurance issued to large employers. Such maximum charges shall be continued from year to year, except that the Administrator may redetermine such maximum charges for any year either by agreement with the insurance company or companies issuing the policy or upon. written notice given by the Administrator to such com- panies at least one year in. advance of the beginning of the year for which such redetermined maximum charges will be effective. "(d) Each such policy shall provide for an accounting to the Administrator not later than ninety days after the end of each policy year, which shall sot forth, in a form approved by the Administrator, (1) the amounts of premiums actually accrued under the policy from its date of issue to the end of such policy year, (2) the total of all mortality and other claim charges incurred for that period, and (3) the amounts of the insurers' expense and risk charge for that period. Any excess of the total of item (1) over the sum of items (2) and (3) shall be hold by the insurance company or companies issuing the policy as a special contingency reserve to be used by such insurance company or companies for charges under such policy only, such reserve to bear interest at a rate to be determined in ad- vance of each policy year by the insurance company or companies issuing the policy, which rate shall be approved by the Administrator as being consistent with the. rates generally used by such company or companies for similar funds hold under other group life insurance policies. If and when the Administrator determines that such special contingency reserve has attained an amount esti- mated by the Administrator to make satisfactory provision for adverse fluctua- tions in future charges under the policy, any further excess shall be deposited to the credit of the revolving fund established under section 766 of this title. If and when such policy is discontinued, and if after all charges have been made, there is any positive balance remaining in such special contingency reserve, such balance shall be deposited to the credit of the revolving fund, subject to the right of the insurance company or companies issuing the policy to make such deposit in equal monthly installments over a period of not more than two years. 772. Benefit certificates "The Administrator shall arrange to have each member insured under a policy purchased under section 766 of this title receive a certificate setting forth the benefits to which the member is entitled thereunder, to whom such benefit shall be payable, to whom claims should be submitted, and summarizing the provisions of the policy principally affecting the member. Such certificate shall he in lieu of the certificate which the insurance company or companies would otherwise be required to issue. 773. Forfeiture Any person guilty of mutiny, treason, spying, or desertion, or who, because of conscientious objections, refuses to perform service in the Armed Forces of the United States or refuses to wear the uniform of such force, shall forfeit all rights to servicemen's group life insurance under this subchapter. No such insurance shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy of the United States. 774. Effective date "The insurance provided for in this subchapter and the deductions and con- tributions for that purpose shall take effect on the date designated by the Admin- istrator and certified by him to each Secretary concerned." Approved For Release ~9ea/111 ,,, - RM RPAPA2N9FORCOS Ssc. 2. The analysis of chapter 19 of title 38, United States Code, is amended (1) by redesignat:ng "SunenapTEa III-GENERAL" as "SUBCHAPTER IV-- GnNlaann" and (2) by inserting after "760. waiver of raomian payment on due date." the following: "766. Eligible insurance o napanies. "767. Persons insured; an omit. "768. Termination of cove rage; conversion. { "760. Premiums; paynnm;; investment; expenses. "770. Boneaclaries; paym-mt ofinsurance. "771. Basin tables of premiums; readjustment of rates. "772. Benefit certificates. "772. Forfeiture. "774. Iiffeetive date." [8. 2127, 39tH Cong., let seas.] AN ACT To amend tits, 38, United States Code, in order to provide spoetal indemnity Insurance for members of i he Armed Gorces serving in combat zooms, and for other purposes Be it enacted by the Senate and Mouse of Representatives of the United States of i America in Congress assembled, That (a) chapter 19 of title 38, United States Code, is amended by adding at the end thereof a new section as follows: "? 789. Special indemnity insurance for members of the Armed Forces serving in combs; zones "(a) Any person on active duty with the Armed Forces in a combat zone shall, as provided in this section, be automatically insured by the United States, without coat to such person, against death in the principal amount of $10,000. Such person shall be insured during the time that he serves in a combat zone, and shall be deemed to have been serving in a combat zone at the time of his death if he dies outsile of a combat one and (1) his death is determined by the Administrator to ha"e been the direct result of an injury or disease incurred While serving in a combat zone, and (2) the injury or disease from which such iperson died was incurred not more than two years prior to death. "(b) Upon certification by the Secretary of the military department concerned of the death of any person automatically insured tinder this section, the Adminis- trator shall cause the indemnity to be paid as provided in subsection (c) only to the surviving spouse, child or children (including a stepchild, adopted child, or an illegitimate child if the latter was designated as beneficiary by the inset-elf), parent (including a stepparent, parent by adoption, or person who stood in loco parentis to the insured at any time prior to entry into the active service for a period of not less than one year), brother, or sister of the insured, including those of the halfblood and hose through adoption. The insured shall have the right to designate the baneiciary or beneficiaries of the indemnity within the classes herein provided; to designate the proportion of the principal amount to be paid to each; and to change the beneficiary or beneficiaries without the consent thereof but only within the classes herein provided. If the designated beneficiary or - beneficiaries do not, survive the insured, or if none has been designated,. the Administrator shall mike payment of the indemnity to the first eligible class of beneficiaries according to the order set forth above, and in equal shares if the class is composed of more than one person. Unless designated otherwiye by the i surod, the term 'parent' shall include only the mother and father who last bore ttcat relationship to the insured. Any installments of an indemnity not paid to a beneficiary during such beneficiary's lifetime shall be paid to the named contingent beneficiary, if any; otlerwise, to the beneficiary or beneficiaries within the per- mitted class next entitled to priority, but no payment shall be made to the estal of any deceased person "(c) The indemnity iha11 be payable in equal monthly installments of one hum. cited and twenty ;in number with interest at the rate of 2y~ per contain per annum. "(d) In the event an7 person was covered at the time of his death by automatic indemnity under this teetion and was also insured against such death Tinder a contract of national s.rviee life insurance or United States Government life insurance, the indemnity authorized to be paid hereunder shall be a principal amount equal to the difference between the amount of insurance in force at the time of death and $10,000. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 20II9PPTWYM-WT@lPPP$04 %IfO b9 'fb66 48 2807 "(e) The Administrator is authorized to promulgate such rules and regulations, not inconsistent with this section, as are necessary or appropriate to carry out its purposes. "(f) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this section for the payment of liabilities under this section. "(g) Any person guilty of mutiny, treason, spying, or desertion shall forfeit all rights to an indemnity under this section, but restoration to active duty after commission of any such offense shall restore all rights under this section. No indemnity shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy, as defined by the President. 'Ti) As used in this section the term 'combat zone' means any area outside the United States determined by the President to be an area in which units of the Armed Forces of the United States have engaged in combat operations on or after January 1, 1962, and before such date as may be determined by Presidential proclamation." (b) The analysis of subchapter III of chapter 19 of such title is amended by adding at the end thereof the following: '789. Special indemnity insurance for members of the Arined Forces serving In combat zones." Sun. 2. Title 38 United States Code, is further amended as follows: (1) Section 417~a) is amended- (A) By deleting therefrom the words "under section 724 of this title" and inserting in lieu thereof the words "in effect on January 1, 1959, and continued in effect tinder section 724(a) of this title". (B) By adding at the end thereof the following: "The prohibition against the payment of dependency and indemnity compensation contained in this subsection shall not apply to insureds who on or after the effective date of this amendment die while on active duty in a combat zone as defined in section 789 of this title, or within 120 days after duty in such a zone, or (1) whose death is determined by the Administrator to have been the direct result of an injury or disease incurred while serving in a combat zone, and (2) the injury or disease from which such person died was incurred not more than two years prior to death." (2) Delete from the last sentence of subsection (c) of section 704 the words "or section 725" each time they appear and insert in lieu thereof the words "section 725, or section 726". (3) Subsection (b) of section 724 is repealed and the following new subsections are added to section 724: "(b) After the date of enactment of this subsection any person who is on active duty with the Armed Forces in a combat zone, as defined in section 7S9 of this title, for a continuous period of 30 days or more and any person hereafter ordered to such duty under orders for 30 days or more in such a combat zone, who is insured under National Service Life Insurance or United States Govern- ment Life Insurance shall be entitled, upon written application, to a waiver (with the right to a refund after termination of such duty) of all premiums paid on term insurance and that portion of any permanent insurance premiums paid representing the cost of the pure insurance risk, as determined by the Adminis- trator. All premiums due during the period the waiver is in effect must be timely paid to maintain the insurance in force. Such waiver shall apply to premiums becoming due after the first day of the first calendar month following the date of enactment of this subsection, or the first day of the first calendar month following entry on active duty with the Armed Forces in such a combat zone, whichever is the later date, and during the remainder of such continuous active duty in a combat zone for 120 (lays thereafter; however, no premium becoming clue prior to the date of application for waiver under this subsection shall be waived or refunded. Any premium waiver granted under this subsection on a participating contract of insurance shall render such insurance nonpar- ticipating during Cho period such premium waiver is in effect. Upon certification of the period of combat zone duty by the Secretary of the military department emmorned, and upon application by the insured, or in death oases by the benc- ficiary of his insurance, the Administrator shall refund to the insured or to the beneficiary the amount of premiums waived under this subsection. Premiums on term insurance waived under this subsection shall be re'fuiided with interest as determined by the Administrator. "(c) Whenever benefits become payable because of the maturity of such Approved For ReleaswtFt40131114104er GWj ROp6WR0Q14 ")a5ft21f660e i- 'ility for the Approved For Release 3/1 i '1lt3 ACI'L?P 662f46hiM5bT#24WOS-9'o11CES payment of such benefits shall be borne by the, United States in an amount which, when added to any reserve of the policy nt the time of maturity, will equal the then value of such bonefitd under such policy. Where life contingencies are involved in the calculation of 1 be value of such benefits, the calculation of such liability or liabilities shall be based upon such mortality table or tables as the Administrator may prescribe with irtemst at the rate of 3 per contnm per annum as to National Service Life Insurane. which was participating before waiver was granted, and 3}e per contain per annum as to United States Government Life Insurance. The Administrator shall transfer from time to time from the National Service Life Insurance appropriation to the National Service Life Insurance Fund and from the Military and Naval Insurance appropriation to the United States Government Life Insurance Fund ;inch sums as may be necessary to carry out the provisions of this section." (4) Subchapter I of chapter 19, of such title is amended by adding at the end thereof a new section as follows: 11726. Post-service insuranc3 for persons serving in combat zones "(a) Any person entitled to indemnity protection under section 789 of this title who is ordered to active duty with the Armed Forces in a combat zone as defined in such section for a period of 30 days or more, or who served in such zone for 30 days or more, shall, upon application in writing made within 120 (lays after separa- tion from active duty and payment of premiums as hereinafter provided, and without medical examination, be granted insurance. The insurance granted under this section shall he issued upon the same terms and conditions as are con- tained in standard policies of National Service Life Insurance except (1) term in- surance may not be r3newed on the term plan after the insured's 50th birthday; (2) the premium rates for term or permanent plan insurance shall be based on the 1958 Commissioners 1tandard Ordinary Mortality Table; (3) all cash, loan, ex- tended and paid-up insurance values shall be based on the 1958 Commissioners Standard Ordinary Mortality Table; (4) all settlements on policies involving annuities shall be calculated on the basis of the Annuity Table for 1940; (5) all calculations in connection with insurance issued under this subsection shall be based on interest at the rate of 344 per eentum Vol, annum; (6) the insurance shall ncludo such other changes in terms and conditions as the Administrator deter- mines to be reasonable and practicable; (7) the insurance and any total disability income provisions attached thereto shall be on a nonparticipating basis and all premiums and other collections therefor shall be credited to a revolving fund established in the Treasury of the United States and the payments on such insur- ance and total disability provision shall be made directly from such fund. Appro- priations to such fund are hereby authorized. '(b) The Administrator is authorized to set aside out of the revolving fund established under subsection (a) of this section such reserve amounts as may be f?equired under accepted acturial principles to meet all liabilities on insurance issued thereunder and any total disability income provision attached thereto. The Secretary of the Treasury is authorized to invest in and to sell and retire special interest-bearing obligations of the United States for the account of the revolving fund. Such obligations issued for this purpose shall have maturities fixed with due regard for the needs of the fund and shall bear interest at a rate equal to the average market yield (computed by the, Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration o' four years from the end of such calendar month; except that where such average market yield is riot a multiple of one-eighth of 1 per centum, the rate of interest of such obligation shall be the multiple of one-eighth of 1 per confirm nearest such market yield." (5) The analysis of subchapter I of chapter 19 of such title is amended by adding at the end thereof the following: "726. Posteervice insurance or persons serving in combat zones." (6) Section 3107 of such title is amended by adding at the end thereof a new subsection as follows: "(d) If the survivirg spouse of a deceased person covered by indemnity insur- ance has remarried, of if any of such person's children are not in the custody of a surviving spouse, all or any part of the indemnity insurance otherwise payable Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Relea '~Mlfvii z'd6 ( 440668obliift524409 to such spouse may be apportioned on behalf of surviving children or parents as may be prescribed by the Administrator." Passed the Senate August 19 (legislative day, August 18), 1965. Attest: FELTON M. JOHNSTON, Secretary. Mr. EVERETT. Without objection, there will be inserted at this point in the record a letter received from the Honorable Halo Boggs, along with a letter which he furnished from Miss Penn Cuney. Following Miss Cuncy's letter, there will be inserted a letter dated August 16, 1965, with attachment, addressed to Mr. Stephen S. Jackson, Special Assistant, Assistant Secretary of Defense, by Mr. James C. Higgins, vice president of Marsh & McLennan, which has reference to proposed Armed Forces group life insurance. HOUSE OF REPRESENTATIVES, Hon. OLIN D. LEAGUE, Washington, D.C., September S, 1966. Chairman, Committee on Veterans' Affairs, House of Representatives, Washington, D.C. DEAR Mn. CIIAIRmAN: In connection with forthcoming hearings on S. 2127 I should like to forward the enclosed recommendation from one of my constituents, Miss Penn Cuney. Any appropriate consideration that can be given her proposal will be appreci- ated. Sincerely, Hon. HALE BOGGS, House Office Building, Washington, D.C. HALE BOGOs, Member of Congress. NEW ORLEANS, LA., August .31, 1965. DEAR REPRESENTATIVE BOGGS: It has come to my attention that the Senate recently passed bill S. 2127, introduced by Senator Talmadge, which provides $10,000 special indemnity insurance against death for members of the Armed Forces serving in combat zones on or after January 1, 1962, and the bill now goes to the House Veterans' Affairs Committee for consideration. As the aunt of a 20-year-old nephew, Michael Stephen Andriola, Navy 599-50- 25, who was killed on April 28, 1965, at a military base, in Iceland, I am urging you to support an amendment to the bill which would extend coverage to any serviceman who has died while on active duty on or since January 1, 1962. As I am sure you are aware, no GI insurance could even be purchased in March 1963, the date of Mike's enlistment. His parents do not qualify for benefits available under the dependency and indemnity compensation law as their income is slightly above the limitation specified in that law. The loss of this fine young man is an irreplaeable one, but as he gave his life in the service of our country, we naturally believe whatever benefits, recognition, and the like are made available to survivors of other men, though killed in combat zones, should be available to this parents. Please be assured any assistance you can give in this matter will be greatly appreciated by all the members of my family, and I am sure, by many other bereaved relatives throughout the Nation who have suffered a similar loss. Sincerely yours, (Miss) PENN CUNEY, Law Clerk to Chief Justice John B. Fournet, Supreme Court of Louisiana. Approved For Release 2003M W04 :iGMARDP67B004 0D90:Ot21OO05SfED FORCES AuousT 16, 1965. Re Armed Fortes group life insurance. Mr. STEPHEN S. JACKSON, Special Assistant, Assistant Secretary of Defense, Washington, D.C. DEAR MR. JACKSON: In accordance with our discussion in your office on July 27, I am enclosing an outline of a group life insurance program for members of our Armed Forces Such a program would make available low-cost, nonmedical insurance to cl-ery serviceman, regardless of age, duty, or location, thus filling a need which has existed for many of our men (particularly those nonmarried individuals whose beneficiaries are entitled to limited cash paytnents of $800 to $3,000), for a nambor of years. While the Vietnam war has highlighted and empha- sized the need for insurance by members of the Armed Forces, we believe that a large percentage of the servicemen recognize the need for additional protection for their families in the event of death as a result of natural or accidental causes. When NSLI in as closed to new entrants more than. 10 years ago, acquisition of insurance by [ervieemen became more difficult, more costly, and consequently more haphazard. A grout life insurance plan similar to that available to civilian employees of the Federal Government would do much to solve this basic problem.. The plan suggested is one that would be underwritten by the insurance industry with one or more of the leading insurance companies as the administering company and reinsured iy every life insurance company which meets certain basic criteria and wishes to participate in the program. The group contract would be issued to an agency of he Federal Government, perhaps the Department of Defense or Veterans' Administration and would provide insurance for death from any cause. The so-called war risk element could be covered by allocation of part of the Government slam of the total premium to the war risk which would be separately experience rated. Alt:ernativel,r, the policy could be written excluding the war risk coverage assuming the Govermincut would provide this coverage independently of the group contract. The eongresmlonal activity last week on this subject seems to indicate some early action with respect to the war risk coverage. Ilowever, we suggest that this is only part of the insurance problem facing American servicemen, and that it is therefor timely for consideration to be given to a broad program such as that in the attached outline. Our discussion with several of the loading life insurance companies indicates that support and cooperation of the insurance industry would be immediately given to this p ?ogram. I shall look forward to meeting with you and your associates for a review of this plan. Thank you for the courtesies extended by you to Mr. Foley, Mr. I-Ioagiand, and myself. Very truly yours, MARSH & MCLENNAN, JAMES C. IlirmcuNS Vice President. ARMED FORCES GROUP LIFE INSURANCE Form of polcy.-Group term life insurance including waiver of premium in event of total and permanent disability-issued to DOD or VA or other Govern- ment agency. Amount of) is surance.--$10,000. Beneficiary.--Payable to person or persons designated by insured individual. Limitations.- -Payable in event of death for any reason. No medical examina- tion required, no restriction on duty or location. Conversion.--Couvertiblc within 31 days upon leaving the Armed Forces to individual pali;y of like amount without physical examination.'.. Rate based on attained ago of insured person. Coverage on retirement.-After 20 years of service but less than 30 years of serv- ice, $2,500; after 30 years of service, $4,000. Prerrtium.-'_'o be determined but in the area of 40 to 50 cents per month per $1,000. As in the Federal employees group life plan we suggest payment of one-third of premium by the Government and two-thirds by the serviceman. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 YNDEMNITY OR INSURAN Approved For Release 2003/11/04: CIA- Experience rating.-Experience credits would be determined based on each year's claim experience and would be paid in cash to reduce the Government's net cost. Premium collection.-By allotment. Underwriters.-One or more administering comppanies. Reinsured with all interested life insurance companies similar to FEGLI. Mr. IVERETT. The Veterans' Administration has furnished a number of examples of monetary benefits which would be payable to survivors of service personnel who die of service-connected causes at the present time. It will be noted that the amount of payments of various types of benefits depends upon the age of the individual serviceman at death, the number of his dependents, his rank and length of service at the time of his death, and various other factors. I ask that these examples be inserted in the record at this point in the proceedings. (The material furnished by Veterans' Administration follows:) SuRVA'oISHIP BENEFITS FOR SERVICEMEN DYING FROM SERVICE-CONNECTED. Case No. 1 CAUSES 1. Sergeant, U.S. Army. ASSUMPTIONS 2. Age 25 at death. 3. Death was service connected. 4. Seven years' service at death. 5. Three years in grade at death. 6. Average earnings; $25t.10 a month (base pa, . 7. Left a widow, age 25, and two children, ages 1 and 3. 8. Widow lives out her expectation of life (50.8 years). 9. Children receive maximum number of payments. 10. Widow does not remarry. BENEFITS Pa ee y Paying agency Type of payment Haymont period (m(nths) Payment rate Total payments Widow ------------------- 2d Child - HEM nEW Social security----____ ---- X204 .$03.80 $13 016 20 -------------- 1stchild .________ ___._.-_ 7IEW ____.do_____________________ a 1222 163.80 , . 14,788.80 Widow -------------------- VA - ___ ________---- Social l security (38 U.S.C. +105 a 105 s 81.80 81 30 13,414.80 13 Do (a)) . , 414. 60 ________________ 2d child ___________________ VA VA DIC __--_____-___-.--- WOEA 609 151.00 91,959.00 1st child __________ VA _ __ _-- _ _ _ - - -- _ __ WOEA 30 110. 00 3,960.00 T . -_ . . _ . _ _ _ _ 30 110.00 3,960.00 otal ---__..__..___ I Until youngest child reaches 18. 1204 months to age 18 plus 48 months in full-time training. 1$63.80 to age 18; $73.90 from ago 18 through ago 21. 4 180 months to ago 18 plus 48 months in full-time training. 5 $63.80 to ago 20; $73.90 from age 20 through age 21. 1 Beginning at age 62. Case No. 2 1. Sergeant, U.S. Army. 2. Age 25 at death. 3. Death was service connected. 4. Seven years' service at death. 5. Three years in grade at death. 6. Average earnings, $251.10 a month (base pay). 7. Left dependent parents, each age 50 (no income other than shown). 8. Left no widow or child, 9. Parents live out their expectations of life (mother: 27.7 years; father: 23 years). Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 ~*g1b ARMED FORCES Approved For Release 2003/11 /d$1.4IA PffM0 044M#6b#bb2 6 Payment eriod pay- ment enefits -- Payer Paying Type of payment p (months) rate agency [EW Total Father------ ------ VA DIC-.__.________-____._ + 144 2132 2 $55.0) 22.00 h92 ------ Social security (38 U.S.C. 132 76.30 0,071 f _-____. 412(a)). --- ------- 0,071 $20,895 Total. ----- --------- - Mother ---- .------- VA DIC_____________________ 2132 22. CIO 0 2,904 ____-__ _.____ 456 60.00 2,800 - -------- Social security (38 U.S.C. 3132 76."a0 --_-.-- 10,071 ------ 412(x)). 156 84.0 -------- 4,704 -------- 024 14,775 4 28,396 Total ______ ________ ______________ 1 -------- 24,498 - 24,846 49,294 Grant totaL_ -__----- - 3 As 1 or 2 parents to ago 62. 2 Rate adnsknlent due to social security income. a Social security as 1 of 2 parents from age 62. 4 Rate of 3yment as sole surviving Parent. 3. Death was service connected. 4. Seven years' service at death. 5. Three years in grade at death. 6. Average earnings, .$558.60 it month (base pay). 7. Left a widow, age 25, and two children, ages 1 and 3. 8. Widow lives out her expectation of life (50.8 years). 9. Children receive maximum number of payments. 10. Widow does not remarry. BENEFITS Case No. 3 1. Capiain, U.S. Army. 2 Age 25 at death. Pay- mint period (months) Pay- ment rate Widow ---_-_--________ 2d child ------- -------- --- 1st child----: ------------- Widow---________________ HEW HEW IIEW VA Social security -------------- ----- do__.-------------------- ----- do__.-__-_____-_____ security (38 U.S.C. 94 2 r 204 252 228 165 $102. CO 102.00 102.00 112.20 $20,808 25,704 23,256 18,513 D VA 1 (a DIC_ __________ ________ 609 188.00 110 00 114, 492 900 3 ----- ------------ il VA WOEA._-_________. _. _ 36 . 110 00 , 960 3 d___________________ 2d ch 1st child ------------- __ VA W OEA_ _.._-. 30 . , 3 Until youngest child reaches ago IS. 2 204 runtlis to 180 in, nths to eg6 18 plus 48 months in full-time training. 4 Bogimdng at age 62. Case No. 4 1. Captain U.S. Army. 9 Ann 25 at death. 4. Seven years' service at death. 5. Thr;e years in grade at death. 6. Base pay at death was $558.60 a month (assumed average monthly wage, $100) Approved For Releasel2603/11/04: CIA-RDP67B00446R000500210005-9 ~1 Approved For ReIdNI2DW19$0 'TSCYA bFFffB r44gRftg86~gbo0 -43 7. Loft dependent parents, each ago 50 (no income other than shown). 8. Left no widow or child. 0. Parents live out their expectations of life (mother: 27.7 years; father: 23 years). BENEFITS Total_ ____-- 0rand total... DIC---- _----- ______ Social security (38 U.S.C. 412(a). Payment per led. (months) $55 2 Nona 102 55 2 None 38 102 112.20 7,920 ----- .-- ..-- --- . 1,848 ia ,464 --------- 6,283 9,768 I 10,747 I As 1 of 2 parents to ago 62. exceeds $2,400 a 2 DIG terminated because combined social security of both parents, which is income, year permitted maximum. Social security as 1 oft parents from age 62. 4 Rate of Payment as solo surviving Parent. 1. Private, first class, U.S. Army. 2. Age 20 at death. 3. Death was service connected. 4. Two years service at death. 5. Two years in grade at death; 6. Assumed average monthly pay was $160. 7. Base pay at death was $148.50 a month. 8. Left a widow, age 20, and a child, age I. 9. Widow lives out her expectation of life (55.6 years). 10. Child receives maximum number of payments. 11. Widow does not remarry. BENEFITS Paying t f Payment pe rrted Payment rate Total payments Payee ---- agency ---- paymen Type o ------------- e s) ( h ------ -- ------ Widow------------------ HEW --- Social security------------r- 1204 2 % $60.30 30 60 $12,301.20 195.60 15 Ohild_______ _____ HEW--.- VA _____ do s__cu_._rity(38 U__________ Social e. S.G. 25 163 . 06.30 , 10,800.00 Widow ------------------ 412(-)). 667 138.00 92,046,00 Do_-___ ----------- ------- _------ Child VA ----- VA__.__ DIC_ _ WOEA---------- 36 110.00 3,060.00 ----- __________ 134,309.70 Total______________ _________ . i Until child reaches ago 18. 2 204 months to age 18 plus 48 months in full-tine training. Beginning at ago 62, 1. Private, first class, U.S. Army. 2. Age 20 at death. 3. Death was service connected. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/64IClW L }f3 4 &dff&?Qb W9A1tMEn FORCES 4. Two years' service, at death. _ 5. Two years in grade at death. 0. Aasuumc. average monthly pay was $160. 7. 13ase~pa? at death was $148.50 a month. 8. Left deplndont parents (no other income), ago 45. 9. Parents live out their expectations of life (mother: 32.1 years; father: 27.1 years). Pays a Paying agency Type of payment Payment period Payment r t Total (months) a e payments Mother-------- _---------- VA Serial security 38 U.S.C. 2181 '$60.30 $11 274.30 Father_._..____________ VA 412(a). do , __ Mother -------- ----------- VA ___.. ----___--___------_ DIC------ a 121 385 60.30 4 66 7,296.30 Father ---- _-__--.-------- VA --------------_ DIC.... _------- -------- 325 .00 a 55.00 19,173.00 15,213.00 Total_____ ___________ _____._____. ------------ 62,956.60 s Beginning at age 62, 2 Increasing t( $66.30 after death of the father. a Beginning at age 62. ( Decreasing t) $33 at age 62 and then increasing to $06 after death of the father. Decreasing to $33 at ago 02. Case No. 7 ASSUMPTIONS 1. Second lieutenant, U.S. Army. 2. Age 23 at death. 3. Death was service connected. 4. Four yel Ts' service, at death. 5. Four yes IS in grade at death. 0. Assumed average monthly pay was $329. 7. Base pat at death was $384.30 a month. 8. Left a w dow, age 23, and a child, age 3. 9. Widow lives out her expectation of life (52.7 years). 10. Child receives maximum number of payments. 11. Widow does not remarry. BENEFITS Paying agency Typo of payment Payment period (months) Payment rate Total pay- meets Widow_____________________ ild IIEW Social security -------------- 1180 $90 $16 200 __--------- _------ ---- Widow _____________________ IfEw VA VA ..... ao___________ Social security (38 U.S.C. x168 x104 90 99 , 16,23 136 18 6 412----. , Do -- ----------------- Child-_ - _.____.-..______ VA VA WIC---------------------- WOEA 636 167 /03,960 ___ _____________________ 38 110 3,960 Tatal_________ _ _ _ _ _____ _________ __________ _____------ 162,460 ( Until child roe rhos age 18. %180 months to age 18 plus 48 months in full-time training. a Beginning at ; go 62. Approved For Release, 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2815 1. Second lieutenant, U.S. Army. 2. Age 23 at death. 3. Death was service-connected. 4. Four years' service at death. 5. Four years in grade at death. 6. Assumed average monthly pay was $329. 7. Base pay at death was $384.30 a month. S. Left dependent parents (no other income), each ago 50. 9. Parents live out their expectations of life (mother: 27.7 years; father: 23 years). Mother ------- ------ .____ Father__..__________..__. Mother..._.___..__..__.___ Father______ __________ Social security (3S U.B.C. 412(a)). ---- o.------------------ ._ DIG---------------------- DIG Pa}nnont period (months) I Beginning at age 62. 2 Increasing to $09 after death of the father. a Beginning at age 62. 1 Decreasing to $11 at age 62 and than Increasing to $50 after death of the father. e Decreasing to $11 at age 62. Pay- ment rate $17,424 11,880 12,172 9,872 Mr. EVERETT. The Veterans' Administration has also furnished a number of tables which furnish comparative information related to the cause of in-service deaths in Vietnam and in areas other than Vietnam. This material is quite pertinent to this hearing, and I ask unanimous consent that it be printed at this point in the record, and following those tables material which the Department of Defense has furnished which summarizes total deaths in the service from January 1, 1962, through June 30, 1965, by service; deaths in service from 1958 through 1965; "hot spot" deaths, by cause of death, 1961 through 1965; and a table showing deaths in Vietnam and the Dominican Republic, from January 1, 1962, through August 16, 1965, by service and rank of the decreased servicemen. (The following material was furnished by the Veterans' Administra- tion:) DEATHS IN Saavrca-NOT THE RESULT OF COMBAT NOT IN VIETNAM IN VIETNAM Period of service to date of death: Period of service to date of death: June, 16, 1952, to May 3, 1962. September 30, 1963, to March 23, 1965. Facts: Serviceman was a passenger Facts: Serviceman died as a result of in a military vehicle returning from internal hemorrhage sustained when he observing night firing of tanks on a was pinned between a forklift and an- firing range. The tank firing had been other vehicle. Death occurred near in progress for approximately 2~l hours Da Nang, Vietnam. Accident resulted from 2145 to 0J15. The tank firing was from faulty brakes on forklift which ran being conduetad, under combat condi- into him while he was engaged in mo- tions. The nllitary vehicle in which loading supplies from an LST. the serviceman was a passenger was traveling for 2 miles on blackout lights. While going around a curve, the jeep (militaryy vehicle) skidded and over- turned. The jeep crushed the service- man who was apparently killed instantly. Period of eervice to date of death: Period of service to date of death: April 9, 1943, to March 19, 1946; Sop- June 14, 1964, to March 20, 1965. tember 4, 1957, to December 7, 1.962. Facts: Serviceman died on Decem- Facts: Serviceman died aboard LST her 7, 1902, at -- --, N.Y., as a result at sea. Exact cause of death nn- of a coronary thrombosis attack. known. Most probable cause of death myocardial infarct or pulmonary em- bolism. No autopsy performed. Period of service to date of death: Period of service to date of death: September 1i, 1958, to September 13, January 17, 1963, to July 4, 1965. 1959. Facts: Serviceman died on September Facts: Serviceman died aboard U.S.S. 13, 1959, in F ores, as a result of encepha- -- at sea, apparently in water off lifts (inflammation of the brain). Vietnam, as the result of encephalitis,. Period of service to date of death: Period of service ca date of death: June 13, 1956, to July 2, 1958. January 30, 1963, to May 23, 1965. Facts: Serviceman while on duty in Facts: Serviceman died at Chu Lai, Germany was on authorized leave and Vietnam, as result of accidental drown- drowned while swimming in --- ing. On May 23, 1955, the serviceman Lake, - Germany. and three other marines received per- Period o' service to date of death: January 27, 1956 to December 31, 1959. Facts: Serviceman died December 31, 1959, in a military aircraft accident at Keflavik Airport, Iceland. He was a navigator radar intercept officer. Period cf service to date of death: October 8 1957, to February 22, 1958. Facts: Serviceman was copilot in helicopter, which was one of a formation of seven helicopters on route on orders to Fort Lewis, Wash., from Fort Riley, Kans. Daring flight adverse weather conditions necessitated a "turn back" order. Four of the seven aircraft went out of control. Two helicopters crashed into a hit side and burned. Pilots and crews of both helicopters were killed instantly. mission to go to the beach to swim for recreation. While swimming be sud- denly disappeared. His body was ro- covered. No negligence on anyone's part is shown. Period of service to date of death: An gust 29 1961, to November 21, 1964. Facts: 4erviceman's death was duo to helicopter crash when helicopter on which he was crew chief crashed into sea approximately 2 miles from the aircraft carrier U.S.S'. Princeton. Aircraft ap- parently operating off shores of Vietnam. Period of service to date of death: June 20, 1963, to June 6, 1965. Facts: Serviceman died June 6, 1965, near Chu Lai, Republic of Vietnam, from the results of injuries sustained when helicopter in which he was copilot collided with another helicopter shortly after taking off from U.S.S. Iwo Jima and crashed into spa. Approved For ReWea8se Ibff3If I FM & ~7 0446R000500210005-9 (The following tables were furnished by the Department Defense:) Summary of total deaths from Jan. 1, 1962, through June 30, 1966 tal deaths: To Calendar year 1962--------- -_--____.._ Calendar year 1963________ Calendar Year 1904__________________________ Jan.l to June 30,1866_--------_____________ Orand total ------------------ ------------ cation of deaths in Percentage. Lo O vorsens__________________________________ United States ----------- ................ (P?eifle)--------------------------------- (Llmope)______________________________ ______________________________ (Other) ?11505 in percentage : C Natural deaths (lucindes disease) ------------ ?ccidcnts________________________ Aircraft ---------------- Vehicular accidents ident___ _____ Other Vehicular drownin Totnlaccidental deaths_._______._______ tlerdes ------------ ____________ _________ St oscaction __.__________________________ Miseullanll?ncous____________ ___________________ Army Navy Marines Air Force Total 1,638 1,069 247 1,385 4,369 1, 613 1 691 1,103 130 1 347 327 1,384 1,348 4,447 4,496 , 1 ,330 , 517 441 662 2,966 6,278 3,809 1,412 4,759 16,258 70 68 69.9 ------- _--__ __-------- 30 32 30.1 _----_____ --_______ (20) --------- - ____----._ , _--______ ---------- (8 ______ ____________ ___________ ________ 2) __-_----- ---- -------- ___ - _ 25.4 14 .4 13.0 27.7 ______ 15.4 25 8 20.9 31.1 ______- 1 . 28 1 ------- --- 5.5 . -----_ __-- ------------ --- - - -- --- 53.1 69.3 68.8 52.0 ----_____ 8.2 1 0 4.6 8 8.6 - _____-_20_ __ ____---------- ------ . 12 2 . 10 9 8.6 a 20.3 . . deaths Fiscal year: 1958------------ --------- .--------------------------------- _-------------- .___--______ 4,781 1959_______________________________________________________ 4,354 1960_________________________ 4,015 1062________________________________________________ _________________--__________- 3,889 1003_------------------------ ------------------------------------------------------------------ 44,264 ,447 1964______.___. ------------- 4,362 1965_. 1965 estimate ---- _------- ----------------------------------- ..-------------------------- 4,400 Total, 0 years________________________________________________________________________________ 34,412 Total, 1961-65____----- _____------------------------------------------------------------------ 21,362 "HOT SPOT" DEATHS, FISCAL YEARS 1861-65 Only drowning deaths. a Includes suicides, hostile action, and other accidental deaths. Total in-service deaths, fiscal years 1958 _65, and "hot spot" deaths, fiscal years Southeast Asia ____--------- ______________________--__-_---_______-____--_ Dominican Repnblic________________________________________________________ Panama___________________________________________________________________ Cuba_______________________________________________________________________ South Korea _____________________-_____----__-__-_--__-__--__-_-_--_________ Accident, disease, etc. Approved For Release 2003/I 1 MlSCIAaDPWB00446'RD OflOOO549 ARMED FORCES Approved For Release 2003/11/04: CIA-~ DP67B00 S-OPFM a I ro Za 2 aao7uo QS ~N M 9IIH]]UM _ 9-a I boo I o-a NNnN I~ Mr. EVERETT. We will now be, happy to hear from. our esteemed colleague, Congressman Roberts. STATEMENT OF HON. RAY ROBERTS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS Mr. ROBERTS. Mr. Chairman and distinguished members of the committee. It gives me great pleasure to appear before you today to speak in favor of H.R. 10399. This bill is very similar to S. 2127 which has already passed the Senate. This bill is designed to afford our servicemen in Vietnam. and. else- where in Asia who fight and die for their country and for the cause of freedom the peace of mind of knowing that their loved ones back home will be provided some measure of security in. the event of their death. The bill provides that the $10,000 stall be reduced by the amount of U.S. Government life insurance, national service life insurance, or commercial life insurance held by the insured and. in force at the time of his death. The insured may designate the beneficiary from among the classes named in subsection (a) of section 652, and may be to the surviving spouse, children, parents, or brothers and sisters of the insured, the payment shall be to the first eligible beneficiary among the classes and in the order so given. The money shall be paid in a lump sum. When requested, waiver of premium. will be granted on any policy of national service life insurancce or U.S. Government life insurance for periods during which such serviceman is in a combat zone and for 120 days thereafter. Any such waiver shall render the insurance nonparticipating while the* waiver is in effect. This proposed program is very similar to the program of service- men's indemnity which was authorized in 1951 by Public Law 23, 82d Congress. There is an urgent need for more adequate insurance protection for our soldiers serving in southesat Asia under conditions of war. The existing VA programs simply do not adequately serve the needs of our servicemen, nor is the void being filled by private commercial insurance companies. With the extension of the hostilities in Viet- nam, more and more companies will not write insurance on a service- man already in a combat zone or who is alerted to move to one, or they will write such insurance only with a war exclusion clause. Because of the many unknown. factors involved, any estimate of the cost must be based on a number of assumptions. If we assume, for example, that the U.S. Armed Forces in. combat zones are main- tained at about 150,000, and that the mortality rate is 3 per 1,000, this will result in an annual cost of $12 million (1,200 by $10,000). This is, however, a most variable estimate. I cannot state too strongly my own personal conviction as to the justness and necessity of this legislation. The fighting in southeast Asia is not going to cease tomorrow. The Communists daily make known their plans for the eventual domination of that area-if not the entire world. Already more than 625 American boys have given their lives fighting for the idea of self-government in South Vietnam. We must not fail to demonstrate to all our belief that freedom shall be won. 53-412-G3-5 Approved For Release\2003/11/04: CIA-RDP67B00446R000500210005-9', 2820 INDEMNITY OR INSURANCE FOR THE ARMED FORCES ,?he passage of this bill will once again show our fighting mein that the Nation has not forgotten them. We inust give them the knowl- edge that in the event of their death, their families will be provided at least this small measure of security. I sincerely hope that upon close study this committee will give this bill s, favorable report. Mr. EvERE,rv. Thank you, Mr. Roberts for a fine statement in sup ort of your bill H.R. 10399. The committee will be glad to have the renefit of your remarks. Mr. ROBERTS. Thank you, Mr. Chairman. Mr. EVERETT. We will now be happy to hear from Congressman Carter. Would you mind filing your statement for the record and kind of hitting the highlights of it? I don't want to rush you. If you can tell us the highlights of your proposal we will certainly be happy to hear you at this time. STATEMENT OF RON. TIM LEE CARTER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF KENTUCKY Mr. CARTER. Thank you, Mr. Chairman and members of the commi ,teo. I appreciate very much the opportunity you have given me to appear before your committee this morning to testify in support of my bill, II.R. 9725, to provide special indemnity insurance in the amount of $10,000 for members of our Armed Forces serving in combat zones. My till would provide that any person on active duty with the Armed Forces in a combat zone would be automatically insured by the United States without cost to such person against death in the principa'. amount of $10,000. It would also provide that any such person would be insured if lie died as the direct result of an injury or disease i.acuned while serving in a combat zone 2 years prior to his death. The irdomnity would be payable in 120 equal monthly install- ments with interest at the rate of 2h14 percent per annum. This is the same kind of indemnity insurance we provided servicemen of the Korean conflict. I introduced this measure specifically to provide protection to the dependents of members of our Armed Forces engaged in operations in Vietnam, in southeast Asia, and in the Dominican Republic. These servicemen, and some servicewomen, have engaged in fighting, defending our country against aggression which the Congress, has by resolutions, declared necessary to our national security. Relatively few in number, compared to our population or to the total number of men in their age category, they are bearing the burden for all of us, So, to them, we owe assurance of some protection to their dependents, an assurance we have provided for those who fought in other was. Therefore, I feel that it is fitting and proper that we do as much for the families of our present day fighting forces, and I urge the committee to give speedy approval to this legislation. Again, Mr. Chairman, let me thank you for the privilege accorded me to testifi> before your committee this morning in support of my bill. I appreciate very much your kindness and courtesy. I would Approved For Release rsru`f'1i1Q~em RNN 19684T4tikd dbii 16669-92821 like to leave my statement with the cleric to be made a part of the hearings on this legislation. Mr. EVERETT. Congressman Carter, what would you think about having a group insurance policy the same as we have on the civil service employees now for all Members of the armed services? Your bill, as I understand it is just for the combat areas, is that right? Mr. CARTER. Yes, sir, that is true. Mr. EVERETT. What if it roan was killed jumping out of a para- chute at Fort Campbell, or something like that? Would lie be covered under your bill? Mr. CARTER. No, sir, he would not but I think ho should be. Mr. EVERETT. What about the man who is killed in it boat accident, say going over to the combat zone, or going to a combat zone in an airplane that explodes or something like that? Would he be covered under your bill? Mr. CARTER. Not under this but I think he should be. There is a bill which has been introduced to that effect. In fact, I think the Senate bill includes part of that, not all of it. Mr. EVERETT. Doctor, we are certainly happy to have you. Mr. Secrest, do you have any questions? Mr. SEcREST. No questions. Mr. EVERETT. Mr. Ellsworth? Mr. ELLSWORTH. No, sir. I think it is outstanding for the doctor to come up and make this excellent suggestion. Mr. EVERETT. Mr. Fino, we will be glad to hear from you now. STATEMENT OF HON. PAUL A. FINO, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NZW YORK Mr. FTNO. Thank you, Mr. Chairman, and my colleagues on the Veterans' Affairs Committee. Mr. EVERETT. I might say Mr. Fine is an outstanding member of this committee. We are certainly happy to have you participate in the hearings this morning. Mr. FiNO. It is a pleasure to be on this side of the rostrum.. Mr. Chairman and my colleagues, I appreciate and welcome this opportunity to testify hore this morning in support of m bill H.R. 4379, which provides free insurance protection for members of the Armed Forces serving outside the United States. I have long considered it unfair that servicemen no longer receive $10,000 in free insurance. I have long felt that the nature of the cold war has been such that we could not properly say that the con- ditions of military service are peacetime. For some time, the frequency of our "peacekeeping" missions throughout the world and the constant threat to our troops stationed overseas have made the lack of free insurance for our overseas service- men quite unjustifiable. Today, in the light of the situation in Vietnam, it is absurd to say that we have not returned to wartime conditions. It is absurd to say that we do not owe the men fighting in Vietnam the free insurance we would give to wartime soldiers. As far as I am concerned, the Vietnamese crisis has made this legislation a "must." I cannot conceive of this committee denying our combat troops in Vietnam the Approved For Re~~s~~ /' [1 &Ilc@ F?I UP 619~F1`0d 00005-9 Approved For Release200J~32204r2 DGA+ROP6o'1BftQ446MO N2AW0, ED FORCES I strongly urge my bill, II.R. 4379, be favorably reported at the earliest possible date, so that our servicemen in Vietnam may have the benefit of this insurance coverage. This bill provides, of course, for insurace coverage for all servicemen overseas, not just those in Vietnam, but obviously its primary purpose and effect would be to make insurance available to those actually in the war zone in southeast Asia. Mr. EVERETT. Mr. Fine, it does not cover a training accident at Fort Benning or Fort Campbell or Fort Hocd? Mr. FIND. It only covers those servicemen that are outside the country. Mr. EVERETT. The continental United States? Mr. FrNo. That is right. Mr. EvERE^T, A plane carrying a group over to Vietnam which crashed would be covered? Mr. Fixo. Once it is outside the continental United States. I urge my colleagues on this committee to report this bill favorably with all speed, so that our servicemen in the war area will have not only the moral3 boost of knowing that we on the home front care, but so that they will also have the knowledge that this insurance exists to aid their families just in case something happens. It seems a small enough thing for its to do. I just want to make mention at this point that in 1956I appointed a young boy in my district to West Point. Ile was graduated in 1960. He was assigned all over the country and he was ixr Germany. Last month lie was called in Vietnam. The family has nothing. They spoke to me a)out this insurance. Of course, the loss of their son was the most ti agic thing. Yet, they have nothing to sort of comfort them in this moment of sorrow. Mr. EVEnET?. Mr. Fine, does lie have a family? Mr. Fixo. He wasn't married. Ile has a father, mother, and younger sister, a 26-year-old boy. So again, my thanks to this committee for allowing me', this oppor- tunity to be heard on this bill. Mr. EVERET'i. Thank you. We are certainly happy to have you, Mr. Fino. Mr. Secrest? Mr. SECREST. I want to say there has been no more valuable mem- ber of this committee and no one who on all veterans' legislation has been more ardent in support of veterans than Congressman Fine. Mr. EVERETT. Mr. Ellsworth? Mr. ELrswonTi. That is right. Of course, everybody knows that Congressman Finn is one of the most forthright, effective, and per- suasive Members of this body. You would net have any great objection, would you, to' expanding and extending the coverage of your bill so that it would cover, for example, perhal:s, let us say, a group of soldiers that takes off on a nonstop flight u, one of these transcontinental jets from Fort Riley, Kans., bound fir the war zone and just before they get out of the continental limits they have some kind of horrible accident? Under your bill I understand they would not be covered should they be killed. Mr. FIND. T. would say under the technical an s`ict construction Approved For Release, 20b*t11*4vj OI A~R DPS-IB0044~ROAQ5Q 0q think: a liberal Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2823 construction would indicate that they are in service on their way to Vietnam and they should be covered. I would support such an amendment. Mr. ELLSwonrTI. You would support the committee making that clear? Mr. FIND. I certainly would. Mr. SECREST. This committee has given considerable thought and study, but has arrived at no definite conclusion, to providing some sort of insurance that would cover everyone in the armed services today. We are thinking in forms possibly of covering those in. combat zones with a strict Government indemnity of $10,000 or whatever figure, and the others with something similar to the civil service insurance where the serviceman, himself (night contribute part and the Govern- ment part, but everyone, would he included. There are,' of course, people going to Vietnam and coining back all the time. There are people who have stayed over there 2 years and come back and be killed the first day in an automobile accident down the road. So these are things we are thinking of in terms of getting a general bill to cover everyone. No matter where they are, they are still covered. Mr. FIND. I see. Mr. EVERETT. Thank you, Mr. Fino. We will now hear front Con- gressman Daniels. Mr. banieis, go right ahead. STATEMENT OF HON. DOMINICK V. DANIELS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY Mr. DANIELS. Mr. Chairman, I. am very happy that you have invited me to come before you to speak in support of my bill, H.R. 6161, which would. provide. free insurance protection for members of the Armed Forces serving outside of the United States, and in addi- tion would provide wartime rates of compensation for veterans disabled as a result of injury or disease incurred as a result of overseas service. When I introduced this bill, H.R. 6161, on March 11, 1965, 1 had given much thought to the possibility of greater U.S. involvement in the Vietnamese crisis. Since that time, what was then a possibility has now occurred. Americans have taken their place alongside our South Vietnamese allies. No longer is our rol.e merely that of advisers to the South Vietnamese Army. Mr. Chairman, I commend you and the members of this great com- mittee for your promptness and dispatch in taking action to protect our fighting men and their families from what we know too well to be the inevitable result of armed conflict. In all military actions, there are casualties, and it is up to the Congress to carry out the policy described by Abraham Lincoln in his second inaugural address who said that the U.S. Government has an obligation to care for "him who shall have borne the battle and for his widow and children." This committee has always done its duty for the veterans of all wars and I know that you shall continue your struggle to aid the cause of the veteran, Mr. Chairman, in conclusion, I have seen pictures of the "new breed" in South Vietnam and those young men, some very young, are carrying on the traditions of Bunker Hill, Gettysburg, San Juan Hill, Vimy Ridge, Guadalcanal and Heartbreak Ridge. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2824 INDEMNITY OR INSURANCE FOR TIIE ARMfl FORCES When General MacArthur addressed the joint session of the Con- gress n 1901, he said, "I have just left your fighting sons in Korea and Iican bell you that they are splendid in every way." Now, Mr, Chairman, we have it now generation of young Americans and they too are splendid in every way. It is up to us m the Congress to insure tham that they can go forward to battle with the forces of international communism safe in the knowledge that their loved ones will receive at least a minimum of financial security atnd. that if dis- abled they will receive something more than peacetime compensation for their wotnds or illness. Mr. Chairman, we owe these fine young Americans at least this much. Mr. EVERiTT, Thank you, 1/fr. Daniels. Are there any other Members of Congress in the audience? Now we will hear from Mr. Rood, representing the American Life Convention, and the Life Insurance Association of America and Life Insurers Conference. Mr. Rood, we are sorry Mr. Adair could not be here today. I think he has explained to you the reason for his being absent from the meeting today, has lie not? STATEMENT OF HENRY F. ROOD ON BEHALF OF THE AMERICAN LIFE CONVENTION, THE LIFE INSURANCE ASSOCIATION OF AMERICA, AND THE LIFE INSURERS CONFERENCE; ACCOM- PANIED BY EDWARD A. LEW, ACTUARY AND STATISTICIAN, METROPOLITAN LIFE INSURANCE CO., NEW YORK CITY Mr. RooD. Yes, he has. Mr. EVERET'r. Mr. Rood, we want to move ahead. We are not trying to rush you but if you would just file your statement and kind of hit the highlights of it we would appreciate it. Mr. Roon. hrst, lot me say, Mr. Ed Lew, of the Metropolitan Life Insurance Co., is with me. We are speaking on behalf of the three associations, the Life Insurance Conference, the Life Insurance Association of America, and the American Life Convention which represent about 94 percent of the life insurance in force in the United States. We very much appreciate this opportunity to appear before you. Your committee has (lone an outstanding job in handling these benefits and I want to compliment you on your statesmanship, par- ticularly in the handling of Public Law 881, which as you know, provides very substantial benefits to the survivors of servicemen. We received some figures which indicate that Public Law 881, the average commuted value at death, taking into account, interest, mortality, and remarriage factors- is in excess of $24,000,including those who do noi, leave any qualified survivors, For most enlisted men, this is a value running from $20,000 to $30,000, and for widows of officers, it runs as high as $73,000. Looking at this a different way, if we take a widow, ago 25, of a sergeant, with two children, aged I and 3, who lives out her expectation ,of life, this is without any commutation factors, we find that the Veterans' Administration under current legislation would pity her an amount of about $100,000 and this would be augmented by social security of perhaptr $58,000, making a total of about $158,000. We think this is a very substantial benefit and certainly far more than the average civilian in a pity class similar to a sergeant would carry. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 0 Y F FOR THE ARMED FORCES 2825 Approved For Release 200T/~i EA-~)6$17M68446R000500210005-9 One of the questions that is currently being raised because of the international situation are whether a serviceman can secure life in- surance from a private company. Mr. EVERETT. What is the situation today, Mr. Rood? Mr. Roon. The situation is this: we have surveyed the member companies of our organization and about 10 percent of them indicate they would still issue life insurance to people who have been alerted to combat duty. Mr. EvERETT. In an excessive amount or normal amount? Mr. RooD. In normal amounts. One c.impany said they would go up to $40,000 on officers and $10,000 on enlisted men. But there is insurance available. Some of these are the very largo companies. Three of the four largest companies will continue to insure servicemen who are alerted. Every company we know of will insure servicemen not alerted for combat duty and that insurance would stay in force even though they are sent to Vietnam. So, in general, a man who is in service can buy insurance if he has not been alerted. To issue insurance for a man alerted for duty in Vietnam is a little bit like issuing insurance to a man on his way to the hospital. I think you understand the reasons why many of the com- panies feel they cannot do this. It would not be fair to their other policyholders to underwrite a substantial amount of that risk. Another question which has been raised is the point that the last speaker mentioned, namely, some of the parents do not receive benefits because of the dependency test. The second point is that perhaps the beneficiary qualifications are too restricted in that there may be dependent brothers or sisters who do not receive benefits under Public Law 881. Looking at the presently pending bills, we feel that there are several points which should be considered. We think that any now program should meet the needs of the servicemen and their survivors. It should provide equitable treatment for all servicemen and provide a stable and permanent solution. We believe that the group plan proposed under II.R. 10873 meets these tests, whereas the gratuitous indemnity approach of S. 2127 does not. In our opinion a gratuitous indemnity program is objectionable for several reasons: First, although it does provide protection for those who may find it difficult to obtain private insurance because of combat duty, it is inflexible and unrelated to the needs of the survivors. Second, it draws a sharp distinction between those in a combat zone and those not. Such a distinction is unfair. Third, such a program is not permanent in nature. It comes into operation only whenever it is concluded that we are in combat. Finally, as already evidenced by S. 2127, such a program seems inevitably to load to conversion to Government insurance upon separation even though the serviceman is in good health and can readily obtain private insurance. Such a result, we believe, is wholly unjustified. It appeared from the questions you raised with the previous witness that you are concerned with the question of the roan who is killed in this country. I think the statistics of the Defense Department indd~ii'~c~1a~tneL that there have been about 500 servicemen killed in aviation W A. For Release"~1`003il l/T' h bpi -RDP67B00446R0015 0y500210 05t9 ink those men Approved For Release8Z&031/' ' /bWN fA [fog~bW#6ft6d~6 bE'=Vcr;s should be protected just as much as the 400 men who have been killed to date this y3ar in Vietnam. We think the relative numbers are nearly the same. The group insurance approach, on the other hand, meets the above- mentioned tests. First, it would satisfy the needs of servicemen who may have difficulty t obtaining private insurance because of combat assignment and provide flexibility as to amount of coverage. Also, it would make available benefits to parents who are classed as: dependents under Public Law 881 and permit servicemen to desig- nate beneficiaries nct eligible under that act, such as brothers and sisters. Second, it would provide equitable treatment for all servicemen, with insurance available to all but with the Government paying the cost of extra hazards of active duty in the uniformed service. Third, it would be a permanent program applicable regardless of the existence or absence of combat situations. Finally, we might point out that this group plan would make available to members of the uniformed services insurance benefits comparable to those which have long been available to Federal civilian employees ae well as to employees of other large employers. We want to assure the committee that, in our opinion, a plan of this type would be workable. Although we have not surveyed ourmom- bership with respect to participation, a number of companies have already informed as they would be willing to cooperate in such a program.. I might say it is it sufficient number so that we could take care of the coverage. It semis reasonable to expect that the participation here would be somewhat in the order of that under FEGLI where some 270 life insurance companies have it share in the program. Before closing, I would like to mention several matters which are rather technical in nature. In general, we think H.R. 10873 is very well drafted and would require little change. There are three points, however, which we ccnsider important for your consideration. First, the new section 766(c) is open to the construction that any life; insurance compar_y may elect be to a reinsurer. It would' seem th>t in the interest o:' sound operation and administrative feasibility tho' statute should provide for the establishment of some reasonable standards for qualification and extent of participation. Second, the new suction 768 provides that upon separation! from active duty the serv_ceinan may replace his group insurance: with private insurance obtained, without medical examination from an)' one of the companies participating in the program. This conversion feature might be expanded to include other companies electing to register for that purpose. Mr. EVERETT. What do you mean by that? In other words, a nian who has this policy and the policy is with a certain company, can elect any company he wants to convert this policy to? Mi. Room. The companies that will probably sign up to cover the group insurance we expect will he the companies that specialise in group insurance. There are, some very good companies that do not write group insurance. They might want to take it part of this conversion program. We think if they want to, they should be perrhitted to do so. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR TEIE ARMED FORCES 2827 Mr. EVERETT. That would leave it up to the individual. In other words, if he has a policy with it certain company and if ho wanted to get it policy, say with National Life in Tennessee, or Life of Georgia in Georgia, he could convert to that company. Mr. ROOD. That is right. Even though the company did not par- ticipate in the group program, he could convert to that company if it chose to grant such it prlvileuo. Third, the provisions of the ill as to payment of premiums under the group policy need careful examination. The new section 769 dealing with contributions traceable to extra hazards should be integrated easefully with those of section 771. Furthermore, section 769 should clearly spell out that monthly contributions thereunder with respect to extra hazards are determined as approximations and are subject to retroactive adjustment upon the periodic examination of excess mortality. We think some of the smaller companies that want to get in the plan aught not want to wait until the end of the year for adjustments to the extra amount which the Government might want to pay for service-connected death. We think it should be clarified so that there is no question that this will be handled monthly for the benefit of those smaller companies. Thank you for this opportunity to express our views. The staffs of the associations, as well as the personnel of member companies, will be pleased to give this committee and its staff any additional infor- mation or assistance you may desire. Mr. EVERETT. Thank you. That is a fine statement. One question I want to ask you. Just using the figure of $10,000, costing $2.50 a month, if we should see fit to raise that to $20,000, would it be $5 or would it be $4 or in proportion would the premium be doubled, or would the rate be cheaper on $20,000 per thousand dollars? Mr. ROOD. No, sir. That rate contemplates a very small margin for expenses and it would be my opinion that it would be proportional. It would be double if you doubled the amount. I might say in connection with the amount of insurance that an obvious question which I am sure has arisen in your committee would be the question whether if $10,000 was the right amount in World Wars I and II, it should not be greater today in view of the inflationary increases in the cost of living. You will remember that in World War I there was no other coverage except the Government insurance. In World War 11, generally, there were not other benefits except that social security was available for those who had adequate coverage. Today with Public Law S81 and with the social security benefits payable to all servicemen's dependents, I think you have a very different situation. You have very substantial amounts of coverage provided that were not available in the last two World War situations. Mr. EVERETT. Does your experience in group policies indicate that if we should make the maximum $20,000 rather than $10,000, that the serviceman would tend to drop it and not take any? What do you think about that? What has been your experience in the group policies you have written in the past? Mr. Roon. In normal group insurance the amounts of insurance are usually graded to the income of the individual. So that a man in Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2828 INDEMNITY OR INSURANCE FOR THE ARMED FORCES a higher salary bracket would get $20,000, a man in a lower salary bracket might get $2,000 or $3,000. Since they are related to income, the chpnces of conversion are about the same for the larger amounts as smaller amounts. They might be greater because the men in the large income brackets coald better afford to convert. I should think if you had $20,000 for all, some men in the lower grades would not bp able to afford that large amount. Mr! EVFRETT. Of sou _se, I realize under the bill we have introduced in this committee, that I, as chairman of the subcommittee, have introduced, makes it mandatory to put it in writing if they an not want insurance. Do you think a lot of servicemen would back out and sign up that they did not want insure nee if you had the $20,000 rather than $10,000? Mr. RooD. If they thought they had to take $20,000 or nothing, I think many of them would. But given the opportunity to take a lower amount, I think navy would take $10,000 rather than $20,000. Some men who were orphans and had no dependents would not take any insurance because they would feel they had no need for it. Mr. +'VFanTT. Thark you, sir. We appreciate your being with us. Mr. Secrest. Mr. SECREST. No q'iestions. Mr. EVERETT. Mr. Ellsworth? Mr. ELLSWORTR. I want to say, Mr. Rood, how much we appreciate your management and leadership and that of the organizations you represent in coining up and testifying as you have before the com- mittee this morning. I think, Mr. Chairman, the organizations he speaks for have made an: outstanding contribution to this problem which we have before us. Mr. EVERETT. I want to concur in what you have said. As you know, at the meetinf;s we have had all along the line in the past 5 or 6 weeks they have b aen most cooperative and helpful. Mr. SaCREST. I would like to ask one question. If under agroup policy you insure 2 million at $10,000 each, is the rate cheaper than if you insured I million at $10,000? LVlr. Roon. No, sir, the rate would be the same. Mr. SECREST. No matter how many is in the group, the rate is the same? Mr. ROOD. In ncrmal practice we require a certain percentage to be covered in order to avoid selection. I would say in a group of this size the rate would be the same and we would not be concerned, about the percentage that was covered. Mr. Ev.FREnT. Thank you, Mr. Rood. We certainly appreciate again the work you have done on this matter for us. Mr. Roof). Thaik you, sir. (Statement refoired to follows:) STATEMENT ON 1I.R, 10873, S. 2127, AND RELATED PILLS BY AMERICAN LIFE CONVENTION, LIFE INSURANCE AssoCIATmN OF AMERICA, AND LIFE .INSUIIb11S CONFERENCE, PEE3ENTED BY HENRY F. ROOD My name is Henry F. Rood. I ain president of the Lincoln National Life Insurance Co., Fort Wayne, Ind. I appear today on behalf of the American Life Convention, the Life Insurance Association of America, and the Life Insurers Conference, three associations with an aggregate membership of 380 life insurance companies which have in force over 94 percent of the legal reserve life insurance, 3ne1uding 95 percent of the group life insurance, written in the United States. Approved For Rele314~bdN~}4P~4~0$~f0058~9 Appearing with me is Mr. Edward A. Low, actuary and statistician of the Metro- politan Life Insurance Co., Now York City. We appreciate this opportunity to express our views on II. R. 10873 and S. Con ve proposals. We understand the concern of the 2127, and related legislati p gress for the security children, parents, and other deendents of e,4 wives, timely for servicemen who die in the service e,4 their country. Wo agree that it is Congress to review what may be necessary for this purpose. We have studied the proposed group insurance mechanism provided in Ii. R. 10873, 'and believe it represents an appropriate and workable approach. On the other hand, we, think that the proposal for gratuitous indemnity in 8. 2127 is neither appropriate or desirable. HISTORY OF MILITARY SURVIVOR BENEFITS PROGRAMS Since 1917 the Federal Government has made some provision for the protec- tion and security of the survivors of servicemen. We need riot review with this committee the details of U.S. Government life insurance, national service life insurance, the gratuitous indemnity approach of 1951, or the dependency and indemnity compensation benefits provided since 1957 under Public Law 881. As you well know, however, Public Law 881 was developed after long and careful study, and in our opinion it was well directed toward the basic problem. In essence, that statute merged the previously existing programs of dependency compensation. and gratuitous indemnity, emphasizing dependency compensation related to need. Also, that statute provides rather substantial benefits. A recent study indicates that under Public Law 881 the average commuted value at death (taking into account interest, mortality, and remarriage) is $24,064, including those who do not leave qualified survivors. For the widows of most enlisted men, the commuted values are of the magnitude, of $20,000 to $30,000, and for widows of officers they range as high as $73,000. These figures do not include substantial allowances payable under the social security system, which in some cases may have the effect of doubling the figures above. QUESTIONS CURRENTLY BEING RAISED As a result of recent international developments, however, several questions are currently being raised concerning the adequacy of available military survivor benefits. A related question frequently asked is the extent to which private life insurance is available to members of the uniformed services. I would like to outline the situation in that regard before going on to a discussion of the pending bills. Members of the uniformed services not assigned to combat areas can today readily obtain insurance without it war exclusion clause from private life insur- ance companies. This coverage will continue in force after the individual moves to a combat zone. Recently, however, because of the conditions in Vietnam, a majority of the life, insurance companies have concluded that they will no longer write insurance on a serviceman already in a combat zone or alerted to move to one, or will write such insurance only with a war exclusion clause. We assume that the reasons for it company to discontinue writing are. fully understood. The hazards confronting some military personnel are very great but difficult to measure, so that appropriate extra premiums cannot be deter- mined. It may be, unfair to other policyholders to assume such very great risks at regular premiums. The seriousness of this problem will of course vary with the size of the company and the number of combat risks applying for insurance. It is clear, however, that there are sound and equitable reasons for it decision to decline applications of personnel already committed to a combat zone or to include a war clause in such instances. It is notable, however, that the practices of the companies are not uniform. The best information we have, based on a recent survey of our member com- panies, indicates that about 10 percent of them, including some of the largest, are still writing life insurance policies without it war exclusion clause on servicemen alerted for combat duty. Questions are also presently being raised concerning the adequacy of the benefit structure of Public Law 881. One point sometimes mentioned is that under the eligibility tests of that act some parents receive, no benefits whatever because they are classed as nondependent. A second point is that the present classes of beneficiaries under that net may be, too restricted, with the result that a number of servicemen die without any benefits flowing to individuals who may reasonably have looked to them for assistance-for example, minor brothers and sisters. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/1' 4W CfAiW ob41$ R000Soan00e9UtMED FORCES THE PENDING BILLS If Cmngrc ss decides to provide some additional protection for servicemen- whether because of concerti about the availability of private life insurance to those in a combat zone or because of questions about the adequacy of the present benefit structure we would urge that certain principles by recognized. Any such new program should meet the needs of the servicemen and their survivors, provide equitable treatment for all servicemen, and provide a stable and permanent solution. We believe that the group insurance plan of hLR. 10873 meets these tests, whereas the gratuitous indemnity approach of S. 2127 does not. In our opinion the gratuitous indemnity program is objectionable for several reasons. First, although it does provide protection for those who may find it difficult to obtain private insurance because of combat duty, it is inflexible and unrelated to the needs of survivors. Second, it draws a sharp distinction between those in a combat zone and those not. Such a distinction iss unfair. Third., such a program is not permanent in nature, but comes into operation whenever it is concluded that we are in combat. Finally, as already evidenced by S. 2127, such a program seems inevitably to load to conversion to Government insurance upon separation, even though the serviceman is in good health and can readily obtain private insurance. Such a result is, we believe, wholly unjustified. The grout insurance approach, on the other hand, meets the above-mentioned tests. First it would satisfy the needs of servicemen who may have difficulty in obtaining private insurance because of combat assignment, and provide flexi- bility as to amounts of coverage. Also, it would make available benefits to parents who are classed as nondependent under Public Law 881, and permit servicemen ti designate beneficiaries not eligible under that act, such as brothers and sisters. Second, it would provide equitable treatment for all servicemen, with. insuranuc available to all, but with the Government paying the costs of the extra hazards of active duty in the uniformed services. Third, it would be a permanent program, applicable regardless of the existence or absence of combat situations. Finally, we might point out that this group plan would make available to members of the uniformed services insurance benefits comparable to those which have long been available to Federal civilian employees, as well as to employees of large employers. We want ;o assure the committee that in our opinion a group plan of this type would t e workable. Although we have not surveyed our membership with respect to participation, a number of companies have already informed us that they would be willing to cooperate in such a program. It seems reasonable to ex~ect that the participation here would be somewhat in the order of that under F]LGLI, where some 270 life insurance companies have a share in the program. Before doling, I would like to mention several matters which are rather tech- nical in natu?o. In general, we think that II.R. 10873 is very well drafted and would require little change. There are three points, however, ,which we consider important for your consideration. First, the r:ew section 766(c) is open to the construction that any life insurance company may elect to be a roinsurer. It would seem that to the interests of sound operat:on and administrative feasibility the statute should provide for the establishmen of some reasonable standards for qualification and extent of participation. Second, new section 768 provides that upon separation from active duty the serviceman rray replace his group insurance with private insurance obtained without medical examination from anyone of the companies participating in the program. Tais conversion feature might lie expanded to include other companies electing to resister for that purpose. Third, the provisions of the bill as to payment of premiums tinder the group policy need careful examination. The new section 769 dealing with contributions traceable to extra hazards should be integrated carefully with those of section 771. Furthermore, section 769 should clearly spell out that monthly contributions thereunder with respect to extra hazards are determined as %p proximations and are subject t) retroactive adjustment upon the periodic examination of excess mortality. Thank you for this opportunity to express our views. The staffs of the asso- ciations, as cell as the personnel of member companies, will be pleased to give this committee and its staff any additional information or assistance you may desire. Approved For ReleaW? f1Y1 l ztW P69bU4696MI N605&31, Mr. EVERETT. Mr. Hansen is in the audience. Come forward Mr. Hansen, we will be happy to hear from you. As I have said, Mr. Hansen, we are not trying to cut you off in time but if you have a statement we will be happy to have you file it and hit the highlights of your statement in order to conserve time. Every time you read a paper you do not know whether we will be here until Halloween or Columbus Day or whether we will be here until Thanksgiving. So we do want to move ahead on this matter. Mr. HANSEN. I will treat this matter with dispatch because I am in just as big a hurry as you are. Mr. EVEnETT. Thank you, sir. STATEMENT OF HON. JOHN R. HANSEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF IOWA Mr. HANSEN. I want to thank you for the privilege of appearing before your committee on this matter this morning. First, I want to ask your permission to have made as a part of the record a statement which I mailed to the chairman of the full commit- tee, the Honorable Olin Teague, which in the main encompassed a typical message from it constituent outlining a family problem. Mr. EVEnETT. Without objection, that will be made a part of the record at this point. (Document referred to follows:) HOUSE OF IIEPEESENTATIVES, Washington, D.C., August 30, 1965. Hon. OLIN E. TEAGUE Chairman, Veterans' Affairs Committee, Cannon House Office Building, Washington, D.C. DEAR CHAIRMAN TEAGUE: In accordance with your request that I send over to your committee a statement on H.R. 10630, which deals wiuhaspecial indemnity for the survivors of servicemen who are killed or die as a result of injuries suffered in a combat some, I am sending the enclosed statement. If this is not to be considered by your full committee in its hearings this week, I hope you will refer it to the proper subcommittee for consideration. Thank you very much for your assistance. Sincerely, JOAN R. HANSEN, Member of Congress. STATEMENT OF LION. JOHN It. HANSEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF IOWA I appreciate very much the willingness of Chairman Teague to permit me to testify on H.R. 10630. I introduced this measure which provides for special indemnity insurance for the survivors of servicemen who are killed or who die as a result of injuries suffered in a combat zone. While I am aware that the whole matter of insurance coverage was given. a long study by the committee and it was concluded that a compensation program would be more feasible than an insurance program, I still fool that proper consideration should be given to the peculiar problem that our young men in combat now face. I have been informed that some companies have included a military service exclusion in their policies and according to the office of the Iowa insurance commissioner, the number who are planning to add such an exclusion is growing at an increasing rate. What this means in an individual situation is well demonstrated in the attached letter from a friend of mine who has outlined what it means to his son. It is apparent that our growing involvement in. world affairs is going to include more frequent requests for assistance to nations that are threatened by a ommunist takeover. Approved For~2elease 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/41M : 8jAE gb7ENU44jMWdt( UZ1bbd5A?MED FORCES If our servicemen are to serve at their peak performance, they cannot be hampered with a nagging concern for their families' financial security in case of their death. I feel that with the hazardous duties given these men and the fact that some insurance companies have an exclusion clause in their policies, it is imperative that we should do everything possible to remove a heavy mental strain now bong imposed on these men, At the presant time Nye are moving toward the commitment of 100,000 troops in Vietnam. These men are being called upon to place their lives on the line in the fight for Ireedom. I do not think it is too much to ask us to assure these men. that in the event of their death, the families which they leave behind will at least be provided with a small amount of security. It may be t nit the members of this committee will find a bettor solution to this problem than my bill proposes, such as requiring insurance companies to remove their exclusion clause from their policies. Whatever is done, I am deeply con- cerned that these young men will not be further penalized because they are giving a period of their lives to the service of their country. lion. JOHN R. IIANSEN, Member of Congress, Longworlh Budding, Washington, D.C. DEAn CON(RESSMAN IIANSEN: We are concerned about the life insurance of our only child a son, age 20, Kenneth U. Glass 11, who is now a member of the U.S. Marine (corps. I have beer. advised by the Marine Corps enlistment officer that servicemen no longer have the opportunity to buy coverage which I believe was at one time known as G;. insurance. Our son is remarried, and at this stage in life lie is nearing that transition period when a, a child lie soon will cease to boa dependent-the tables are turning with the parents becoming closer to being the dependents of the new adult. For the rcc(rd we want you to know that we sincerely appreciate the interest you have shown as a Member of Congress in this matter. This shows us that you have the 'icon interest of all the people at heart, as you sock ways to obtain passage of tort eetive legislation designed to servo the best interest of our citizenry and our Government. Last night, f, closely reviewed our son's life insurance policies to determine the exclusions which now apply because of his enlistment in the Marines. I am hopeful that tic following facts will be of value to the committee taking a now look at the matter of insurance for members of the Armed Forces. My findings are: 1. A $10,00) policy written by the American Casualty Co., of Reading, Pa., states, "coverage is excluded by war or act of war, or accident while the insured person is in the military, naval or air service." 2. A $10,000 policy written by the American Health & Life Insurance Co., of Baltimore, Md. They term their policy the "Ammerican College Plan," which is a term policy co tvertible to a whole life policy (after 5 years). This policy carries a brochure ststing "the insured has armed services protection since no GI in- surance is available." The catch is this. The term policy is subject to cancolla- tion, and the3 require the completion of an annual questionnaire. Since the policy is up to renewal on September 6, and the fact has been reported that the insured is a mcnher of the Marine Corps, I question if the renewal will bo accepted. 3. A $500 policy taken as an infant with the Prudential Insurance Co. of America, carries an exclusion while the insured is a member of the military, naval, or air forces of any country at war, declared or undeclared. 4. A $1,000 policy with the rrudontial Insurance Co. of America, is a 20-year pay life policy (now paid up) and it apparently contains no war risk exclusion. This policy was taken out in 1947, shortly after the close of World War II. Congressman Hansen, it is easy to see that our insurance coverage is shrinking because of our son's interest in serving and defending our country. And while we all recognize that no amount of insurance is ever sufficient to compensate fm the loss of life under any circumstances we believe that parents and/or future dependents are entitled to have coverage for one serving the Armed Forces, either it home or abroad. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Releae OO31TT/O$:' MIBoO' $ fff bb5-;833 Your cooperation and assistance in pressing for legislation which will provide insurance coverage of American sons and daughters serving our country is appre- ciated, not only by us, but by tens of thousands of moms, dads, and wives of service.ersonnel. Jlncerely, KENNETH E. GLASS, West Des Moines, Iowa. Mr. IIANSEN. Following that, I would like to ask permission to revise and extend my remarks that are being rondo this morning. (Which, in essence, adds to what the letter from the constituent covers.) Mr. EVERETT. Without objection, it is so ordered. Mr. HANSEN. A friend of mine who is in the laisurance Department in the State of Iowa has outlined for me a trend which is taking place on an over-increasing tempo. Insurance companies are filing or attach- ing a combat rider to the existing policies which they have with their insureds. This points up my reason for having an interest in the Senate- passed bill No. 2127 and a comparable bill which I introduced several weeks ago, II.R. 10630. Mr. EvERETT. What are the provisions of your bill? Mr. HANSEN. This bill is merely an indemnity provision which does not call for any insurance contract at all. It is it direct indemnity payment in the event of death through combat, in combat, or within 2 years following combat as a result of injuries received in combat. Mr. EVERETT. As it service-connected case. Mr. HANSEN. That is right. Mr. EvERETT. What about a training accident in Fort Riley or Fort Leavenworth or Fort Benning? Mr. HANSEN. That is not provided for in this measure. Mr. EVERETT. Have you had a chance to look over the bill that the committee has introduced? Mr. HANSEN. No, I have not. Basically, what this measure is intended to do is to take up where life insurance, old line life insurance, regular contract policies, leave oft. A fellow who is in Fort Bruning, for instance, is not in the combat zone. So the rider that is applied to his policy, as I understand the riders that are being written, would not be applicable. So there would be no need for the indemnity insurance or payment to be made in a case of that kind on the part of the U.S. Government. That will conclude my statement. (Statement referred to follows:) STATEMENT OF IION. JOHN R. IIANSEN, A REPRESENTATIVE IN CoNCRESS FROM THE STATE OF IOWA Mr. IHANsEN. Chairman Everett and members of the subcommittee, I am pleased to have this opportunity to present my views and testify on behalf of 11.11. 10630, which I introduced, and similar bills concerning servicemen's insurance coverage. I have previously sent it statement to Congressman Teague regarding my views in this matter. Today I wish to emphasize some of the points made in my com- munication and to bring now testimony to your attention. While I am aware that the, whole matter of insurance coverage was given a long study by the committee and it was concluded that a compensation program would be more feasible than an insurance program, I still feel that proper consideration should be given to the peculiar problem that our young men in combat now face. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003ft44 :1SM RiDP6IBQD4A> 005Mt ?T ED FORCES This bill would provide special, cost-free, indemnity life insurance for members of the Armed D orgies serving in areas designated as combat zones by the President. Our growing involvement in world affairs, and especially in southeast Asia at the present time, is requiring a parallel growth and commitment of U.S. service- men. If these servicemen are to serve their country at their best, we must insure them peace of mind regarding the financial security of their family in the event of death, One of the basic ingredients of financial security is the vehicle of insurance. I em sure if we were to examine the portfoli s of servicemen who have planned fir their survivors financial security we would find the main basis to be life insurance. The vehicle of life insurance readily allows a person to create an estate of considerable size prior to his actually accumulating this estate. It allows a per Ion to plan for life but also gives his survivors protection should I he not live to earn this estate. With the buildup in Vietnam, insurance companies have been reviewing their war and military exclusion clauses. The serviceman bound for Vietnam or with imminent assignment to that area finds it extremely difficult to rocnre insurance against hazards that he will face there. It is understandable that the companies do not care to underwrite the uncertainty that our young Americans will face in southeast Asia. It is even mo,c understandable that they are declining to underwrite the higher mortality exper enee of a Marine serving in Chu Lai than that mortality experience of the stateside civilian. The effect of the war and military clause is well demonstrated in the letter I received from a friend of mine regarding his son's insurance. I am also submitting with this testimony a copy of a letter from Mr. David I). MacDonald, A.S.A., actuary of the insurance Department of Iowa. His letter reflects an increasing trend for insurance companies to attach the war risk rider to their existing con- tracts. Basically, as f see this situation, our commitment and involvement in Vietnam particularly has necessarily resulted in an increase in American servicemen serving in that area. 'Their transfer and imminent transfer to these areas are precluding them from planning and obtaining a very basic and important means of planning for their survivor's security. I believe H.R. 10630 will adequately insure this important Ricans to the serviceman and merely picks up where the private segment of insurance leaves off. INSU11ANCE DEPARTMENT Or IOWA, Re military and War risk exclusion clauses. Des Moines, Septaenber 2, 1965. Hon. JOHN it 3ANSEN, Representative, Seventh District of Iowa, Longworth Building, Washington, D.C. DEAR Conan98SMAN IIANSEN: Ken Glass has contacted me regarding your interest in the current activities of life insurance companies in connection with military and war risk exclusion clauses. He indicated that you would appreciate information per,aining to the domestic and foreign companies licensed to do business in Iowa. As of August 31, 1965, the following is a breakdown on companies licensed in Iowa, and those having approved military and war risk exclusion clauses: Domestlc------------- _ ______________________________________ ------------------------------------- Total__..___.-_________________________ Numhor having clause 5 87 Percent having claw;o 18.5 32.8 31.5 To relate morn current experience, 34 companies have had elduses approved since January 1, 1963. Presently three companies have filed clauses which are awaiting review or approval. It should be noted, however, that, a majority of the clauses filed since January 1, 1963, are revisions of previously approved forms. These revisions are primarily in the area of a redefinition of home area Approved For Release; 2001 M'A tl'EWftt1o 16DUtd021cod0'9 States, and to collect INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2835 the fact that the industry is presently operating under a new mortality table; namely, the 1958 C80 mortality table. It is also interesting to note that companies filing clauses do not intend to currently use them; rather, it is their desire to have them on file fn the event that future world conditions warrant their use, As you may know, a military and war risk exclusion clause generally provides that if death occurs as a result of the hazards of war and the military (as defined in the clause), then the benefit payable is equal to the greater of the premiums paid or the reserve of the policy. (For informational purposes, I am enclosing a copy of an exclusion clause Clod by one particular company. It should be noted that the form is that of out, company and is not indicative of the format and language used by all companies who have. If clause on life.) While complete exclusion of risk is the most extreme position, companies are now generally using the approach of issuing only a limited amount of insurance (mostly $5,000 to $10,000) to those persons in the military, or those who are facing an impending draft situation. Since this approach encompasses under- writing rules rather than contractual language in a policy, it would be somewhat difficult to give explicit information regarding all companies without having the benefit of a survey conducted through the use of a questionnaire sent to all insurance companies. If you have any questions or desire any further information, please let inc know. Very truly yours, D&vro 1). MACDONALD, A.S.A., Actuary. RIDER Monrrrrrvc CoNraner Dun TO IfAZABDS of Wa8 This rider is made a part of the contract to which it is attached and if the basic contract to which it is attached or any provision attached to and made ,% pert of the contract contains a conversion option, this rider will be made a part of any contract issued as a result of the exercise of such option. "Home area" as used in this rider means the 50 States of the United States, the District of Columbia, Panama Canal Zone, Virgin Islands, Puerto Rico, and Canada. Death benefit.-No risk is assumed under this contract if the insured's death occurs: 1. While the insured is serving in the armed forces of any country or inter- national organisation, if (a) death is the direct result of war, whether war is declared or not, or any act of war or of international armed conflict; and (b) death occurs while the insured is outside the home area, or within 6 months after return to the home area or termination of such service, which- ever is first; or 2. White the insured is serving in the armed forces of any country or intor- na'tional organization, if death results from travel or flight in, or descent from, any species of aircraft, and, during such travel, flight, or descent, the insured shall have aeronautical training or duties in connection with such travel, flight, or descent; or 3. While the insured, within 2 years from date of issue of this contract, is engaged outside the home area in a civilian noncombatant occupation requir- ing association with the. armed forces of any country or international organi- zation, if such occupation causes exposure to perils of war, whether war is declared or not, or any act of war or of international armed conflict, and if death is the direct result of such war, act of war, or of armed conflict, and death occurs outside the home area or within 6 months after the insured's return to the home area. However, upon receipt of duo proof of the death of the insured under the con- ditions stated in paragraph I or 2 or 3, above, the company will pay to the beneficiary, in lieu of the amounts provided in this contract, the reserve on the amount of insurance provided by this contract at the date of death, less any indebtedness to the company on or secured by this contract; provided, however, if this contract shall have been in force. for not more than 2 years from date of issue, the company will pay a sum equal to the amount of gross premiums thereto- fore paid, less any undobtednoss to the company on or secured by this contract, if such sum shall be greater than such reserve. Premium waiver- 1. The "provision for premium waiver in event of total disability," when made a part of this contract, is amended by adding the following now section immediately after the section entitled "Benefits": Exclusion.-No premium will be waived or refunded under this provision if total disability results, either directly or indirectly, from injury or disease incurred while serving in the armed forces of any country or international organizatior either at war, whether war is declared or not, or engaged in any act of war or of international armed conflict. 2. "The provision for premium waiver in event of death or total disability of the applicant," when made a part of this contract, is amended by adding the following new section immediately after the section entitled "Benefits": Exclusiot.,-No premium will be waived or refunded under this provision if total disability or death results, either directly or indirectly, from injury or disease incurred while serving in the armed forces of any country or inter.. national organization either at war, whether war is declared or not, or en- gaged in any act of war or of international armed conflict. This rider is made a part of this contract at its date of issue. Tom TRAVELERS INSURANCE CO., R. F. Swswe, Secretary, Life Department. Mr. EVEr,ETT. Thank you a lot, Mr. Hansen. Mr. Secrest? Mr. SECB.EST. No questions. Mr. Evn3ETm. Mr. Brown? Mr. Ellsworth? Mr. ELL ;WORTH. We certainly appreciate your contribution today. We will certainly give it every consideration when we get into execu- tive session. Mr. HA cSEN. Thank you. Mr. Ev METT. We have Congressman Weltner from Georgia. We will appreciate it if you will file your statement for the record and you hit the high points. STATEMENT OF HON. CHARLES L. WELTNER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF GEORGIA Mr. WELTNER. Thank you, Mr. Chairman. I will file a very brief statement for the record. Mr. EVEREVTT. Without objection, it will be filed at this point in the record. (Statement referred to follows:) STA'nrmssT OF LION. CHARLES LoNesTREET WELTNER, A. REPRESENTATIVE IN CoNorEss From Tnr STATs or GnouniA Mr. Chairman, I appreciate the opportunity to appear here today on behalf of If. It. 10286, which I introduced on August 4. This Mill would amend title 38 of the United States Code to provide special indemnity insurance for members of the Armed Forces serving in combat zones. The bill would be retroactive to January 1, 1962. Since then, approximately 600 American fighting men have died in Vietnam. Our participation in this war is Icing expanded, and troop requirements presently tire 125,000 men. Con- gress eerller this session appropriated an additional $700 million to support the war, the draft has doubled, and studies are being made to determine whether Iteservs units should be reactivated. It is virtually impossible for a serviceman headed for Vietnam to purchase insurance which will provide for his family in case of his death. The coverage by pri"ate companies is inadequate and prohibitive in cost. At ;he present time, under the dependency and indemnity compensation program, a widow of a serviceman can receive $120 a month plus 12 percent of her htsband's basic pay. Parents can qualify under this program if they meet dcpenieaey requirements. One parent living alone with an annual income of less tl.an $750 could receive $83 a month; with an annualincome of $1,000 or lose, $63 a month; with an income of $1,250 or less, $50; with an annual income of $1,50) or less, $33.50 a month; with an annual income less than $1,750, $17.00 a me nth. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11QEj2RFq7A`rA9W1A?r9roRcEs 2837 A parent, earning more than $1,750 a year-even if he or she is the sole survivor of the serviceman-will receive no insurance. These benefits are, payable whether the serviceman dies of pneumonia at a stateside installation or on the battlefield in Vietnam. My bill would provide extra and deserved benefits for death on the battlefield'. I believe that it is the responsibility of the Federal Government to provide an insurance program for these servicemen, as it did for servicemen in World War I, World War II, and the Korean war. It has always been the policy of the Federal Government in time of war to provide special, cost-free, life insurance for American serviceman. This is right, and it is the least that we can do for the men who risk their lives for us and for the preservation of freedom around the world. I urge that this committee favorably consider If.IR. 10286, and hope that it can be passed during this session of Congress. Mr. WELTNER. I appear in support of the measure under consider- ation by this committee. Some weeks prior to the passage of the Senate bill, I introduced in the House, a bill styled H.R. 10286, which would provide $10,000 indemnity compensation for the beneficiaries of the serviceman who lost his life in a combat zone. I am certainly familiar with some of the problems in designating the term combat zone. However, I feel that that can be done. It has been done in the past. Under the present situation a serviceman who lost his life in support of his country leaves no estate unless he comes within the provisions of dependency under existing statutes. Now it seems to me that we should provide for this war in which this country is engaged the same protection for the serviceman who lost his life in a combat zone that we have provided in previous engagements. .1 appear in support of H.R. 10286. I think it is time for Congress to act on this measure and I urge this committee's favorable con- sideration. Mr. EVERETT. Thank you, sir. Now, does your bill set up the old national service life insurance program or does it pay the widow out of the Treasury? Mr. WELTNER. My bill, Mr. Chairman, pays the widow or the beneficiary or the next of kin from the Treasury over a period of 20 years at 2j~ percent interest. It is not an NSLI plan. The bill specifically provides that if there is any NSLI insurance in effect, the indemnity providel under this bill would be the difference between the NSLI payment and the total of $10,000. Mr. EVERETT. Would a man who was killel in a training accident in Fort Benning in your State be covered under your bill? Mr. WELTNER. No, sir. He would only be covered by loss of life in a combat zone. Mr, EVERETT. Mr. WELTNER. Mr. EVERETT. insurance for all companies under system today? Mr, WELTNER. deserves careful proposition. Designated by the President? Yes, sir. What is your thinking along the general theme of servicemen wherever they might be, with private a group plan such as we have in the civil service I think that would certainly be an area that consideration. I would tend to support that Approved For Releasse 200Wf>~I.6IA hb0Wttft44~Y01~~0~P~FD00BES However, it seems to me that there is some difference in the responsi- bility of the people in this country to the survivors of the serviceman who lost his life in a combat zone. Inder the present circumstances where the Nation is not engaged in an all-out war, it seems to me that we owe some special considera- tion to the families and survivors of those servicemen. Mr. EVERETT. Thank you. We are certainly happy to have you. You have made an outstanding contribution. Mr. Secrest? Mr. SEmtEST. I just, want to commend you for your bill ands also for your testimony. Mr. EVERETT. Mr. 3rown? Mr. BROWN. No questions. Mr. EVERETT. Mr. Ellsworth? Mr. ELLSWORTU. I certainly want to join the chairman and the other members of the subcommittee in commending Congressman Weltner for his really outstanding contribution. He has been active in this field for months, I know. We certainly appreciate, Congressman Weltner, your coming up and helping us out this morning with your testimony. Mr. WEI:TNER. Thank you, sir. Thank you, Mr. Chairman. Mr. EVERETT. Mr. Dunaway, we are happy to have you with its today. We understand you were scheduled for tomorrow but you will have to be out of town. We are certainly happy to accommodate you. You have been here th-oughout the whole hearing. You have hoard the advice I have tried to give everyone else to be as short as possible and to hit the highlights. If you can do that, I will appreciate it. STATEMENT OF CAR:;YLE M. DUNAWAY, GENERAL COUNSEL, THE NATIONAL A3SOCIATION OF LIFE UNDERWRITERS Mr. D UNAWAY. Thank you, sir. Mr. EVERETT. Whoa do you represent, first, so that the record might show? Mr. DUNAWAY. I will read that right now. My name is Carlyle M. Dunaway, and I am general counsel of the National Association o' Life Underwriters. My organization is a trade, association with an aggregate membership of over 93,000 indi- viduals, principally life insurance agents, general agents, and managerrs. Mr4 EVERETT. The companies do not belong to your organization? Mrj DUNAWAY. No, Air; we represent life insurance agents and general agents and managers. We do have some company officials who are associate members but they are in a very small minority. Mr.. EVERETT. Go ahead. Mr. DUNAWAY. My purpose in appearing before your subcommit- toe today is to give you my association's views regarding certain proposals that you have under consideration to amend-or, more, specifically, to add to-he existing system of servicemen's survivor benefits. I would like, in parti,ular, to direct my remarks to the Senate. passedi servicemen's and,mnity bill, S. 2127, and the servicemen's group ;life insurance bill, H.R. 10873. S. 2,127 would provide: each serviceman on active duty with free Approved For Release ~3t fP&'."d - 7'6b 4 IM56O11 against Approved For Release 2003/11 ~E 1T~T t 6 ~~~ ~~2 ~5~ 1 e8 RJ FORCES 2839 death occurring in a "combat" zone or as a direct result of an injury or a disease incurred while serving in such a zone and not more than 2 years prior to death. This death benefit would be payable in 120 equal monthly installments, with interest at the rate of 2j percent per year. The serviceman could choose the beneficiary or beneficiaries of the indemnity within the following four classes: spouse, children, parents, and brothers and sisters. Thus, he would not be limited in his choice to beneficiaries who were actual dependents. As I have already indicated, the entire cost of the indemnity benefit would be borne by the Federal Government. S. 2127 also provides that, generally speaking, any serviceman who hill had the indemnity coverage while serving in a combat zone would have the right to bay lip to $10,000 of national service life insurance, without medical examination, within 120 days after his separation from active duty. in short, S. 2127 would in essence resurrect a limited version of the $10,000 gratuitous indemnity program which was provided under Public Law 23, 82d Congress, and which was later eliminated by Public Law 887., 84th Congress-the Servicemen's and Veterans' Survivor Benefits Act of 1956. On the other hand, H.R. 10873 would create a group life insurance program. which would be underwritten by one or more private carriers and which would provide coverage for all members of the Armed Forces, rather than just for those serving in combat zones. Under this proposed group plan, as we understand it, each service- man would automatically be covered for $10,000 of insurance unless lie elected in writing- either to reject the insurance or to take a smaller amount. He would pay for the entire cost of the insurance except that portion of the cost attributable to the extra hazard of military service. His contributions would be set at a fixed amount, regardless of his age, and would be deducted each month from his basic pay. The Federal Government would contribute to the plan those amounts determined by the Administrator of Veterans' affairs to be sufficient to meet that part of the insurance cost attributable to the extra hazard of military service. The serviceman would be completely free to designate the bene- ficiaries of the insurance. However, if he did not make such it designation., or if the designated beneficiaries did not survive him, the insurance proceeds would be paid to other beneficiaries in the order of preference specified in the bill. Finally, the serviceman would have the right, within it certain period of time following his separation from active duty, to buy an individual insurance policy from any one of the carriers participating in the group program. Presumably, such it policy would be issued without it medical examination and in an amount not to exceed the amount of the terminated group coverage. In making our appraisal of the foregoing measures, we have at- tempted to determine, first, whether or not a problem exists that necessitates or warrants action by the Federal Government at this time, and second, if such it problem does exist, the most appropriate means of solving it. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For ReI4849 211aD9 f s: @i34?T~g3i~B ~00~k6 ~f1 ~1$f; In this process we have carefully considered the history and purpose of Public Law 881, 84th Congress, which I will now briefly review. As your subcommittee will recall, Public Law 881 was enacted in 1956 largely in the form in which it had originally been developed by the House Select Committee on Survivor Benefits after many months of exhaustive study and numerous public hearings in 1954 and 1955. Among the prime objectives which the select committee sought to achieve, and which were reflected in Public Law 881, as finally enacted, were (1) the substantial liberalization of benefits payable by the Veterans' Administration to the surviving dependents of deceased servicemen at as small an additional cost to the taxpayers as possible, (2) the concomitant elimination, by and large, of th.e payment of Government benefits to nondependent survivors, and (3) the removal of any distinction between the amount of survivor benefits paid on account of in-service deaths occurring in peacetime and those occurring in wartime. Regarding the last-rientioned objective, the termination of the $10,000 gratuitous indemnity program, and the adequacy of the benefits provided in Public Law 881 (then designated as H.$. 7089), the select committee made the following statement (H. Rept. 993, 84th Cong., pt. I, p. 26) Special note should be taken that the committee has labeled future Veterans' Administration payments as "dependency and indemnity compensation." ]'his has particular significance, for although the gratuitous indemnity is terminated under this bill 'the committee is of the opinion that the increased Veterans' Adniin- istration payments do ref cot what was formerly both compensation and in- demnity. In testimony before the committee some witnesses have stated that in the event of another national emergency or war, where men entering the Armed Forces could not obtain additional survivor benefits via commercial insurance except with a war clause provision, it would be necessary for the Federal Government to provide some insurance prrtection under a Government-sponsored and Govern- ment-underwritten program. Under the package benefits-i.e., Veterans' Administration dependency' and indemnity compensation plus social security-contained in its bill, the committee feels that the coverage provided is adequate for both peacetime and wartime conditions. The committee urges that, following enactment of the proposed legislation, the Congress, in the future, not consider adding insurance or any other supplementary survivor benefits beyond those provided in I3.1t. 7039. The philosophy thu; expressed by the select committee was, ob- viously embraced by Congress-and, particularly, by the House of Representatives--for while H.R. 7089, as amended by the Senate Finance Committee aid passed by the Senate, included a provision that would have revived the $10,000 gratuitous indemnity in case of war or national emergencies involving hostilities, that provision was deleted in conference. Even at the levels Initially set on January 1, 1,957, the effective date of Public Law 881 the VA dependency and indemnity compensa- tion (DIC) benefits and the social security survivor benefits provided thereunder were generally conceded to be quite generous. And both types of these benefits have since been rather substantially increased. Therefore, in our opinion, there can be no serious question regarding the ndequacy of the levels of benefits provided to eligible survivors of deceased servicemer. The problem, if there is a problem, seems to stem principally from Approved For Rele 'faOO31tht/OtviCI*aDff67B8044@Rf MOM106t%a*ders to go Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2841 to, it combat zone such as South Vietnam, are finding it increasingly difficult to buy privato life insurance, or to buy such insurance without war exclusion clauses. In these circumstances, it is argued, many such servicemen are being deprived of the opportunity to supplement the Public Law 881 survivor benefits or-perhaps more irnportant--to provide any sur- vivor benefits at all for certain classes of individuals (notably, non- dependent parents) who are not eligible to qualify for Public Law 881 benefits. For example, in its report of August 16, 1965, accompanying S. 2127, the Senate Finance Committee had this to say (S. Rept. 619, 89th Cong., 1st sess., p. 3): It was readily apparent to the committee, therefore, that thousands of young men who are being called to service as a result of the current planned buildup of our forces, have great difficulty and, in many cases, are unable to secure adequate insurance protection for their families. Thus, the unavailability of private insurance coverage makes it obligatory for our Federal Government to provide all servicemen in combat areas with insurance protection as proposed in this bill. At the August 11 hearing held by the Senate Finance Committee on S. 2127, we opposed enactment of the bill for two main reasons. First, we took the stand that reinstatement of the proposed $10,000 gratuitious indemnity on top of the present DIG benefits would materially vitiate the carefully developed plan of the House Select Committee on Survivor Benefits and the intent of Congress in enacting Public Law 881, which I have earlier mentioned, and tend to add sub- stantially to the cost of the VA's overall survivor benefits program. Second, we contended that the proposed indemnity program is unnecessary for the reason that although servicemen are admittedly now finding it quite difficult to buy private life insurance without war exclusion clauses once they are in, or have been ordered to, it combat zone, they still have ample, opportunity to buy insurance policies containing on such clauses at least until the very time they are alerted to go to a combat zone. In that connection, I would like to stress what Congressman Hanson said a while ago, that we see in those servicemen the source of the real problem that Congress is faced with today. It is our feeling that but for the fact that these men who are ordered to combat zones, or who are in combat zones, are unable to buy private life insurance without war exclusion clauses, there would he no pressure on Congress to do anything at this time. With respect to the question that you addressed to several witnesses, Mr. Everett, as to whether or not the indemnity bill would cover death in training camps and so on, of course the answer is no, it would not. But there again, those men are still able to buy all the private insur- ance they want without war exclusion clauses, so they don't pose the problem. Mr. EVERETT. Well, will they? Mr. DIINAWAY. I hope that if our 93,000 members gat on them, they will. I don't think it is because of any lack of aggressiveness on the part of our agents that some servicemen have not bought life insurance. I imagine that a lot of the servicemen who have been killed in Vietnam had ample opportunity at one time or another to Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2842 INDEMNITY OR INSURANCE FOR THE ARMED FORCES buy insurance but that for one reason or another, they decided to put it of to another day, which, as any life insurance agent will tell you is a very common obstacle to the sale of life insurance. Mr. EVERETT. I thick a. lot of people buy insurance on account of the aggressiveness of the insurance salesman. They would not have it otherwise when they needed it. There are ft lot of policies I would not have bought back yonder if it had not been for the aggressiveness of the salesman at that time. Mr. DTNAWAY. There is an old adage that life insurance is not bought, it is sold. We have since reviewed one position on S. 2127. In the process, we have concluded that any problem which may now exist with respect to servicemen's survivor benefits and which may warrant action by the Federal Government involves only servicemen in the relatively limited category referred to above, who cannot now buy private life insurance without war exclusion clauses. We have also concluded that if Congress feels impelled to take. care of this problem, the indemnity approach provided in S. 2127 would appear to peoeide the most desirable and equitable solution, and that we would have io further objection to S. 2127, provided that it was amended in one important respect. The amendment referred to would be one that would permit a serviceman, upon separation from active duty, to buy national service life insurance only if he had incurred a service-connected disability that rend3red him commercially uninsurable at standard. rates, Mr. EvERErT. Yen mean he is service connected and comes under the law that we pawed last year, or the year before last? Mr. DUNAwAY. No, sir. That is the distinction I want to make here, Under the law now in existence, a discharged serviceman may buy NSLI if he has a service-connected disability Which, although ?ero in degree for the purpose of compensation, is in a category which would entitle him to compensation if it were 10 percent or lucre in degree. ; In other words,3here are cases that I have heard of where, lot us say, a serviceman has an appendectomy while in service. It is a perfectly normal appendectomy but he comes out of the service with a scar. As I understand the situation, that man can buy NSLT upon determination that he did have this slight disability. The same thing is true of another case of which I heard where a serviceman suffered a cut over one eye which required several stitches. This man, we were told, would be entitled to buy NSLI under existing law. We think that such a man ought to have a service-connected disability which impairs his insurability at standard rates in order to qualify for NSLT. I don't mean that the disability should render him completely commercially uninsurable but simply uninsurable at standard rates. Mr. EVERETT. Yes. Go ahead. Mr. DUNAWAY. We are very much opposed to H.R. 10873, the servicemen's group life insurance bill, for several reasons. In the first place, by making $10,000 of group life insurance coverage available to every member of the Armed Forces, this bill would needlessly provide for the vast majority of servicemen who, on their Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR TIIE ARMED FORCES 2843 own, can already buy all of the life insurance that they want or need without war exclusion clauses. Second, while it is true that each serviceman would automatically be covered under the proposed group program unless lie elected either not to be covered or to be covered for less than the $10,000 maximum, the fact is that he would have the right to make such an election. In our opinion, this might tend to produce a situation, similar to that experienced in the case of the World War II NSLI program, in which many combat servicemen who needed the insurance coverage most might wind up with much less than the full $10,000 of coverage or, even worse, with. no coverage at all. Mr. SECREST. From that statement you either figure they all ought to be covered or none, we ought to cover all of them if we are to cover any to the maximum. Your statement infers if you take a little piece of it, it is no good. Mr. DUNAWAY. If you are talking about covering m.andatorily all of the members of the Armed Forces under an indemnity program, for example, we would be opposed to that at this time. But as to the proposed group program, first of all, we think that it is too broad. It represents a shotgun approach to it problem which requires a rifle approach. However, we merely point out, the election feature as being it possible weakness in the proposed group insurance approach and one which might lead to the type of situation referred to in my statement. In that connection, during World War II, 1 believe it was shown that something like 10 percent of the servicemen killed had no NSLI at all while something like 44 percent of those insured had less than the full $10,000 of coverage. This was one of the factors that con- tributed greatly to the abandonment of the NSLI program originally. Finally, H.R. 10573 provides in effect that the Federal Govern- ment would bear that portion of the cost of the group life insurance prod am traceable to the extra hazard of military service. Since this is the case, we submit that it would be much simpler and perhaps less expensive for the Government funds to be paid directly under the type of iudernnity program proposed in S. 2127 rather than under a comprehensive and complex insurance program of the sort contemplated by H.R. 1.0873. On behalf of my association, I would like to express deep apprecia- tion for this opportunity to appear before your subcommittee. If you feel that we can be of further assistance to you in your considera- tion of S. 2127 or H.R. 10873, we trust that you. will contact its at any time, Mr. EVERETT. Thank you, sir. I know that you are opposed to H.R. 10873, but given the choice between H.R. 10873 and reopening national service life insurance as it was in World War IT, which choice would. you take? Mr. DUNAWAY. You present me with it Ilobson's choice, Mr. Chairman. I think that we would in that case undoubtedly have to go for the group life insurance program. Mr. Evnt ETT. Thank you sir. We certainly apprenate the con- tribution you have made. Mr. Ellsworth? Mr. ELLS WORTH. Thank you, Mr. Chairman. I have no questions. Mr. EvLRETT. Mr. Socrest? Approved For Release 2003111/04: CIA-RDP67B00446R000500210005-9 Mr. SECnEST. This has -nothing to do with this bill, but 39 years: ago I was an insurance agent. My old district manager would always: say you contact 10, you will sell 1. Have you upped the percentage? Mr. DUNAwAY. I can't answer that queston, sir. I am only a lawyer. I only go arouna with a lot of life insurance agents. So I really could not answer thrt question. All I know is this: The agents still wear their shoe soles out and keep their knuckles raw knocking on doors trying to persuade the people of the country to buy more and more insurance. Mr.!SECREST. When. I worked as an agent on life insurance we got 50 percent of the first premium. Have you upped that for the agents any in the last 39 years? Mr, DUNAWAY. I think that the classical commission schedule pro- vides for a 55-percent first year commission with 9 annual 5 percent renewal commissions. That is the classical pattern, although it varies. As'you say, the first-year commission could be 50 percent with maybe a slightly greater percentage of annual renewal commissions than, the 5 percent that I mentioned. By and large, the commission arrapgement of which ?rou speak is pretty much the same one that is in existence today. Cf course, there are some companies that pay more than that. They are companies, by and large, that don't do business under tho veer stringent strictures of the New York insurance laws. But, generally speaking, there has not been too much of a change in commission schedules over the years. Mr. EVERETT. Mr. Brown? Mr. BROWN. No questions. Mr. EVERETT. I might add that I certainly want to congratulate your association. I think that life insurance salesmen are better equipped and better qualified today to do a job in selling insurance than they were several years ago. They have seminars for there and they are better educated. Let me say we are certainly happy to have you. We certainly will be calling on you as we progress in deciding what will be the best for the servicemen is this Nation today. Mr. Corcoran. STATEMENT OF THOMAS CORCORAN ON BEHALF OF MARSH & McLENNAN Mr. CORCORAN. My name is Thomas Corcoran. I am it lawyer in Washington, D.C., at 1511 K Street NW. I represent Marsh & 'McLennan who are probably one of the most knowledgeable brokers in the insurance business. Mr. Chairman, I will get you out of here long before Halloween. Mr. EvEUPTT. Thank you, sir. If you will the your statement. Mr. CORco AP:. I am not even going to file a statement, After the testimony o' Mr. Rood, we really don't need to speak at all because Mr. Rood has spoken very eloquently for the possibility of a group insur tnce plan, H.R. 10873, which we only wanted to say to you out of eur long experience, we think is completely feasible just as it was in the FEGLI situation. We do urge on the committee that no matter what is said, the rates will be s. much cheaper and the coverage will be so much simpler in a gaup situation that we really think the armed services Approved For Release 200~IA~QP3Ct1R~~~~4rR580~Ea 2845 should be given a chance to work out their insurance on a group basis as the civil servant was given a chance to work it out in the FEGLI bill. We think the group plan can be worked out. We very much commend the testimony of Mr. Rood whom we think has spoken for us most eloquently. Mr. EvEnETT. Thank you, sir. Mr. Secrest? Mr. SECnES'r. I want to say in 1933, 1934. 1935, 1936, 1937, along through there, I voted for some legislation that allegedly you had a hand in drawing. Mr. COnconAN. No, sir; I was just a miserable little consultant. Mr. SncRFST. I was going to say it must have been pretty good legislation because I am still here. The Supreme Court knocked two or three out in a hurry. Mr. CORCORAN. No none of those I helped out on. They knocked out some of the others. But the ones you voted for and I helped on were never knocked out. The group insurance business has so many possibilities today of cutting rates almost in half that we really think the majority of the committee should take that group possibility into consideration as Mr. Rood said. A group plan can be worked out, sir. Out of our long experience, Marsh McClennan knows it can. And may you got out before Halloween.. Mr. EVERETT. Mr. Patterson, are there any other witnesses? COUNSEL. The VA, Department of Defense and veterans organiza- tions tomorrow, Mr. Chairman. Mr. EVERETT. Thank you for being so nice to in. We will see you tomorrow morning at 10 o'clock. The meeting is adjourned. (Whereupon, at 10:50 a.m. the subcommittee recessed, to reconvene at 10 a.m., Thursday, September 9, 1965.) PROVISION OF INDEMNITY OR INSURANCE FOR INDI- VIDUALS SERVING IN THE ARMED FORCES THURSDAY, SEPTEMBER 9, 1965 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE OF THE COMMITTEE ON VETERANS' AFFAIRS. Washington, D.C. The subcommittee met at 10 a.m., vursuant to recess, in room 356, Cannon Building, Iron. Robert A. Everett (chairman of the sub- committee) presiding. Mr. EvERETT. The committee will come to order. We are meeting this morning to continue, and I hope conclude, hearings on H.R. 10873 on the subject of insurance and other measures related thereto. Our first witness this morning is our colleague, the Honorable Sidney R. Yates, of Illinois. Mr. Yates, we are certainly happy to have you before the com- mittee, and you may proceed in your own way. STATEMENT OF HON. SIDNEY It. YATES, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS Mr. YATES. Mr. Chairman, I thank the committee for this oppor- tunity to present briefly my views in support of special indemnity insurance for members of the Armed Forces serving in combat zones. I have introduced a bill to provide for such insurance in the amount of $10.000. My bill, II.R. 10301, is similar to the bill passed by the Senate. I am inclined to favor the amendment agreed to in the Senate which defines an equitable formula for distribution of payments to survivors. The semantics of conflict in these difficult times should not detract from our consideration of this bill. The United States is not involved in a declared war, yet we are at war, and the protection for our service- men that we now consider should be no less than the protection we have tendered to the men who have in the past been summoned to risk their lives on the far frontiers of freedom. The fortunes of war preclude any security of life and limb for those in combat areas. But, we can offer these follow citizens the security afforded by an insurance policy which assures them that in the event of their death their loved ones whl have a measure of protection. This assurance to servicemen that their parents, wives, and children will be looked after is the least a grateful nation can offer. I do not consider the cost of this program excessive in view of the total expenditures of the war effort and especially in view of the total Approved For Release 0031 felt(04ItGt~A~F02b6f~i11 spend 2847 Approved For,Release /1Tf @41/ ftbFW1& 618$0 32 (%-6oxCt:s $10 billion or more a year on the war in Vietnam. Our defense budget approaches $50 billion per year. To date, more than 600 Americans have (lied in Vietnam. The Administrator of Veterans' Affairs has assumed a mortality rate of 1,200 deaths per year in Vietnam. At this rate, the total incurred yearly cost of the proposed indemnity program would be $13,377,600, including the interest factor. If we are to look for savings of $13 million, I believe there are many other areas of the budget in which we could look rather than in the area of compensating tie survivors of those who have given their lives in fighting this war. At the present time, the benefits that accrue to survivors of the more than 600 Americans who have died in Vietnam are no greater than the benefits that accrue to survivors of other military personnel who die while on active duty from any cause. The protection offered personnel in combat zones is madequate to the dangers to which they are exposed. The Department of Defense recognizes this hazard of combat in pay increments but not in death benefits. The fact that the proposed indemnity program is terminal in no way detracts from its value. The bill does not jeopardize the benefit structure now in effect. The present compensation program for service-connected disabilities would remain in effect, and dependency and indemnity compensation funds would still be payable to qualified survivors of men now serving in Vietnam, where death results from it service-connected disease or injury. The new indemnity program supplements these worthy programs. I assume that the committee will give some attention to the possible role of private ins trance companies in underwriting combat personnel. I cannot imagine too many 18-year-olds with sufficient resources to pay premiums for private policies, assuming these policies were available. I was interested to note that the Senate Committee on Finance had. difficulty in finding even a handful of private carriers willing to insure personnel en route to or already on the scene in Vietnam. The Administrator of Veterans' Affairs found only three insurance companies willing to insure such personnel Clearly, if it is not economically feasible for private firms to pursue this work, it is the province of Congress to extend this protection, since there is no one else to do it. I would hope that the need for this legislation would diminish. I hope, and I believe all Americans hope, that the American involvement in Vietnam will not be prolonged. But whether it is Vietnam, or Santo Domingo, ;.t is clear that American forces will be called upon to serve in places of danger and some of our men will die on distant shores. We cannot place too high a premium on the lives of the individuals who are called to this service. By offering them this protection, we are able to share their burden if only in a small way, and to lot them know that we recognize and are grateful for the service they render for us. Mr. EVERETT. Thank you, Mr. Yates. Are there any questions? If not, thank von again, Mr. Yates. Mr. YATES. 'thank you, Mr. Chairman. Mr. EVERETT. The subcommittee will now hear from Congressman Matsunaga of Hawaii. Go right ahead, Mr. Matsunaga. Approved For Release( 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2849 STATEMENT OF SPARK M. MATSUNAGA, MEMBER OF CONGRESS FROM HAWAII Mr. MATSUNAGA. Mr. Chairman and members of the subcommit- tee, I thank you for this opportunity of appeasing before you and. expressing my views with respect to R.R. 9748, a bill to amend title 38, United States Code, to provide warbime rates of disability cornpensa- tion for veterans disabled from injury or disease incurred or aggravated by overseas service and free insurance protection for members of the Armed Forces serving overseas, which, along with other identical or similar bills, is now under consideration by this subcommittee. Even before our present deep involvement in Vietnam, there appears to have been a widespread recognition on the part of Members of Congress and others of the need to provide our men in the military service, especially those who serve overseas, with free insurance pro- tection. Such recognition of this need., as this subcommittee is fully aware, has been evidenced by the large number of bills on the subject which were introduced in the 88th Congress, and by the multitude of bills which are now the subject of these hearings. The need for at least minimal insurance protection for each of our servicemen who face increased risk of death, injury, or disease while serving this Nation's interests abroad has become acute in recent months. With the commitment of more and more U.S. forces in Vietnam, our life insurance companies are looking with less and less favor upon servicemen as policyholders. Just how far the sorvicenian has fallen in favor as a prospective policyholder of lire insurance companies was the subject of a recent survey conducted by one of the leading newspapers in Hawaii. Major company representatives of some of the leading insurance compameo of America were contacted. The question asked was whether com- mercial life insurance was available to servicemen who m,ay be sent to Vietnam and whether there had been a recent change in company policy in insuring military personnel. Typical of the responses received were the following: We will not sell to a moan going to Vietnam. We just got the word of a change in policy. Should we know that a man is going to Vietnam, we won't sell to him. We have a war clause in our contracts and have had (one) for some time. We had the same (clause) during World War It and the Korean war. Mr. Chairman, it is my understanding that if a man is killed today in combat, his survivors will receive a lump-sum social security pay- ment of $255, and dependency and indemnity compensation will be paid to the widow and/or parents, if dependents, of $120. To this amount the Veterans' Administration adds 12 percent of the basic pay of the deceased serviceman.. So this is a sliding scale payment based on rank. Unless there is life insurance which is payable, there- fore, the sums received are wholly inadequate to provide for the needs of the family of the deceased serviceman. My bill, H.R. 9748, is identical to the Daniels bill U.R. 6161, and provides automatic insurance to each member of the tkrmed Forces while he is on active duty outside the United States. The insurance is in the amount of $10,000, and would be provided by the United States without cost to the member. The $10,000, however, would be reduced by the amount of U.S. Government life insurance or Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2850 INDEMNIFY OR INSURANCE FOR THE ARMED FORCE national service life insurance held by the insured and in force at the time of his death. In addition, E.R. 9748 would amend section 336 of title 38, United States Code, to provide wartime rates of disability compensation for veterans disabled from injury or disease incurred or aggravated by overseas service. Mr. Chairman and members of the subcommittee, for the men of our Armed Forces who serve our Nation's interests overseas, for their parents, their wives, and children, I strongly urge that II.R. 9748 or a bill with substantially the same provisions, be reported favorably by this subcommittee. Thank you s cry much. Mr. EVEIRETT. We are pleased to have as our next vvit~ness this morning our distinguished Administrator of Veterans' Affairs, the Honorable William J. Driver. Mr. Driver, we are certainly happy to have you, and you may proceed. STATEMENT OF HON. WILLIAM J. DRIVER, ADMINISTRATOR OF VETERANS AFFAIRS; ACCOMPANIED BY ROBERT C. FABLE, JR., GENERAL COUNSEL; D. C. KNAPP, ASSISTANT GENERAL COUNSEL; AND A. W. STRATTON, CHIEF BENEFITS DIRECTOR Mr. DRIVER. Thank you very much., Mr. Chairman. I have sov,aral VA people here. Mr. FVERErr. Will you introduce them, please, for the committee and for the benefit of those in the audience? Mr. D,uIv7-It. 13ere at the table with me are the General Counsel, Mr, Fable; and his assistant, Mn Knapp; and the Chief Benefits Director, M:-. Stratton. Mr. F v ia.ETT. We are certainly happy to have all of you. And since your statement is a short one, I think it would be better to read it because 0is goes to the meat of the coconut here, f think, exactly your position on this bill. Mn Dan En. Thank you, Mr, Chairman. I am pleased to present the views of the Veterans' Administration on S. 2127, S9th Congress, a bill to establish a program of free "special indemnity insurance" for members of the Armed Forces serving in a combat zone, and on TT.R. 10873, a bill to establish a program of group life insurance to be provided by private insurance companies for members of the uniformed services who are on active duty. S. 2127 proposes to provide a maximum amount of $10,000 auto- matic free "special indemnity insurance" (reduced by the amount of national service life or U.S. Government life insurance in force at the time of death) for death while on active duty with the Armed Forces in a combat zone (as that term is defined in the bill) on and after January 1, 1962, or as a direct result of an injury or disease incurred in a combat zone not more than 2 years prior to death. The iniaued would have the right to designate the beneficiaries of the special indemnity insurance, but only within the classes named: spouse, children, parents, brothers, or sisters of the insured. The benefit would be payable to the surviving beneficiaries over a 10-year period. The bill provides for apportionment of the benefits payable with respect to certain beneficiaries under prescribed criteria. Approved For Re~ease 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR TUUE ARMED FORCES 2851 Mr. EvERErr. Mr. Driver, why do you limit that to just spouse, children, parents, brothers, and sisters? Mr. DRrvmt. This is described in. the Senate bill, Mr. Chairman. Mr. EVERETT. I see. Mr. DRrvER. I am merely referring to what this bill would provide for, Mr. EVERETT. You are talking about the Senate bill? Mr. DRIVER. Yes, sir. We are in no way adding to the proviyious of the bill in this description. Mr. EV LETT. Good. Go right ahead. Mr. DRIVER. The bill would also authorize for persons insured under U.S. Government Life or national service life insurance, a waiver of all premiums on term insurance and that portion of the premium representing the pure insuranco charges oil ponnanent plan insurance during the period they were covered by the special indemnity insurance. Such insureds would have to continue their insnrauca in force by payment of premiums and a tply fora refund after teururiaLion of their combat zone duty. Finally, the bill would authorize the issuance of postservice insurance to persons entitled to indemnity protection, tinder certain conditions. 'S'he general purpose of II.R. 10873 is to authorize the Administrator of Vegeraus' Affairs to purchase, from one or more, cotvrnorcial life insurance companies a group life iusurturco policy or policies which world automatically insure each member of the uniforrtted services on active duty in the amount of $10,000 unless such member declined to be so insured or to be insured in an amount lee's than $10,000. A premium--which would be uniform for all servicemen--would be deducted from his pay. The Government would con tribute an amount to cover the excess mortality cost of such insurance traceable to the extra hazard of service. The group life insurance granted under the bill would cease 120 days after separation from active ditty. While the group insurance was in force the insured could-upon application, payment or the required p,ronuturts, and without inedical examination--convert to a permanent plan of insurance then written by one of the participating commercial companies selected by the insured. The group insurance would be payable to the designated beneficiary or beneficiaries selected by the insured. In the absence of a desig- nated beneficiary, the insurance would be payable to the surviving spouse; children; parents; duly appointed executor or administrator of the Insured's estate; or to other next of kilt under the laws of the domicile of the insured at the time of his death. The bill specifies certain criteria governing the selection, by the Administrator, of the primary commercial insurer and would require that company to reinsure portions of the total amount of insurance with such other life insurance companies as may elect to participate in the program. Recently in the course of our consideration of the general field of veterans benefits and particularly the aspects with which S. 2127 and II.R. 1O873 are concerned-certain factors have become in- ereasingly apparent. First, although it is true that commercial insurance is available without restriction to servicemen who are performing essentially peacetime ditties, it is argued that those upon who have, been altered for, or who are serving in, a combat, zone are 5a-112- a?--7 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 not readily able to obtain-at standard rates and without war exch. sion clauses--commercial insurance coverage. Second, many of our young servicemen do not have it wife or chil- dren. In the event of their death, the program of dependency and indemnity cnnpensation established by the Survivor Benefits Act authorizes benefits for their parents only if they meet a spe rafted "needs" test and for two parents living together no dependency or indemnity cunpensation benefits are payable if their annual income exceeds $2,4)0. It is extremely difficult to devise a change within the framework of the existing program which would provide benefits for nondependent parents within the basic needs concept that has been incorporatec in it. Third, there are servicemen who are survived by individuals such as brothers or sisters who are not afforded any benefits under the dependency and indemnity compensation program, but to when the serviceman may well foot lie owes some survivorship protection. The groin life insurance proposal, II.lt. 10873, provides a feasible solution to these prob.lemns. It would authorize $10,000 insurance coverage for all men in service; it would make benefits available in those cases where only nondependent parents survive it man killed in service; and it would permit servicemen to designate oth.er beneficiaries now ineligible under the survivor benefits law. Under S. 212'7, the indeurluity nIl; t}te entire cost would be borne by the Government. Thus, a firther gratuity would be superimposed on the existing gratuitous survivor benefits program which, including full social security co'rorage, was carefully evolved by the House of Representa- tives select committee about 1.0 years ago. On the other hand, II.IL. 10873, by requiring premium payments which, in the absence of it very extensive escalation of the military situation, will make the program close to self-supporting. Accordingly this approach will make available in every case a reasonable amount of insurance )rotection, the unavailability of which the sponsors of S. 2127 assert is the basic justification for the indeminity approach. In the light of the foregoing consideration, I am unable to recom- mend favorable action on S. 2127, but sin pleased to inform the com- mittee the,t the Veterans' Administration supports the principle of group life insurance as proposed inH.R. 10873. Iunderstand that certain technical and other perfecting amendments to the bill are indicated. In this connection, my staff will be available to the com- mittoe at any time to assist in working out such amendments, Mr. EvauErT. We certainly thank you, Mr. Driver, and I certainly appreciate the fact that you as Administrator of the Veterans' Ad- ministratim have endorsed this principle in this committee bill that we have fitroduced. Any questions, Mr. Secrost? Mr.SEJaEST. I appreciate, also, your comment with respect to that bill and I want, also, to commend you in the. highest terms of which I am capable for your administrative action in restoring the size of th3 burial flag for deceased veterans. Mr. D,uvEu. Thank you, Mr. Secrost. Mr. EVEREnT. Mr. Brown? Mr. Teague? Nix. TEAGUE of California. No questions Mr. Chairman. Mr. EvihETT. Mr. Meadows. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Relea a t11104 INCIA RDP67B00446R000500210005 9853 STAFF DIRECTOR, Mr. Driver, in the administration of this pro- grain, do you visualize undue problems or undue difficulty in setting up an organization to develop an administrative program such as this group program? Mr. DRIVER. Within the VA? STAFF DIRECTOR. Yes. Mr. DRIVER. No; we don't anticipate any difficulty. STAFF DIRECTOR. Than]( you. Mr. EVERETT. Mr. Driver, don't., you think a better approach is to let private enterprise participate in this rather than to get into all of the ramifications of the old national service life insurance? Mr. DRIVER. We do, Mi. Chairman. I think this is a very imaginative and worthwhile approach to this problem. Mr. EVERETT. Thank you, sir. Mr. Patterson, do you have any questions? COUNSEL. No, Mr. Chairman; I do not. Mr. EVERETT. We certainly thank you and thank your staff for the work you have already done on this bill, and we will certainly be calling on you as we got to perfecting amendments before the subcommittee meets in executive session. Mr. DRIVER, Thank you, sir, Mr. EVERETT. General Berg. General, we are certainly happy to have you this morning, and the Colonel. STATEMENT OF BRIG. GEN. WILLIAM W. BERG, DEPARTMENT OF DEFENSE, ACCOMPANIED BY COL, HERBERT B. ALLEN, U.S. ARMY General BERG. Colonel Allen, sir. Mr. EvERETT. Thank you, sir. General, you may proceed. General BERG. Mr. Chairman and members of this coinmittop, f am William W. Berg, brigadier general, U.S. Air Force, Deputy Assistant Secretary of Defense for Manpower (Military Personnel Policy). I appreciate the opportunity to express the views of the Department of Defense on S. 2127 and 11.11. 10873. Since these bills affect laws administered solely by the Veterans' Administration, the Department of Defense defers to the views of that agency as to the technical merits of these bills. Because, however, these bills affect benefits for our military members and their depend- ents, I believe it is necessary to comment on the Senate bill and certain features of H.R. 10873. We are gratified at the concern of the Congress for the wives, children, parents, and other dependents of servicemen who die in the service of their country. We have carefully reviewed S. 2127 as passed by the Senate and believe that the concept of the gratuitous indemnification as contained in the bill does not, in our opinion, meet current insurance needs of the members of the uniformed services. On the other hand, the Dopartmo?t of Defense strongly supports the principles contained in II.R. 10873 because, with some minor revisions, it contributes to the accomplishments of several objectives favored by the Department. First, the bill provides an irrrm.ediate, low-cost, group insurance Approved Forl1kW&aLLYSlil6'4alldfK-Nb Y 964 a 00b%bra216bOs5 9 ru- r Approved For Release 2003/ B* : G~1 7~$Ot 4~~1~ 5d 1 a 5 ~tMr v FORCES ing to the Federal Government. In so doing, it moots a basic re- quirement to cover those young members whose nondependent sur- vivors would not qualify for payments under dependency and indemnity ;awe. Second, the bill effects an added inducement to a service career. Third, the bill provides yet another element of it sound financial plan for members and their survivors in event of their death. The program that would be established by this bill would be administered by the Veterans' Administration and has been corn- mented on by that agency. The Department of Defense strongly supports th~3 concept of group life insurance for servicemen which is embodied in II.R. 1.0873. The Department considers that the bill would contr.bute importantly to the morale of members of the Armed Forces by runedying certain limit gaps in the covert~ge of the Veteran Survivoralup Act and would also be extremely helpful in connection with the recant difficulty that members of the Armed Forces assigned to Vietnam would enccunter in obtaining private insurance. As I stated, 11.11. 10873 contains a number of technical provisions which will be of primary concern to the Veterans' Administration but some of which are of interest to this Department. However, there has not been sufficient time for its to make a detailed study of all these provisions. We would therefore propose to defer coin meriting on :hem and plan to work with members of the committee staff in the next few days concerning suggestions which we believe would irnprcve the bill. I would lice to repeat again: the Department of Defense strongly supports the group life insurance concept embodied in II.B. 10873 and urges early enactment of legislation embodying such a concept. I appreciate this opportunity to appear before thelconrmittee to express the views of the Department of Defense. I will be pleased to attempt to answer questions on this subject. Mr. EvEnnpT. Thank you, General. That is certainly a fine state- ment. How long will it take your group and your staff to got together to study the perfecting amendments we ought to have for this bill? General BERG. We are ready now, sir. Mr. EvERETT. You are? General BERG. Yes, sir. Mr. EvEUUTr. General, do you anticipate much cost to the Depart- ment of Defense in administering the withholding on this? General BERG. No, sir; we do not. Mr. EVERETT. We certainly thank you for your statement. Mr. Secrest? Mr. SECREBT. Would you object if this were compulsory for all members of the awned services? General BERG. Compulsory? Mr. SECREST. Compulsory rather than to have somebody go in today and ou; tomorrow, and in for part of it, and up and down the scale as was lone, certainly, under U.S. Government life insurance and NSLI. General BEaG. I think ,you would run into some problems in that, Mr. Secrest, in making it compulsory for people, particularly when they had to p iy for it themselves. We had this problem, you know, with insurance dining World War 11. Even then a man could not be Approved For Release 20oy[4`j%g t~lti~'* i a,,d bd&~Mttyo l66b6"-g correctly, I think Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY 011 INSURANCE FOR T11E ARMED FORCES 2855 under the group life insurance that the Federal Civil Service has today you do not have to be a part of it, but you do have to indicate that it has been made available to you and you do not wish it. Mr. EvERETT. In writing, as I understand. it. General BERG. That is correct. Mr. 'L'EAGUE of California. Would the gentleman yield? Mr. SECREST. Yes. Mr. TEAGUE of California. What would you think of some sort of compromise on this principle? For instance, having it initially com- pulsory, say for 90 days, so that all servicemen would be covered, and then a requirement that they rile some sort of a form indicating they don't want it, if they want out after 90 days? General BERG. As I understand it, sir, that is just another form of the provision as it is now written certifying that you don't want it. You would merely cover them for the first 90 days under that. Mr. EvERETT. Go right ahead, Mr. Secrest. Mr. SECREST. I was thinking personally of many hardship cases where it veteran did not 'take insurance or took only a small amount, and then after he died the family Caine in, wanted insu.rauce and couldn't get it because he hadn't signed up for it. I was just wonder- ing about thedesirability of, as cheap as it is, everyone taking it. Then, no matter where you go in the world, you are insured. Mr. EvjR.ETT. Mr. Brown? Mr. BROwN. No questions, Mr. Chapman. Mr. EVERETT. Mr. Meadows? STAFF DIRECTOR. General, the bill colder consideration., of course, has a $10,000 maximum figure. Does the Department of Defense have any views on both the question of whether it should be $10,000 or more, and also whether we should retain this provision in. the bill that permits increments of $500 and up? Do you have views on both those questions? General BERG. The only comment I could make on that, Mr. Meadows, is I have been working on the so-called. Federal Staff Retirement Committee that the President established last February to review the survivor annuity programs of all Federal employees, and we have discussed a proposal before that committee to essen- tially adopt a progiam of group life insurance for military people which is patterned after the current civil service program. And under that program, the amount of insurance that you are limited to. is equal in thousand dollar increptonts to the salary that you draw. And under that concept, our people could go as higli as $20,000. The relative pros and cons, whether it should be $10,000, or whether it should be higher, we don't have an official position on. STAFF DIRECTOR. That is all. Mr. EVERETT. Mr. Patterson? COUNSEL.:i have no questions, Mr. Chairman. Mr. SECREST. I would like to ask just one more question. Mr. EvERETT. Yes, sir. Mr. SECREST. As I recall, years ago certainly, compulsory con- tributions were required from members of the Armed Forces to maintain the Soldiers home. Has that been discarded, or do you still have that? General BERG. It is still in effect today. Mr. SECREST. That is compulsory. You have no election there. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2856 INDEMNITY OIL INSURANCE FOR THE ARMED FORCES General BERG. That is correct, Mr. SECREST. Very few out of all the millions that serve ever go to the Soldiers' home. General BERG That is correct. You. are absolutely right. That contribution is 1) cents a month. Mr. SECnEST. For those that go, it is a very substantial and wonder- ful place out there. General Bmw. That's right. Mr. SECIiEST. That is all. Mr. EVERETT. Thank you, General. We certainly appreciate your contribution, COUNSEL. Mr. Chairman, we have a further statement from Mr. Dunaway of th j National Association of Life Underwriters that he would like to have included in the record with some additional infor- mation. Mr. EVERETT. Without objection, it will be entered at this point in the record. (The statement referred to follows:) rule NATIONAL AssocIATION or LIFE UNDERWRITERS, Washington, D.C., September 8, 1965. Re servicemen's indemnity bill, S, 2127, and servicemen's group life insurance bill, H. R. 10873. 1-Ion. Ronunr A. EvnRETT, Chairman, House'7eterans' Affairs Subcommittee on Insurance, Cannon House Of)-.ce Building, Washington, D.C. DEAR MR. Eva alit: For such assistance as it may be to your Subc om.mittee on Insurance in its consideration of the above-captioned bills, I are enclosing here- with my letter of August 27, 1965, to Senator Harry F. Byrd, chairman of the Senate Finance Committee, in which I listed certain life insurance companies that were then (end presumably still are) issuing policies without, war exclusion to servicemen either in or alerted to we to a combat zone. Since my original letter to Senator Byrd, we have been advised by the American Life Convention t.nd the Life Insurance Association of America that the following three additional companies are also issuing policies without war exclusion clauses to the types of servicemen referred to above: 1. The Equitable Life Assurance Society of the United States, 1285 Avenue of the Americas, New York, N.Y. 2. Girard Life Insurance Co. of America, Post Office Box 5297, Dallas, Tax. 3. Reliance Str.ndard Life Insurance Co., Four Penn Center Plaza, Philadelphia, Pa. We would also like to take this opportunity to make one additional comment regarding S. 212that concerns the scope of the indemnity coverage that would be provided ther under. At the September 8 hearing held by your subcommittee, there seemed to be a certain amount of criticism directed at S. 2127 because of the fact that it would provide for the payment of the indemnity benefit only to the beneficiaries of servicemen who died on active duty while in a combat zone or as a direct result of an injury or c. disease incurred while serving in such a zone, and that the bill would do nothing for the survivors of servicemen who, for example, died while on route to or from such a zone. It seems to us that this criticism, if considered important, couid easily be taken care of by a simple amendment to S. 2127 that would extend the indemnity pro- tection to servicemen while en route to or from a combat one, and perhaps also to those who have been ordered or alerted to go to such a zone. With such a broadening amendment, S. 2127 would, in our opinion, adequately provide for all servicemen who, solely because of their particular status, are, finding it difficult. to buy private life insurance without war exclusion clauses. And as I tried. to point out at your September 8 hearing, it is principally the plight of the servicemen in this relative][} limited category that apparently has generated the problem that Congress Is now being importuned to solve. INDEMNITY OR INSURANCE FOR THE ARMED FORCES 28557 If you are agreeable, we would very much appreciate having this letter and the enclosure included in the record of the hearings held by your subcommittee on the bills referred to above. Sincerely years, CARLYLE M. DUNAWAY, General Counsel. Re servicemen's indemnity bill S. 2127, Ron. HARRY F. BYRD, Chairman, Senate Finance Committee, New Senate Office Building, Washington, D.C. DEAR SENATOR BYRn: During the course of the August I I hearing held by the Senate Finance Committee on the above-captioned bill, Senator Norman E. Talmadge asked our association to provide a list of the life insurance companies that will issue policies without war exclusion clauses to servicemen already in a combat zone or alerted to move to such a zone. After the hearing, we found that, unfortunately, it would not be possible to coo ile the requested information in time for inclusion in the record of the hearing on S. 2127, which was closed on August 1G, We advised the Senate Finance Committee office of this fact and were then asked to furnish the information as soon as possible. We also determined that it would not be possible-certainly not within it reason- ably short time span-to canvass all of the 1,500-plus legal reserve life insurance companies doing business in the United States for the desired information. Ifow- ever; we concluded that a highly meaningful amount of the information could be gathered by canvassing the member companies of the American Life Convention and the Life Insurance Association of America, which are the two major life insurance company trade associations in this country. In this connection, we wish to point out that the 330 ALC-LIAA member companies have in force over 93 ppercent of the legal reserve life insurance written in the United States. The ALC and the I IAA very kindly cooperated with us on this project by Bond- ing an appropriate questionnaire to their member companies on August 16. As of today, approximately two-thirds of these companies have replied to the ques- tionnaire, indicating their present practices regarding the use of war exclusion clauses. According to their replies, 23 of the companies will issue life insurance policies without either a war exclusion clause or an extra premium for war hazard to servicemen who are in a combat zone or who have been alerted to move to one. The names and addresses of these companies are as follows: 1. American National Insurance Co., Moody Avenue at Market Street, Galves- ton, Tex. 2. Bankers Mutual Life Insurance Co., 500 West South Street, Freeport, Ill. 3. Boston Mutual Life Insurance Co., 156 Stuart Street, Boston, Mass. 4. The College Life Insurance Co. of America, College Square at Central Court South, Post Office Box 72, Indianapolis Ind 5. Country Life Insurance Co., Post office 1'3ox 575, Bloomington, Ill, 6. Farm bureau Life Insurance Co. of Michigan, 4000 North Grand River Avenue, Lansing, Mich. 7. Federal Life Insurance Co. (Mutual), 6100 North Cicero Avenue, Chicago, Ill. 8. Grange Mutual Life Co., Post Office Box 48, Nampa, Idaho. 9. The 11BA Life Insurance Co., First Street at Willetta, Post Office Box 1272, Phoenix, Ariz. 10. Life Insurance Co. of Georgia, 573 West Peachtree Street NE., Post Office Box 6207, Atlanta, Ga. 11. Metropolitan Life Insurance Co., I Madison Avenue, New York, N.Y. 12, The Mutual Life Insurance Co., of New York, 1740 Broadway, New York, N, Y. 13. National Guardian Life Insurance Co., Post OfficeBox 1t91, Madison, Wis. 14. North Central Life Insurance Co., North Central Lifo Building, Minnesota and Fourth Streets, St. Paul, Minn. 15. Northern National Life Insurance Co., 219 North Seventh Street, Bismarck, N. Dak. I I Approved For Release 2003111/04: CIA-RDP67B00446R000500210005-9 2858 INDEMNITY OR INSIIRANCP, FOIL THE ARMED FORCES 16, The Old Line Life Insurance Co. of America, 707 North I IthStreet, Mil- waukee, Wis. 17. Pacific Fidelity Life Insurance Co., 1.150 South Olive Street; Los Angeles, Calif. i' 18. Pacific Nationti Life Assurance Co., 215 Market Street, San Francisco, Calif. 19. Pioneer American Insurance Co., 6401 Camp Bowie Boulevard, Fort Worth, Tex. 20. Rio Grande NEtional Life Insurance Co., 251 . North Field Street, Dallas, Tor.. 21. United dervie,g Life Insurance Co., 1701 Pennsylvania Avenue NW., Washington, D.C. (officers only). 22. Universal Life & Accident Insurance Co., Post Office Box 779, Dallas, 'fox. 23. The Wisconsir- Life. Insurance Co? Post Office Box 5099, Madison, Wis. Art additional five companies will issue such policies to servicemen who have been alerted to gc to a combat zone but not to those already in such a zone. The names and addresses of those companies are as follows: 1. American N:utual Life Insurance Co., Liberty Building, Sixth and Grand Avenues, Des Moines, Iowa. 2. The First Pyramid Life Insurance Co. of America, Pyramid Life Building, Little Rock, Ark. (officers only). 3. Gibraltar life Insurance Co. of America, Post Office Box 599, Dallas, Tex. 4. New York Life Insurance Co., 51 Madison Avenue, Now York, N.Y. 5. The Traveers Insurance Co., One Tower Square, Ifartford, Conn. Most of these 28 companies impose, maximum limits on the amount of coverage they will issue L) servicemen in the circumstances under discussion. These limits vary considerably from company to company, but in only thred companies are they as low AS 65,000. la all of the others, the limits are at least $10,000. We trust that this information satisfactorily complies with Senator Talmadge's re< uest. If anything further is needed, please do not hesitate ton contact us.. We are scatting copies of this letter to all members of the Senate Finance Committee. Sincerely yours, CAItLYLE, M. DUNAW&Y, General Counsel. Mr. EvEJuE'rT. Our next witness will be Mr. Corcoran of the American Legion. Go right ahead, Mr. Corcoran. STATEMEb;T OF JOHN J. CORCORAN, AMERICAN LEGION; ACCOM- PAN ED BY ROBERT F. MURPHY, ASSISTANT DIRECTOR, NA- TIONAL LEGISLATIVE COMMISSION; AND CHARLES E. MAT- TINGLY, CHIEF, INSURANCE ACTIVITIES Mr. MIIUrnv. Mr. Chairman, my name is Robert F. Murphy, the assistant 3irector of our National Legislative Commission. Mr. EvTRl:TT. Good. We are certainly happy to have you. Mr. Munrur. 'ITis morning we have with its our chief of our insurance activities, Mr. Charles Mattingly, and our principal wit- ness, Mr. John Corcoran, Director of the National Rehabilitation Comnusuion of the American Legion. Mr. Fv1.RETT. Thank You. We are certainly happy to have all three of you, and if you will file your statement for the record and hit the high points, we will certainly appreciate it. Mr. ColtcouAN. Mr. Chairman, if T read the statement, it will take about 12 to 14 minutes. Do you still prefer that T file it? Mr. Evrnrrr,r. Do you have it summarized there? Mr. CORCORAN. Yes. Mr. EVEUETT. I would just rather have the statement filed and let's just summarize the high points of it, if you don't mind. Mr. COUCORA.N. All right, sir. (M". Co rcorail's statement follows:) STATEMENT BY JOHN J. Concou.9N, DmLcIon, NATIONAL Rn,rABILITATION COMMISSION, TIIE AMiatICaw LeGION, SEPTEMBEn 9, 1965 Mr. Chairman and members of the subcommittee, the American Legion appre- ciates this opportunity to present its views on proposals now before this dis- tinguished subcommittee to restore insurability to certain members of our Armed Forces. On September 2, 1065, the 20th anniversary of the cessation of hostilities of World War II, I was privileged to appear before the full House Committee on Veterans' Affairs to present the views of the American Legion, as established. by our national convention held last month, on the so-called cold war GI bill. This experience was a special source of pride to me, as a representative of the American Legion, because the American Legion was the chief architect of the original Of bill of rights, a law singled out by so many of our Nation's leaders as the most constructive legislation ever enacted by the Congress for veterans. The American Legion believed in 1944, as now, that the sacrifices of our Armed Forces personnel, in defending the principles of freedom and democracy, entitle there to special consideration by a grateful. Nation. At the present time, Basin- bore of the Armed Forces are being subjected to special disciplines and depriva- tions. They have been assigned obligations and duties as hazardous as those experienced by servicemen of other wars. For this reason, the American Legion believes that the members of our Armed Forces are entitled to additional benefits comparable to those offered veterans and their dependents of other wars. The offering of insurance protection to restore lost insurability to these servicemen is a proper. consideration in any move to place benefits on a comparable basis. Our position in this matter is contained in resolution No. 125, approved August 26, 1965, by our national convention. With your permission, Mr. Chairman, I would like to submit a copy of resolution No. 125 for the record. As I mentioned to the full committee in my statement of September 2, 1065, Resolution No. 125 directs us to seek "comparable" benefits for all persons who Served after August 5, 1964. The word "comparable" was chosen deliberately because it was recognized that the possibility exists that we should not seek iden- tcal,benefits. Several proposals dealing with the question of offering insurance to servicemen are now under study by my staff for recommendation to our national executive committee, which meets October 6-7, 1965. Until our national execu- tive committee approves a specific instruction concerning the type of insurance. that we support, my remarks must necessarily remain general in nature. The opportunity for servicemen to obtain adequate insurance protection at reasonable cost from commercial sources, without restriction as to the hazards of war, is rapidly drying up. In, fact, many companies have already placed war restriction clauses in contracts offered to these men. We have learned that other companies will do this if applications in any volume are received from servicemen alerted for overseas duty. With the expansion of activities in Vietnam, and other areas, we assume that insurance protection from commercial sources will soon be unobtainable. Under these circumstances, Mr. Chairman, the American Legion believes that it is only simple justice for the Government to fill this void. With certain changes and modifications, we find much to recommend support of the proposals contained in S. 2127 and I1.1. 10873, and other bills, of similar nature introduced for this purpose. In addition to the free indemnity and group life insurance approaches, I also believe the offering of contractual insurance is worthy of study by this subcommittee.. Traditionally, the American Legion has favored contractual insurance is best. In addition to offering adequate insurance prote.etion on an optional basis, at reasonable cost to the serviceman, it fosters a sense of responsibility and thrift. It also offers greater flexibility in naming the beneficiaries, and determining the manner in which the proceeds will be, paid. We recognize, however, that con- tractual insurance for persons in the active service may. have some drawbacks. For example, in World War IT, for one reason or another, about 1 out of 10 persons who died was not insured. In addition, of those deaths covered by some insurance, only about 56 percent carried the maximum amount allowable. We believe that many of those younger servicemen, in the lower enlisted grades, simply failed to appreciate the value of insurance and, perhaps, were less able to authorize allotments from their meager service pay to cover the cost of p-omiums. The proposal to offer a free indemnity type of coverage against death for dependents of servicemen is also worthy of careful consideration. It would auto- matically provide maximum insurance protection for the families and dependents of all servicemen on an equal basis. Since all o'f.the proposals under considera- 58-412-65--8 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2860 INDEMNITY )R INSURANCE FOR THE ARMED FORCES tion would require the Government to pay the cost of liabilities attributable to the extra hazards of war, it is believed that the free indemnity approach would result in little addition'il cost to the Government, as compared to offering regular contractual or group He insurance. This was certainly the case in World War II, as about 80 percent of all inservice deaths were found to be attributable to the extra hazards of war, r The proposal to provide a group type of life insurance for members of the Armed Forces is new. As I understand it, participation in the program would be discretionary, as wnr1d the amount of insurance to be carried up to a maximum of $10,000. This ap-nroaeh could be the means of providing low cost protection for servicemen. IIo sever, it also presents some of the inadequacies of regular contractual insurance. I fear that many younger servicemen, in the lower pay grades, with the least means of adequately providing for their dependents in the event of death, would be the most prone not to participate, or carry the maximum amount allowable, I also note that, under this proposal, liabilities traceable to the extra hazards 6f war will be borne by the Government. Assuming that hostilities in Vietnam accelerate to any appreciable degree, the cost of this in- eurance to the Government would probably he about the same as the cost of free indemnity program. The American Legion is opposed to any proposal that would call for the in- surance offered to be underwritten by commercial sources, or in any way separated from the Veterans' Administration. Our established policy is contained in Resolution 28 of our May 1963 national executive committee meeting. That resolution expresses the conviction that an insurance program conducted by the Veterans' Admini titration is the most efficient and economical kind, and is the one that offers the gr;atest service to insureds. Beyond that, eve believe it is the basic, fundamental, and traditional responsi- bility of the Fedarai Government to provide an insurance program for the survi- vors of servieen.en dying under the circumstances existing in the world toda . In this connecti-m, I would like to invite your attention to the statement by Mr. Ralph R. Loupe bury, chairman of the Joint National Service Life Insurance Com- mittee of the American Life Convention of Chicago, and the:. Life Insurance Association of America of New York, Associations of Legal Reserve Life Insurance Companies, cortained in the transcript of hearings conducted January 25, 1951 on similar pro}osate to cover Korean conflict veterans. Mr. Lounsbury stateci in part follows: We wish tti make it abundantly clear that the life insurance companies fully recognize the need for a Government program which will provide a measure of pprotection to the dependents of servicemen while on active duty in the Armed Forces of our country in time of war, or who lose their normal insurability while in such servine. The life insurance companies commonly issue complete coverage on servieema:n during peacetime and even in wartime are in position to offer insurance on a part of the risk; that is, the normal hazards as distinguished from the abnormal hazards of service in time of war. When the prospects of abnormal hazards of w ar become too great, the private companies cannot issue new insurance to include these hazards without charging premium rates which are so high that few servicemen could afford to buy the protection. It is obvious that when the Government undertakes to insure these hazardous risks at rates based on normal hazards, the excess mortality cost is borne by the taxpayers, as we believe it should be, To th n extent that the Government insures the normal hazards, the Govern- ment furnishes coverage which is readily available from private insurers. We recognize, however, that during the period of active service while the Nation is at war or in a national emergency, it is not practical to limit the Government coverage to death resulting from only the abnormal hazards." The American Legion believes that our worldwide commitments have assumed the proportions of a national emergency and that our servicemen are being required to perform duties in extremely hazardous and warlike circumstances. We feel, therefore, that the Government should support, by congressional appropriations, any insr ranee program offered these servicemen. What part would the commercial life insurance companies play under the group proposal? They would establish an administrative office and underwite the risks. The service department would keep the records and deduct the premiums. The Veterans' Administration would administer the total program. The Federal Government would bear the cost of deaths due to the extra hazards of service. Nothing rmains, really, for the commercial companies to.'do except realize a profit from the premiums charged. We don't criticize the commercial insurance eom- paniee for seeking a profit; that's what they are in business for. We simply main- Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2861 twin that indemnifying the. lives of our servicemen and providing a degree of pro- tection to their parents, widows, and orphans is not a business transaction; it is the responsibility of the Government. Regardless of the approach this subcommittee chooses to recommend as the vehicle to provide some type of insurance protection for these servicemen, I believe certain general provisions should be included. To mention a few: 1. There should be no service area restriction as to the persons covered. Con- sistent with long-standing policy of the American Legion, we feel that, with respect to any insurance coverage made available by the Government, all persons who served after August 5, 1964, or the date selected by the Congress, should be treated equally, regardless of place of service. 2. Gratuitous insurance benefits should be paid, without a dependency test or restriction as to any other benefit, to widows, children, parent, or parents, in the order named, surviving servicemen who die while performing active duty between August 5, 1964, or the date selected by Congress, and the date insurance coverage under the now proposal becomes available. 3. Provisions should be made for waiver of that portion of any premium representing the cost of the pure risk on any contractual USGLI or NLSI carried by the serviceman on the basis of prior service, similar to the provision contained in section 622 of the Servicemen's Indemnity Act of 1951 (38 U.S.C. 724). 4. Some type of contractual insurance should be made available, without regard to condition of health, upon application made in writing to the Veterans' Administration within 120 days after separation from the active service. Mr. Chairman, the American Legion appreciates the opportunity to offer these suggestions, subject to the limitation of our national convention instruction concerning insurance coverage for insorvice personnel. After our national executive committee has had an opportunity to consider the proposals presently under study, we will be in a position to specifically inform the subcommittee of the official position of the American Legion in this regard. Thank you. FORTY-SEVENTH ANNUAL NATIONAL CONVENTION OF THE AMERICAN LEeroN, PORTLAND, OREO., AvousT 24-26, 1965 Resolution: No. 125 (California). Committee: Rehabilitation. Subject: Sponsor and support legislation to provide for cold war veterans a benefits program comparable to that available to other war veterans. Whereas, the United States is now and has been for some time engaged in actions in various areas of the world to keep peace and preserve the freedom of friendly nations against aggression; and Whereas American fighting men have been and are increasingly being subjected to wartime conditions, are suffering casualties and are dying in defense of freedom loving people everywhere; and Whereas the conditions to which our servicemen are being subjected are similar to those whieh existed when certain rights and benefits were granted to those who served in World War II and Korea; and Whereas the war veterans program is comprehensive, justified, and a proven program supported by the American Legion and the general public; and Whereas on August 5, 1964, in Tonkin Bay off the coast of Vietnam aggressive acts of war were taken against U.S. warships which retaliated and since that time our country has engaged in conflict with hostile forces both in Vietnam and elsewhere: Now therefore, be it Resolved, by the American Legion in national convention assembled in Portland, Oreg., August 24-26, 1965, That the American Legion recognizes the sacrifices of our Armed Forces personnel who are defending the principles of freedom and democracy and that it shall sponsor and support a benefits program comparable to that available to other war veterans for those veterans who have served since August 5, 1964, or such other date as may be selected by the national convention. Approved. Mr. CORtCORAN. First of all, we appreciate the opportunity to appear before the committee and to express the views of the American Legion on the proposals that are pending before you. We are not in a position at this time, regrotably, to specifically support or oppose any of the three different types of approaches suggested, or implied, or inherent in the bills before you. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 2862 INDEMNITY OR INSURANCE FOR THE ARMED FORCES This is so, because we appear before you between a national con- vention and a national executive committee meting, and the latter body has been given the responsibility by the former body to decide specifically what benefits )ught to be extended to the inservice personnel. Lot me tell you some the basic considerations that underlie our pposition. ; Let me begin by saying that our position is that while we do not oppose a group life insurance coverage plan.; we tend to favor an indemnity approach which would make at discharge some type of contractual insurance available. Let rne,give you about sic or seven points that, as I say, I think. form the foundation for the American Legion position. First of all, the Legion, after careful study, has concluded that the size, and the scope, and the nature of the military operations being engaged in by the United States in Vietnam and in other areas, and our military And other cormnitunents throughout the world, constitute an emergency situation and have the effect of creating a substantial number of "war" veterans. Secondly, we have con.cludcd that, therefore, additional war period benefits ought to be extendec to the persons who are serving in our Armed Forces now. Next--and this is as a .resuh of a long-established Legion position- we feel thafwhatovet benefits are extended ought to be extended to all people who serve, because every man in service goes where Uncle tells him. Be doesn't select his place of service. Mr. EVERETT. Under this b 11, lie would be included, wouldn't he? Mr. CORCORAN. There is nc objection on that point to your bill, or to the group life. Mr. EvE,RhTT. Yes, sir, Go right ahead. Mr. CORC?RAN. Next, we fe11 that one of the benefits that ought to be extended is an insurance-type benefit. We foal that in the light of the circumstances that I have described above-namely, the emergency situation, the military situation, the fact that we are creating war veterans-it is theresponsibility of the Federal Govern- ment to provide the insurance. . Mr. EvnRIlTT. In other wordu, you think the Federal Government ought to pay for it all out of tie Treasury, rather than to have the contributions; right? Mr. Co1tco tAN. The committee could decide, of course, to take the contractual type of insurane, in which case the insured would pay the premiums on the risks; that's true. So we take no specific position on that, although we fond toward the indemnity, in which case the Government. would pay all. But in World War II, Mr. Chairman, 89 percent of the prose jds paid were found to ho attributable to the extra hazards of military service. So we are not talking about a great deal, if the situation. is similar to World War II. We quote an insurance industry expert who says that once you find yourself in an,ennergency situation or a warlike situation, it. is not practicable to separate the risks that are due to extra hazards. He points out that really basically the risks duo not to extra hazards ought to be borne by the commercial companies; but he says once you find yourself,in a warlike situation, they just can't do it. So he said: We concede that it is all sight for the Federal Government to take over the whole obligation. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 4 INDEMNITY OR INSURANCE FOR THE ARMED C C 99,,8R63 Approved For Release 2003/11/04: CIA-RDP67B00446R00050Rb'Y1&05_; We feel that the Federal Government is in the best position to pro- vide the service and that insurance by the Federal Government would bomost beneficial to the insureds. And we think that they deserve the best. We see no reason to involve the commercial companies. Under the plan contained in. the bill you introduced, Mr. Everett, we see very little part that the commercial companies would play, as we understand the bill. The service department would keep the records. They would take the allotments. The Veterans' Admin- istration would administer the total program. Commercial com- panies would have an office, which might be a small one. It appears that the principal part that the commercial companies would play would be to realize a profit. We don't object to that. That is what the companies are in business for. But we maintain that indemnifying the lives of servicemen in service under the present conditions and providing some protection to their survivors is not a business world transaction. That concludes our testimony, Mr. Chairman. Mr. EVERETT. Thank you, sir. Mr. Secrest? Mr. SECREST. As I gather it, you are 100 percent for the Federal Government paying any soldier or any serviceman who may be killed in action or as a result of extrahazardous duty anyplace in the world. You are for that much definitely? Mr. CORCORAN. Yes, sir. Mr. SECREST. As to some serviceman who may be in the Pentagon for 2 years, who lives here in Washington, you object to his contribu- tion toward his own insurance? Mr. CORCORAN. Resolution 125 asks that all servicemen be covered. Mr. SECREST. Is that the part you haven't studied yet? Mr. CORCORAN. It isn't so much a question of not having studied it. I think the question you have really asked is: Corcoran, under these circumstances are you for contractual or for indemnity? And unfortunately the NEC, the first week of next month, is going to give me the answer and instruction on that. So I don't have an official position at this time. Mr. SECREST. I notice here that you say: I fear many younger servicemen in the lower paid grades would be most prone not to participate, so that would indicate that it should be compulsory if you are going to protect that group. Mr. CORCORAN. As we also point out that was the experience in World War II. One out of ton didn't have any insurance. Out of all the insurance paid, the average payment was between $8,000 and $9,000 rather than the $10,000. And if you install the group-type plan, this may be your experience again. And who will fail to take it out? The i'ellow who can least afford it and probably the man who has the greatest obligation to leave something to his survivors. Mr. SECREST. That would be true, if we went from $500 in incre- ments, but if we had, say, $5,000 compulsory for everyone and $5,000 more elective, or if we had the whole $10,000 compulsory, there would be no partial payments or cases where no payment is made, as occurred under the World War II program. Mr. CORCORAN. Agreed. Mr. EVERETT. Mr. Brown? Mr. BROWN. No questions. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 FOR THE ARMED FORCES Approved For Release; 2003/1 : 500210005-9 Mr. EVESETT. Mr. Teague? Mr. TEA13uE of California. No questions. Mr. EvE 3Err. Thank you. We are certainly happy to have you. Mr. Meadows, do you have any questions? STAFF DIRECTOR. Just one point, Mr. Chairman. Mr. Corcoran, you were quoting an insurance expert and you talked about the difficulty that he believed would be encountered in de- termining the scope of the extrahazardous. Mr. ConconAN. Yes, sir. STAFF D utECTOR. It is true that we got through World War II and the Korean conflict and were able to make that determination, is it not? Mr. ConcoRAN. Actually, Mr. Meadows, the point that I made was not the one you just described, and I didn't snake myself clear. What Mr. Lounsbury said was that there is no great difficulty in determining which deaths are due to extra hazards and which are not; however, when you are in a wartime situation, the most feasible way to progress, rather than going to the administrative problem of straightening them out, is to just let the Federal Government take over the whole obligation. STAFF 11 JEECTOR. You weren't making the point that we probably would got ;o a situation where we couldn't determine the extrahazard- ous versus the nonextrahazardous? Mr. ConcoRAN. No; I didn't make, that point. Mr. EvnmETT. Mr. Patterson, do you have anything? COUNSEL. No, sir. Mr. EviRETT. Thank you. We certainly appreciate all the con- tributions you and the members of your staff have made to our committee. Mr. Co reonAN. Thank you, sir. Mr. EV&RETT. Mr. Stover, Veterans of Foreign Wars. We are happy to have you. And, Mr. Jones, we are happy to have you also. If you will file your statement and just summarize it for us, we will cortanly appreciate it. STATEMENT OF FRANCIS W. STOVER, VETERANS OF FOREIGN WARS, ACCOMPANIED BY NORMAN D. JONES, NATIONAL REHABILITATION DIRECTOR Mr. Sr )V ER, Mr. Chairman, members of the subcommittee, the Veterans of Foreign Wars has long held- that campaign and expedi- tionary service for which campaign medals are authorized should be elevated to wartime status for the purpose of veterans' benefits. And in line with this position, Ave strongly supported S. 2127 when it was considered at a hearing before the Senate Finance realized rt that time that this bill didn't cover all possible cases and maybe wis not the full solution to this matter. Subsequent to that hearing, our organization mot in Chicago, Ill., at convention, and our position has been broad- ened flnational wartime to include wartirno benefits for all who are serving in the Armed Forces. And in considering the legislation under consideration here today, our organization reached the conclusion that if it was at all h la be made retroactive to cover Approved For Release 2003/111`:ibPA'-1~~0~'~G~Se0tls5~~210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2865 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 those extrahazardous deaths which have occured since the end of the Korean conflict. I don't know what the problems or cost might be, but there have been many deaths like those who were inducted to serve and their airplane crashed on the way to training camp, or sub- marines have gone down like the Thresher, and a lot of other deaths under warlike conditions. Mr. SECREST. I believe we had testimony yesterday that those deaths of that type, such as where a parachute fails to open, and various other things, amounted to about 500 a month, which is the casualty rate in Vietnam so far. Mr. STOVER. We have also taken note of your bill, Mr. Chairman, and believe this could be the solution. The main purpose, as I understand, of the Government getting into the life insurance program is that the life insurance industry isn't providing insurance. We all know many policies have war clauses which go into effect whenever it serviceman is serving in a combat zone or under warlike conditions. If the insurance industry and the veteran and the Government can join together to provide adequate insurance at a very low or minimal cost, it seems that we may have the solution which will be satisfactory to all concerned. I know that 25 cents a thousand has boon men- tioned, and certainly this sounds like a very, very reasonable cost to a serviceman whose basic pay, I might point out, is considerably more than it was during World War II, at which time, as I recollect, 5-year level premium term insurance was about. 65 cents a thousand for a serviceman around 21 years of age. I might also point out that the $10,000 figure was set for the national service life insurance program on October 8, 1940, and we don't have to go into the record to know that $10,000 in 1940 bought a lot more goods, and possessions, and homes, and everything else than it will in 1965. Mr. EVERETT. Would you recommend $20,000 rather than the $10,000? Mr. STOVER. Yes, sir; we certainly would. Because if Congress is going to mive the wartime protection that we gave to our servicemen in World War IT, certainly it ought to be a comparable amount under today's scale of prices and cost of living. Mr. EVERETT. You know, the first quality of a man elected to Congress is: Can lie be elected? And so, do you think this would overload the wagon so we couldn't pull it, to make it $20,000 rather than $10,000? . Mr. STOVER. I think it should be available if the serviceman wants it and is willing to pay for it. Mr. EVERETT, Well, don't you think we would get into adminis- trative difficulty in putting him in the position whore ho. could buy anything he wanted? I mean, it's possible this would just keep us ? in confusion all the time. Mr. STOVER. 1 wouldn't advocate anything that would have that result; but the cost of living in the last 25 years, I believe it is sub- stantially correct to state, has doubled since before World War II. But this is not our position and it is mentioned only as a possibility to be considered. Mr. Jones, would you care to make any comments? Mr. JONES. Not on that point. Approved For Release 20039 b4 PffAl~dk%64 a 882 05 En 'FORCES Mr. STovE t. This summarizes my statement here, Mr. Chairman. Mr. Jones wculd like to make a comment. Mr. EVERITT. Any questions, Mr. Teague? Mr. Secrest? Mr. SECRMT. I just want to get it clear. You do not object to this type of legislation? Mr. Srovu:t. No, sir; we do not object. In fact, as a general. principle I believe our Chicago resolution, No. 244, is authority to support it. Mr. EVEUFTT. Mr. Brown? Mr. Buowra. No questions. Mr. EVLUnTT. I take it from your statement that ?you feel that private enteiprise should participate in this program rather than putting the Government back in We life insurance business. Mr. STOVER. Yes; that is our view so long as the VA administers the program. The private insurance industry is one of the biggest and richest industries in America and they certainly have profited tremendously durin the last 25 years. It seems to inc they have an obligation to fill this gap which has occurred in our insurance system for active duty servicemen and should be called upon to help out and maka a contribution. Mr. EvEunTT. Mr. Teague? Mr. TEAG1rE of California. No questions. Mr. EVEUnTT. Mr. Jones, we will be glad to hear from you. Mr. JONES. Just two or three little points. I heard the discussion previously this morning about whether this should be compulsory. That might have some problems. I think the provision in your bill which says they would have to decline it, would be adequate, provided they could be reinterviewed at the time of departure for overseas, if insurance is provided for them here in the States, or at the time in the combat area:,, or periodically. Mr. EVEUETT. Wait just a minute right there. On that point, what about a man in a training accident at Fort Berming, or Fort Riley, or Fort Ord, or somewhere like that? If you say, "Well, there is no use taking it out until you are going over there to be shot at," that man would be without insurance if he was killed in a training accident in. the continental United States, wouldn't he? Mr. JONES. Of course, if it weren't compulsory you always take the chance that s. few men would not be covered with insurance at the time. We had that in World War II. In my particular part of the Army, we had to i tterview our soldiers at intervals as to NSLI, and had almost a hundred percent coverage. But if this provision remains as it is, then I would hope that the Department of Defense would direct periodic reinterviews, either periodically or at other appro- priate tames. or both; at least that much additional protection, if it isn't going to be compulsory. I think they would probably do it without statutory direction. The other thing I would like to comment on is this. Our inclination to support 3 our bill, Mr. Chairman, is based, I think, on two main points. It vrould probably mean that there would be no restriction on designation of beneficiaries as to individuals in contrast to corporate beneficiaries and we think would make it more likely that you inigh.t enact legislation to provide insurance, or make it available to men Approved For Release 20031101M0'$ s PA=~t~ ~$f4~I 6V0V6fffi0005-9 Those two things we strongly favor. Mr. EvEiuirr. You mean to have the beneficiary anyone he wanted to name? Mr. JONES. Yes, as long as it is an individual, not a corporation. Mr. SECREST. As I understand it, under this bill he can leave it to his college, if he has no relatives, or build a monument. Mr. Jo14Es. We are particularly concerned with individuals as beneficiaries, not so much corporate beneficiaries. Mr. EVERETT. Under the Talmadge bill he could not name any beneficiary he wished; is that right? Mr. STOVE H. That is tight. It was limited as to beneficiaries. Mr. EVERETT. Yes. Take an example of a boy whose mother and father were both dead and he was raised by an uncle, or aurit, or someone like that. I know several instances down in my section of the country where that happened. Go right ahead, Mr. Secrest. Mr. JONES. That's all I had, Mr. Chairman. Thank you. Mr. SECREST. I have nothing further. Mr. EVLRETT. Mr. Brown? Mr. BnowN. No questions. Mr. EVERFTT. Mr. Teague? Mr. TEAGUE of California. No questions. Mr. EVERETT. We certainly appreciate the contribution that you have made to this committee. I assure you we will certainly give it every consideration in executive meeting. Mr. Patterson, or Mr. Meadows? Mr. SECREST. I might like to clarify just one thing. You expressed no objection if it is compulsory? Mr. STOVER. If the insurance is as proposed under Mr. Everett's bill. Mr. SECREST. Everyone in the armed services shall take this insur- ance at 20 or 25 cents a month per thousand? Mr. STOVER. We have nothing in our mandates that I know of that we would oppose that. (Mr. Stover's statement follows:) STATEMENT Or FRANCIS W. STOVER, DIRECTOR, NATIONAL LEGISLATIVE SERVICE, VETERANS Or FonnION WARS OF TILE UNITED STATES Mr. Chairman and members of the subcommittee, thank you for this opportunity to present the views of the 1,300,000 members of the Veterans of Foreign Wars of the United States with respect to this most important legislation which will benefit active duty personnel who are doing the fighting and dying in combat zones all over the world. My name is Francis W. Stover and my title is national legislative director. Earlier this year the VFW supported S. 2127, when this bill was before the Senate, which was in line with a resolution approved by our national convention in 1964 at Cleveland, Ohio, The VFW has always strongly supported legislation that veterans who served in combat zones for which a campaign badge or medal is authorized should have that service elevated to wartime status for the purpose of veterans benefits, Since the Senate consideration of S. 2127, our position has expanded to support full wartime veterans' benefits for all members of our armed services who serve on active duty. Resolution No. 264, which was unanimously approved by the delegates to the national convention of the Veterans of Foreign Wars of the United States, which was held in Chicago, Ill., August 13 to 20, 1965, reads as follows: "Be it resolved, by the 66th National Convention of the Veterans of Foreign Wars of the United States, that we f ully support full wartime veterans' rights and Approved For Release 2003/1 I1 q1&ENW1#7-OROTRStJFtAPLEOFi 1'iSZNT FIRMED FORCES benefits fcr all members of our armed services who serve on active duty in our protracted struggle against Communist aggression." The Veterans of Foreign Wars favors full insurance protection for all members of our Armed Forces who are serving on active duty. Legislation should not be limited to present and future service but cover retroactive deaths since the end of the Koreas war while on active duty. The VFW, therefore, recommends that the delimii.hig date of January 31, 1955, be established for the purpose of deter- dependency indemnity coverage for single men with nondependent parents. Under the present law a parent, to be eligible for dependency and indemnity eompeusat on, must meet a strict means lost before payment is made because of the death of their child. One of it e glaring defects of the Survivors Dependency and Indemnity Act was its omissioa of any benefits to survivors of veterans beyond the immediate dependents or next of kin. Thus, brothers and sisters and nondependent parents are not eligible or entitled to any survivors' benefits under this net. Where there is a survivor within the permitted class who is entitled to depend- ency and indemnity payments is one thing. An intolerable situation and a harsh result oceans for those who do not come within the limited class of beneficiaries under this act. With the death toll mounting in Vietnam, there will be more and more eases where, a young man has been killed and leaves no beneficiaries who are eligible in the present or foreseeable future for dependency and indemnity compensation payments. Insurance for the single serviceman is estremely urgent--especially where private insurance is unobtainable. Rather than amend the. dependency and indemnity componsation program, this insurance should be in addition. to any benefits available under this highly successful program, which has been in opera- tion since January 1, 1957. It should be available to all and, not limited to the limited class of beneficiaries under the dependency and indemnity compensation program. The Veterans of Foreign Wars has also had brought to its attention a growing number of complaints that commercial life insurance is either, not obtainable or extremely dhfoult to obtain when the serviceman finds that lid is scheduled to be shipped to a combat zone. The, primary purpose of Government life insurance or indemnity insurance is to fill the void caused by the unavailability of commercial insurance. ;his was the theory of USGLI when Congress authorized Government life insurance for servicemen of World War I and NSLI in 1940. The VFW Sas noted 11,11, 10873, introduced by the distinguished chairman of this subcommittee. ll.R. 10873 may be the alternative to free indemnity insur- anee and has the support of the VFW as a substitute to S. 2127 and similar bills. 1I.R. 108Th would provide special insurance similar to group life insurance by the payment of a small premium by the serviceman. Such insurance would pro- vide in some manner benefits to the fathers and mothers who have given their son but who are ratable to qualify under the Survivors Dependency and Indemnity Act. The so -viceman could continue this insurance after discharge, a most desirable feature. It should be pointed out that $10,000 is not the same p7rotection its was provided on October 8, ] 940, when the NSLI Act went into effect; $20,000 is a more equitable amount and reflects the increased cost of livingg~ in the past 25 years. The basic underlying reason then for the Government to grant this insurance is because insurance is unavailable to those citizens who are risking their livcre. daily in areas similar or identical to wartime situations. If it is the policy of this Government to draft young men, then it follows there is an obligfption on the part of his Governrlent to pay or indemnify someone when that young man loses his life in carrying out the commitments of this Government, The Veterans of Foreign Wars endorses legislation to providd adequate insur- ance coverage 'or cold war servicemen as provided in our Cariozo mandate II.14. 244 attached. II.R. 10873 appears to tic a very satisfactory: solution for all concerned-tlk serviceman, the Government, and the private life insurance industry. We insist on the VA administering the program-any insurance program for veterans. Thank you fcr this opportunity to present the views of the Veterans of Foreign, Wars with respect to this most ugrently needed and meritorious legislation. It will be deeply appreciated if copies of our 66th national convention Resolutions Nos. 5, 244, and 264 are made a part of my remarks and a part of the hearing Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR TIIE ARMED FORCES 2869 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 record. It is those resolutions endorsed by the delegates representing 1,300,000 members that authorize our support for this insurance protection for cold-war veterans. RESOLUTION No. 5. VETERANS GOVERNMENT INSURANCE PROGRAM Be it resolved, by the 66th National Convention of the Veterans of Foreign Wars of the United States, That we seek approval of the. following recommendations by administrative changes or legislation, as applicable: 1. Reopen national service life insurance program to those, veterans who served in the Armed Forces during the period of October 8, 1940, and December 31, 1956, inclusive. 2. Authorization of waiver of service-connected disabilities for the purpose of reinstating "II", 111111111 "J", or "JR policies (the service-connected disability permitted veterans to obtain the insurance initially). 3. Authorization to waive service-connected disabilities to permit granting of the total disability income provisions on national service life insurance policies. 4. Amendment to section 712, title 38, United States Code, to change the 1-year limit in which to file claim for waiver of premiums for total disability to 3 years. 5. Authorize the Board of Veterans' Appeals to review all decisions affecting rights under the Government insurance program. 6. Authorize $10,000 gratuitous insurance to members of the Armed Forces who are required to engage in combat or extrahazardous duty. 7. Authorize granting of insurance under Public Law 88-664 to eligible persons on active duty. Adopted at the 66th National Convention of the Veterans of Foreign Wars of the United States held at Chicago, Ill., August 13 through August 20, 1965. RESOLUTION No. 244. To REENACT INSURANCE PROTECTION GRANTED UNDER. TIIE SERVICEMEN'S INDEMNITY ACT OF 1951 (PUBLIC LAW 23, 82D CONG.) Whereas under date of November 8, 1961, 77 recruits inducted into the U.S.. Army were killed in an airplane crash, near Richmond, Va.; during April 1963, 129 Servicemen died on the U.S.S. Thresher; and Whereas under current laws they were not protected by Government insurances and Whereas national service Igo insurance coverage was available to all eligible servicemen through April 24, 1951. After that date persons entering the service were automatically extended protection Under the Servicemen's Indemnity Act of 1951 (Public Law 23, 82d Cong.) lit the event of the serviceman's death while in the active service or within 120 days following his release from service, pay- ments of up to $92 per month for 10 years were paid to a widow or child, or parents or brothers or sisters of the deceased. Due to the spread out payments, on which interest at 2% percent a year was paid, the total amount )aid was up to $11,148. The Servicemen's and Veterans Survivor Benefits Act (Public Ig'w 881, 84th Cong.) repealed the Servicemen's Indemnity Act of 1951 effective January 1, 1957, thereby terminating the automatic indemnity provided for per- sons in the active service and after June 27, 1050,.and prior to January 1, 1957. To replace the servicemon's indemnity (so-zalled $10,000 "free iiisdrance") the act provided a new form of death compensation designated in the law as "dependency and indemnity compensatior," and extended coverage under the social security system to military personnel on a contributory basis. Dependency and indemnity compensation, became payable by the Veterans' Administration to widows, children, and dependent parents of persons who died from service- connected causes generally on or after January 1, 1957, Servicemen who were released from service had 120 days or through December 31, 1966, if discharged within 120 days of that data to apply for national service life insurance under Public Law 23, 82d Congress; and Whereas Public Law 88-604 does not afford protection for persons in service and hostile countries: Now, therefore, be it Resolved by the 66th National Convention of the Veterans of Foreign Wars of the United States, That we Book legislation to reenact a genuine insurance protection program to ever retroactively all inservice deaths of those who are uninsured. Adopted at the 66th National Convention of the Veterans of Foreign Wars of the United States held at Chicago, Ill., August 13 through August 20, 1965. Approved For ReleaseZD03/JqW T IAf~ 2 b/ 66E4F6 06 06 $O o cEs REBOLU'TION No. 264, WARTIME BENEFITS Whereas the President of the United States has solemnly proclaimed "this is war"; and Whereas our Armed Forces are being greatly increased in size, which has reppUted in a large increase in the draft; and Whereas our troops in South Vietnam are suffering death and wounds and ex- posure to the other hazards of war; and Whereas U.S. fighting men have been (lying in Santo Domingo; and Whereas our fighting men in the United States and throughout the world are manning the ramparts of freedom against Communist aggression which is based upon a global strategy; and I Whereas the war against Communist aggression must continue to be' fought on,a worldwide basis wita our Armed Forces ready for combat wherever they may beastationcd throughout the world; and Whereas our servicemen who are so engaged in the defense of the United States .and the free world are lot hesitating to make the supreme sacrifice because the United States is net technically at war with the forces of aggression; and 1 Whereas it is unfair to deprive our fighting men of wartime benefits in the war they are now fighting msroly because of the absence of a technical declaration of war: Now, therefore, be it Resolved by the 66th National Convention of the I eterans of Foreign Wars of the United States, That we fully support full wartime veterans' rights and benefits for all members of our a'med services who serve on active duty in our protracted .struggle against Communist aggression. Adopted at the 66th National Convention of the Veterans of Foreign Wars of the United States hold at Chicago, Ill., August 13 through August 20, 1965. Mr. EVERETT. Without objection, I will place in the record a copy .of -a statement of our colleague, the Honorable Charles S. Joelson, of New Jersey, relating: to this matter. (The statement of Mr. Joelson follows:) HOUSE OF REPRESENTATIVESI, Washington, D.C., September 8, '1965. II6n. OLIN E. TEAGUE, -Chairman, Veterans' Aft airs Committee, -Cdnnon House Office Building. DEAR MR. CHAIRMAN: I enclose a statement which I would appreciate, having included in the record o1' the hearings on bills to provide life insurance protection for members of the armed services. Sincerely, CHARLES S. JOLmsor Illember of Congress. A STATEMENT IN SUPPORT OF II.R. 10272 AND H.U. 12073, To PROVIRe LIFE INSURANCE PROTECTIJN FOR CERTAIN MEMBERS OF TILE ARMED SERVICES Mr. Chairman and members of the committee, I thank you for this opportunity to appear before you ar d discuss my two bills, H.R. 12072 and II.R. 10273. I "introduced these two bills, because they will help correct a serious inequity affecting some members of our Armed Forces. The Armed Forces personnel who would be affected by these bills are performing a dedicated and remarkable service for their country, but chile so doing, they have become ineligible for normal insurance coverage that is available for the average American. It is an obligation and a responsibility of )ur Federal Government to rectify this inequity. I am sure that the American people support any action that would alleviate this injustice. My hill, TI.R. 10272, proposes to amend title 38 of the United States Code so as!to provide a program- of insurance for members of the Armed Forces who are unable to obtain commercial insurance at standard rates, because of their being assigned to duty in a combat zone or performing extrahazardous duty. This bill would authorize such members of the Armed Forces to acquire Government insurance on the same standard terms as those of the national service life. insurance. The provisions of this bill would be applicable only to those members of the Armed Forces that are enable to obtain commercial life insurance at a standard rate. We are not brining the Government into competition with commercial Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2871 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 insurance companies by authorizing this special insurance. In fact, in many cases, commercial companies will not write insurance for these personnel covering all contingencies; and oven in those cases that they will write policies, the pre- miums are much higher than standard rates. Thus, what this amendment proposes to do is to provide insurance for those members of the Armed Forces who are performing duties in the service of our country that render them ineligible for standard commercial insurance coverage Second, my bill, If.R. 10273, proposes to amend title 38 of the United States Code to provide a program of death indemnification for persons serving in combat zones, The amendment defines "combat zones" to mean any area determined by the President to be an area in which units of the Armed Forces of the United States are engaged in combat operations on or after the date of enactment of this amendment. The countries of Laos, Cambodia, and Vietnam are specifically included within the definition of a combat zone until the President should doter- mine that such countries are no longer combat zones. The proposed amendment would automatically insure each member of the, Armed Forces on active duty in a combat zone against death, while on active duty in a combat zone and for 120 days thereafter. Insurance would be without cost to the members of the Armed Forces on such duty. The insurance provided by this amendment would be in the amount of $10,000, reduced by the amount of U.S. Government life insurance, national service life insurance, and commercial life insurance held by the insured and in force at the time of his death. Therefore, this amendment proposes to provide up to $10,000 of Government insurance to the beneficiaries of those members of the Armed Forces killed while on duty in combat zones. Furthermore, in those cases where members of the Armed Forces in a combat zone have national service life insurance or U.S.,Government life insurance, this amendment provides for a waiver of premium on these insurance policies for the period of combat duty and 120 days thereafter; that is, all premiums on the na- tional service life 5-year level premium term insurance would be waived and the portion of premiums on all other forms of insurance which represents the, pure insurance risk would be waived. I fool sure that my concern for members of the Armed Forces of the United States assigned to duty in it combat zone is shared by all patriotic Americans. We must not add to the worries of our personnel assigned to combat duty, the additional worry of the economic security of their families in the event of death. To help relieve them of this worry is the least we can do. Today, we have soldiers, sailors, marines, and airmen fighting in the jungles of Vietnam. These individuals arc gallantly making sacrifices for their country as generations have before them'. We ask members of our Armed Forces to fight for the cause of freedom anywhere in the world. And those fighting today are entitled to no less security than we provided the men who fought in World War II or in Korea. Almost daily we hear of additional Americans- who have paid the supreme sacrifice in an effort to uphold our beliefs in freedom and democratic government. And, although the fighting in Vietnam is not a declared war, it is nonetheless bloody and accompanied by death. We have an increasing number of American servicemen who are daily risking their lives in this struggle in southeast Asia. We ask so much of them, and they respond. Certainly they are entitled to ask of us that we make sure their loved ones are provided with some economic so- curity in the. event of their death. Senate bill 2127 which has passed the U.S. Senate seeks to establish a special indemnity insurance for personnel serving in combat zones and addresses much the same problems as my bill; II.R. 10273. In the Senate Report No. 619 ex- plaining S. 2127, the following statement is made relative to the availability of commercial insurance: w "Representatives of the American Life Convention and Life Insurance Asso- oiation of America submitted very significant testimony at the hearings on this bill. They admitted that because of the conditions in Vietnam a number of life insurance. companies have concluded that they will no longer write insurance on a serviceman already in a combat zone or alerted to move to one. Other com- panies have taken the position that they will write such insurance only with a war exclusion clause. Out. of 330 companies who are members of the insurance asso- ciations represented by the witnesses, the committee was able to learn of only two, or three at the most, which are continuing to write policies without it war exclusion Clause if the soldier is alerted, on his way to, or in a combat zone. Even in these cases there is generally a maximum placed on the amount of insurance Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 App ovef] Foy'We?eas"e i&bdit 64 F8YArffbP*ft4 4 0500210005-9 they will issue and, further, it appears that such companies will continue to write such insurance only as long as they receive relatively few applications for it. It was readily apparent to the committee, therefo-e, that thousands of young men who are being called to service as it result of the current planned buildup of our forces have great difficulty, and in many ease, are unable to secure adequate insurance protection for their families." I think the above information amply illustrates the necessity for the Congress of the United States to take action to relieve ;his hardship and injustice. No matter whether we term this a "cold war" or it "hot war," the loss of life has the same injurious effect on families directly concerned. Today, we are enjoying a prosperity unparalleled in the history of mankin1. Frankly, we must admit that a great deal of this prosperity is attributable to those who have sacrificed their lives for the cause of freedom. These sacrifices are as groat today as ever before. And, our country's future;is largely dependent upon the sacrifices of its citizens today. I feel confident that the American people are enxious to provide this indemnity protection for the families of those who are killed in combat, and also to provide an equitable insurance protection for those win, are involved in extrahazardous duties, and who cannot obtain commercial inst runce at standard rates. I sin- cerely believe that favorable congressional action on these proposed amendments would bolster the morale of our Armed Forces psrsonnel. Mr. EVERETT. The subcommittee has received a statement from Mr. Charles L. Huber!of Disabled American Veterans, which will be placed in the record atthis point if there is no objection. STATEMENT OF CnARLES. L. HUBER, NATIONAL DIRECTOR OF LEOIsLATION, DISABLED AMERICAN V1:TERANs Mr. Chairman and members of the committee, the Disabled American Veterans deeply appreciates the opportunity given as to i,ppear before you to express our views in connection with the insurance bills under consideration. At the outset, we wish to reemphasize that the membership of the Disabled American Veterans is comprised of veterans who nerved honorably during a period of war and who were wounded, injured, or othe;-wise disabled by reason of such service. Included in the term "during a period of war" are veterans whose wounds, injuries, or diseases were incurred as a uesult of armed conflict, or while engaged in extrahazardous, duty, including service under conditions simulating war. i We recognize, Mr. Chairman, that you and the subcommittee members are making a sincere and honest effort to resolve the insurance problems of young people entering our Armed: Forces in this time of crises. We realize that there may arise, during the period of these hearings, some differences of opinion as to the best course to follow, the exact type of legislition which would he most help- ful; but there should be no difference of opinion as to the fact that there is a definite need for legislative action. The Disabled American Veterans advocates tie adoption of a program which would provide for life insurance or indemnity payments for the survivors of per- sons who die as a result of disease or injury inem red in the armed services of the United States. In view of the current emergenep situation, and particularly the hostilities now underway in Vietnam, favorable a onsideration by this committee and the Congress of such a B. insurance program is, we think, a matter of special importance. The basis of our policy in this connection is expressed in a resolution which was approved by the Disabled American Veterans national convention held August 1-7, 1965, at New Orleans, La. In essence, the resolution declares that the Disabled American Veterans shall go on retie?d recommending that members of the Armed Forces serving in combat areas be given an opportunity to obtain insurance similar to that accorded members of the Armed Forces of World War II and/or the Korean conflict. Under terms of this resolution, the DAV National Legislative Service is auth- orized to propose or su port either a program of insurance coverage similar to that provided World War TI servicemen under tree National Service Life Insur- ance Act of 1940, or servicemen's indemnity authorized under Public Law 23, Std Congress, enacted April' 25, 1951. There is a variety of bills under consideration pe?taining to automatic gratuitous indemnity insurance. Such a bill is one recently passed b the Senate i e t t e Ser9lDndnu{A12n%eB1~U14AfL@~k1210005-9 P~fra`?de lay%c~rn~eleatt41 INDEMNITY OR INSURANCE FOR THE ARMED FORCES 2873 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 provide $10,000 gratuitous insurance for any person on active duty in the Armed Forces while serving in a combat zone. It would further provide that such person shall be deemed to have been serving in a combat zone at time of his death if he dies outside of a combat zone and (1) his death is determined by the Admin- istrator to have been the direct result of an injury or disease incurred while serving in the combat zone, and (2) the injury or disease from which such person died was incurred not more than 2 years prior to death. Combat zones are to be determined by Presidential proclamation. The indemnity would be payable in 120 equal monthly installments to the surviving spouse, child or children, parents, or brothers and sisters of the insured. In our testimony before the Senate committee we expressed agreement with the basic purposes and results S. 2127 socks to achieve. The bill contains a provision relating to beneficiary designations which is commendable to the DAV. The, presently existing Survivors Dependency and Indemnity Act has an extremely rigid limitation with respect to parents. We are, pleased indeed that no "heed clause" has been incorporated in the bill. We saw also in this bill a means of filling the gap of insurance., needs for our men in. the Armed Forces who are finding it increasingly difficult to obtain insurance through private companies. This is a fact which was made clear in recent testimony before your subcommittee by a representative of the private insurance industry when he said "because of the conditions in Vietnam a majority of the life insurance companies have concluded that they will no longer write insurance on a serviceman already in a combat zone or alerted to move to one, or will write such insurance only with a war exclusion clause." The DAV supported enactment of the bill for the reason that we felt it had a substantial degree of merit, and for the further reason that its provisions fell within the general scope of our national convention resolution. However, we also felt that certain of its features were too restrictive and required additional study and adjustment. For example, one of the requirements for eligibility under the bill is that the serviceman must have died as a direct result of an injury or disease. This "direct result" requirement is not only vague and difficult to interpret, but it also places a severe limitation upon those potentially eligible. In many instances a disease or injury is a definite contributory factor leading to death, and yet in itself is not the primary or direct cause of death. It was our recommendation that any injury or disease which caused or "con- tributed" to a serviceman's death be considered sufficient for eligibility purposes if such injury or disease was incurred in line of duty in a combat zone. Another item which we brought to attention is the limitation in connection with combat zones as determined specifically by, the President of the United States. Members of the Armed Forces who have died in Lebanon, the Dominican Repub- lic, and possibly many other places in the past and in the future may not be entitled to the indemnity insurance protection unless a specific declaration is made. The DAV recommended that this item be broadened to include all areas where our servicemen were, or will be, involved in extrahazardous duty. We also addressed attention to the provision in the bill which stipulates that the disease or injury from which a serviceman dies must be incurred not more than 2 years prior to his death. As an organization handling many hundreds of thousands of compensation claims, we found this provision hard to accept. There have been countless cases where a veteran has suffered a severe injury or disease and has lingered on for many years prior to death. We are sure that the records of the Veterans' Ad- ministration will bear this out in the continuing payments to widows and other dependents of death benefits based upon disability or disease incurred in service. We therefore recommended that the limitation be extended beyond the, 2-year period. Mr. Chairman, several of the insurance bills pending before your subcommittee contain indemnity features somewhat similar to those offered in S. 2127. The DAN national convention insurance resolution is broad enough to admit of many possibilities; and hence we are able to support II.R. 4379 and similar bills which authorize $10,000 automatic free insurance protection for members of the Armed Forces serving outside the United States. However, the insurance coverage under terms of these bills would be prospective inasmuch as such cover- age would commence after the date of enactment. Reports indicate that more than 700 members of the Armed Forces have already been killed in Vietnam and other areas of hostilities. We feel it only fair that the indemnity coverage should be extended to include the survivors of these deceased servicemen. ,I~ 1 Appr tV41 t ft 1**440 nfdf ~b4fltl AV4)05-9 Approved For Releas 200 /11/04: C1AlRDP67B00446R000 00 12 0005 OR THE ARMED FORCES pri rate insurance companies for members of the uniformed services who are on act ve duty. Essentially, the bill authorizes the VA Administrator to purchase from one or mope commercial life insurance companies a group life insurance policy which wil automatically insure any serviceman on active duty against death in the amount of $10,000, unless such serviceman elects in writing (1.) not to be insured, or i 2) to be insured for less than $10,000 but not less than $1,000. The uniform premium would be deducted from the pay of those covered. The Go iermnent would contribute any amount necessary to cover the excess premium cos; due to the extra hazards of military service. The group life insurance pro- teo.ion would cease 120 days after separation from active service. The veteran may, however, convert his group insurance without physical examination to a plat written by it commercial company participating in the program. This conversion clause would apply also to the serviceman who has incurred a service- connected disability that rendered him commercially uninsurable at standard rates. ELIt. 10373 and the other bills mentioned earlier all offer solutions to the 1c currently being inducted into the, U.S. Armed Forces. people 'ns t ran eL problems of coIr t P I If it is the decision of the subcommittee that the group inauranoo proposal em- ~~ bra.,ed in IL IL. 10873 represents the most desirable approach for resolving the insurance needs of members .of the Armed Forces, and should the subcommittee decide to favorably report the measure, we would respectfully ask that the follow. ing amendment be given thoughtful consideration: "Any serviceman who has died as a result of an injury or disease incurred while serving in a combat zone, and where such death occurred prior to date of enactment of this chapter, shall be deemed to have applied for and to have been t gra ited such insurance its of s the (late of death, in an amount which, together with any other U.S. Government life insurance or -natioinal service life insurance in force, shall aggregate $10,000. The insurance shall be paid from Federal appro prittions.,, This proposed amendment would serve to fulfill the Government's firm obliga- our country's Ireedom. I a conclusion I wish again to thank the subcommittee for affording this oppor- tunity to the Disabled American Veterans to submit its views on this crucial subject. ]vIr. EVERETT. Without objection, any additional material pertinent. to this subject which may be received by the subcommittee will be ins3rted at this point in the record. (The following telegram was subsequently received:) Chairman, House Veterans Affairs Subcommittee on Insurance, Cannon House Office Building, Washington, D.C.: - In testifying on behalf of our association before your subcommittee on Sep ten.ber 8, Carlyle M. Dunaway stated that we would no longer object to service. men's indemnity bill S. 2127 provided that it was ameo.ded in certain particulars, but that we would be opposed to the enactment of servicemen's group life insur- ance bill 11.11. 10873. Since that time, our board of trustees has learned that I[.It. 10873 will be amended to permit a covered serviceman, upon discharge, to eonverrt his group coverage in any company wishing to make itself available for the conversion of such coverage, whether or not it was it participant in the group. program. Of even more importance, our board is now convinced that the enactment of S. 2127 would tend to lead to a general reopening of the national ser"iec life insurance program. In these circumstances, we wish to advise your subcommittee that we are withdrawing our opposition. to 11.11, . 10873, provided that it is amended in the manner indicated above. WILLIAM 11. GATLINO-, President, the National Association of Lite Underwriters. ]vlr. E, vERETT. Does any other member of the audience have any statement he wants to make? The hearing is closed. i Whereupon, at 10:40 a.m., the hearing wan; closed.) Approved For Release 2003/11/04: CIA-RDP67B00446R0005002100005-9 Approved For Release 2003/11/04: Cl*- nit4pI br1hh&MESENTATIVES ( REPORT s easaon j No. 1003 GROUP LIFE INSURANCE FOR THE UNIFORMED SERVICES SEPTEMBER 15, 1965.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. TEAGUE of Texas, from the Committee on Veterans' Affairs, submitted the following The Committee on Veterans' Affairs, to whom was referred the bill (H.R. 10873) to amend title 38 of the United States Code to establish a program of group life insurance which shall be provided by private insurance companies for members of the uniformed services who are on active duty, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike out all after the enacting clause and insert the following: That (a) chapter 19 of title 38, United States Code, is amended by redesignating "Subchapter III-General" thereof as "Subchapter IV-General" and by inserting immediately after subchapter II thereof the following new subchapter III: "Subchapter III-Servicemen's Group Life Insurance "? 765. Definitions For the purpose of this subchapter- "(1) The term 'active duty' means full-time duty as a commissioned or warrant officer, or as an enlisted member of a uniformed service under a call or order to duty that does not specify a period of thirty days or less. "(2) The term 'member' means a person on active duty in the uniformed services in a commissioned, warrant, or enlisted rank or grade. "(3) The term 'uniformed services' means the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, and Environmental Science Services Administration. 766. Eligible insurance companies "(a) The Administrator is authorized, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), to purchase from one or more life insurance companies a policy or policies of group life insurance to provide the benefits specified in this subchapter. Each such life insurance company must Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 App?bved KdIWWsWM6a /d~HdW th d4 PW6$600210005-9 (1) be licensed to issue life insurance in each of the fifty States of the United States and in the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Administrator, have in effect at least 1 per centum of the total amount of group life insurance which all life insurance com- panies have in effect in the United States. "(b) The life insurance company or companies issuing such policy or policies shall establish an administrative office at a place and under a name designated by, the Administrator. (c) The Administrator shall arrange wi ;h the life insurance company or companies issuing any policy or policies under this subchapter to reinsure, under conditions approved by him, portions of the total amount of insurance under such policy or policies with such other life insurance companies (which meet qualifying criteria set forth by the Administrator) as may elect to participate in such reinsurance. "(d) The Administrator may at any time discontinue any policy or policies which he has purchasedlfromany insurance company under this subchapter. 767. Persons insured; amount "(a) Any policy of insurance purchased by the Administrator under section 766 of this title shall automatically insure any member of the uniformed services on active duty against death in the amount of $10,000 from the first day of such duty, or from the date certified by the Admir dstrator to the Secretary concerned as the date Servicemen's Group Life Insurance under this subchapter takes effect, whichever date is the later date, unless such member elects in writing (1) not to be insured under this subchapter, or (2) to be insured in the amount of $5,000. "(b) If any member elects not to be insured under this subchapter or to be insured in the amount of $5,000, he may thereafter be insured under this sub- chapter or insured in the amount of $10,000 under this subchapter, as the case may be, upon written application, proof of;ood health, and compliance with such other terms and conditions as may be prescribed by the Administrator. 768. Termination of coverage; conversion "Each policy purchased under this subchapter shall contain a provision, in terms approved by the Administrator, to the effect that any insurance thereunder on any member of the uniformed services shall pease (except in the case of members absent without leave) one hundred and twenty days after his separation or release from active duty, and that during the period such insurance is in force the insured upon request to the administrative office established under subsection 766(b) of this title shall be furnished a list of life insurance companies participating in the program established under. this subchapter and upon written application (within such period) to the participating company selected by the insured and payment of the required premiums be granted insurance without a medical examination on a plan then currently written by such company which does not provide for the pay- ment of any sum less than the face value thereof or for the payment of an addi- tional amount as premiums if the insured engages in the military service of the United States, to replace the Servicemen's Group Life Insurance in effect on the insured's life under this subchapter. In adc ition to life insurance companies participating in the program established under this subchapter, such list shall include additional life insurance companies (not so participating) which meet qualifying criteria, terms, and conditions established by the Administrator and agree to sell insurance to members and forme;- members in accordance with the provisions of the preceding sentence. In the case of any member who is absent without leave for a period of more than thir y-one days, insurance under this subchapter shall cease as of the date such absonre commenced. Any such member so absent without leave,upon return to duty, may again be insured under this subchapter, but only if he complies with the requirements set forth in section 767(b) of this section. 769. Deductions; investment; expenses "(a) During any period in which a member is insured under a policy of insurance purchased by the Administrator, under section 766 of this title, there shall be deducted each month from his basic or other p,ty until separation or release from active duty, an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of active duty in the uniformed service. Any amount not deducted from the basic or other pay of a member insured under' this subchapter while on active duty, if not otherwise ApIh?'ft~l l n fl aso ~ ~y f Q 4##WOVJj0005-9 Approved For4R@-L ?#20@M1W.flSAR- VAM8*M88888A210008-9 this subsection for insurance under this subchapter may be continued from year to year, except that the Administrator may redetermine such monthly amount from time to time in accordance with experience. No refunds will be made to any member of any such amount properly deducted from: his basic or other pay to cover the insurance granted under this subchapter. "(b) For each month for which any member is so insured, there shall be con- tributed from the appropriation made for his pay an amount determined by the Administrator and certified to the Secretary concerned to be the cost of such insurance which is traceable to the extra hazard of active duty in the uniformed services. Such cost shall be determined by the Administrator on the basis of the excess mortality suffered by members and former members of the uniformed services insured under this subchapter above that incurred by the male civilian population of the United States of the same age as the median age of members of the uniformed services (disregarding a fraction of a year) as shown by the records of the uniformed services, the primary insurer or insurers, and the Department of Health, Education, and Welfare, together with the most current estimates of such mortality. , The Administrator is authorized to make such adjustments regarding such contributions from pay appropriations as may be indicated from actual experience. "(c) An amount equal to the first amount due on any such insurance may be advanced from current appropriations for active-service pay to any such member, which amount shall constitute a lien upon any service or other pay accruing to the person from whom such advance was made and shall be collected therefrom if not otherwise paid. No disbursing or certifying officer shall be responsible for any loss incurred by reason of such advance. "(d)(1) The sums withhold from the basic or other pay of members under subsection (a) of this section, and the sums contributed from appropriations under subsection (b) of this section, together with the income derived from any dividends or premium rate adjustments received from insurers shall be deposited to the credit of a revolving fund established in the Treasury of the United States. All premium payments and extra hazard costs on any insurance policy or policies purchased under section 766 of this title and the administrative cost to the Veterans' Administration of insurance issued under this subchapter shall be paid from the revolving fund. "(2) The Administrator is authorized to set aside out of the revolving fund such amounts as may be required to meet the administrative costs to the Veterans' Administration of insurance issued under this subchapter and all current premium payments and extra hazard costs on any insurance policy or policies purchased under section 766 of this title. The Secretary of the Treasury is authorized to invest in and to sell and retire special interest-bearing obligations of the United States for the account of the revolving fund. Such obligations issued for this purpose shall have maturities fixed with due regard for the needs of the fund and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue) on all marketable interest- bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 per centum, the rate of interest of such obligation shall be the multiple of one-eighth of 1 per centum nearest such market yield. "(3) Notwithstanding the provisions of section 782 of this title, the Adminis- trator shall, from time to time, determine the administrative costs to the Veterans' Administration which in his judgment are properly allocable to insurance issued under this subchapter and shall transfer such cost from the revolving fund to the appropriation 'General operating expenses, Veterans' Administration'. "(a) Any amount of insurance under this subchapter in force on any member or former member on the date of his death shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date of his death, in the following order of precedence: "First, to the beneficiary or beneficiaries as the member or former member may have designated by a writing received in the uniformed services prior to such death; "Second, if there be no such beneficiary, to the widow or widower of such member or former member; "Third, if none of the above to the child or children of such memo r rlf r e Appro l iiaR>rle~awd,20O~r/WidE~edC1*1RDP&ThGO446R000 0021..0005-9 Approved For Release 2003/11/04z[ CIA- ee7BM446fKK 16O00110IIW9NIFORtdEn SERVICES "Fourth, if none of the above, to the parents of such member or former member or the survivor of them; "Fifth, if none of the above, to the duly appointed executor or administrator of the ,state of such member or former member; "Sixth, if none of the above, to other next of kin of such member or former member entitled under the laws of domicile of such member or former member at the time of his death. "(b) If any person otherwise entitled to payment under this section does not make claim therefor within one year after the death of the member or former member, or if payment to such person within that period is prohibited by Federal statute or regulation, payment may be made in the order of precedence as if such person had predeceased the member or former member, and any such payment shall b: a bar to recovery by any other person. "(c) If, within two years after the death of the member or former member, no clam for payment has been filed by any person entitled under the order of preced -nee set forth in this section, and neither the Administrator nor the adminis- trativcoffice established by the insurance company or companies pursuant to section 766(b) of this title has received any notice that any such claim will be made, payment may he made to a claimant as may in the judgment of the Admin- istrator be equitably entitled thereto, and such payment shall be a bar to recovery by any other person. If, within four years after the death of the member or former member, payment has not been made pursuant to this section and no claim for payment by any person entitled under this section is pending, the amount payable shall escheat to the credit of the revolving fund referred to in section 769(d). "(d) The member may elect settlement of insurance under this subchapter either in a lump sum or in 36 equal monthly installments. If no such election is made goy the member the beneficiary or beneficiaries may elect settlement either in a lump sum or in 36 equal monthly installments. If the member has elected settlement in a lump slim, the beneficiary or beneficiaries may elect settlement in 36 cqual monthly installments. "? 771. Basic tables of premiums; readjustment of rates "(a) Each policy or policies purchased tinder section 766 of this title shall include for the first policy year a schedule of basic premium rates by age which the Admit istrator shall have determined on a basis consistent with the lowest schedule of basic premium rates generally charged for new group life insurance policies issuod to large employers, this schedule of basic premium rates by age to be applied, except its otherwise provided in this section, to the distribution by age of the amount of group life insurance under the policy at its date of issue to determine an average basic premium per $1,000 of insurance. Each policy so purchased shall Else include provisions whereby the basic rates of premiuun determined for the first policy year shall be continued for subsequent policy years, except that they rray be readjusted for any subsequent year, based on the experience under the policy, such readjustment to be made by the insmrai ce company or companies issuing the policy on a basis determined by the Administrator in advance of such year to be consistent with the general practice of life hlsurance companies tinder policies of group life insurance issued to large employers. "(b? The, total premiums for the policy or policies' shall be the, sum of the amounts computed according to the provisions of subsection (a) above and the estime.ted costs traceable to the extra hazard of active duty in the uniformed services as determined by the Administrator, subject to the provision that such estimated costs traceable to the extra hazard shall be retroactively readjusted annually in accordance with section 769(b). "(c' Each policy so purchased shall include a provision that, in the event the Administrator determines that ascertaining the actual age distribution of the amounts of group life insurance in force at the date of issue of the policy or at the erd of the first or any subsequent year of insurance thereunder would not be possitic except at a disproportionately high expense; the Administrator may approve the determination of a tentative average group life premium, for the first Cr any subsequent policy year, in lieu of using the actual age distribution. Such tentative average premium rate shall be redetermined by the Administrator durin r any Policy veer upon request by the insurance company or companies issuing the policy, if experience indicates that the assumptions made in determin- tcnativn average premium rate for that policy year were incorrect. i tI ng e e r, which charges shall have been Approved For Release 2003/11/04 :i nRD 6679E "0014 9- n=islet t with the general level Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 GROUP LIFE INSURANCE FOR THE UNIFORMED SERVICES 5 of such charges made by life insurance companies under polities of group life insurance issued to large employers. Such maximum charges shall be continued from year to year, except that the Administrator may redetermine such maximum charges for any year either by agreement with the insurance company or com panics issuing the, policy or upon written notice given by the Administrator to such companies at least one year in advance of the beginning of the year for which sttnh redetermined maximum charges will be effective. "(e) Each such policy shall provide. for an accounting to the Administrator not later than ninety days after the end of each policy year, which shall set forth, in a form approved by the Administrator, (1) the. amounts of premiums actually accrued under the policy from its date of issue to the end of such policy year, (2) the total of all mortality and other claim charges incurred for that period, and (3) the amounts of the insurers' expense and risk charge for that period. Any excess of the total of item (1) over the sum of items (2) and (3) shall be held by the insurance company or companies issuing the policy as a special contingency reserve to be used by such insurance, company or companies for charges under such policy only, such reserve to boar interest at a rate to be determined in advance of each policy year by the insurance company or companies issuing the policy, which rate shall be approved by the Administrator as being consistent with the rates generally used by such company or companies for similar funds held under other group life insurance policies. If and when the Administrator doter- rnines that such special contingency reserve has attained an amount estimated by the Administrator to make satisfactory provision for adverse fluctuations in future charges under the policy, any further excess shall be deposited to the credit of the revolving fund established under section 766 of this title. If and when such policy is discontinued, and if after all charges have been made., there is any positive balance remaining in such special contingency reserve, such balance shall be deposited to the credit of the revolving fund, subject to the right of the insurance company or companies issuing the policy to make such deposit in equal monthly installments over a period of not more than two years. 772. Benefit certificates "The Administrator shall arrange to have each member insured under a policy purchased under section 766 of this title receive a certificate setting forth the benefits to which the member is entitled thereunder, to whom such benefit shall be payable, to whom claims should be submitted, and summarizing the provisions of the policy principally affecting the member. Such certificate shall be in lieu of the certificate which the insurance company or companies would otherwise be required to issue. 773. Forfeiture "Any person guilty of mutiny, treason, spying, or desertion, or who, because of conscientious objections, refuses to perform service in the Armed Forces of the United States or refuses to wear the uniform of such force, shall forfeit all rights to Servicemen's Group Life Insurance under this subchapter. No such insurance shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy of the United States. 774. Advisory Council on Servicemen's Group Life Insurance "There is hereby established an Advisory Council on Servicemen's Group Life Insurance consisting of the Secretary of the Treasury as Chairman, the Secre- tary of Defense, the Secretary of Commerce, the Secretary of Health, Education, and Welfare, and the Director of the Bureau of the Budget, each of whom shall servo without additional compensation. The Council shall meet once a year, or oftener at the call of the Administrator, and shall review the operations under this subchapter and advise the Administrator on matters of policy relating to his activities thereunder. 775. Jurisdiction of District Courts "The district courts of the United States shall have original jurisdiction of any civil action or olalm against the United States founded upon this subchapter. 776. Effective date "The insurance provided for in this subchapter and the deductions and contribu- tions for that purpose shall take effect on the (late designated by the Administrator and certified by him to each Secretary concerned." (b) Section 211(a) of title 38, United States Code, is amended by inserting "775," immediately before "784'. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 6 GROUP LIFE INSURANCE FOR THE LNIFORMED SERVICES SEc. 2. The analysis of chapter 19 of title 38, United States Code, is amended (1) by redesignating "SUBCHAPTER III--GENERAL" as "SUBCHAPTER IV- GENERAL" and (2) by inserting after "760. Waiver of premium paymene on due date." the following: "SuBduAPTHR III-SERVICEMEN'S GROUP LIPS INSURANCE. "765. Definitions. "766. Eligible insurance Companies. "767. Persons insured; amount. "768. Termination of coverage; conversion. "760. Deductions; payment; investment; expenses. 11770. Bonefciaries; payment ofinsuranee. "771. Basic tables of premiums; readjustment of rates. "772. Benefit certificates. "773. Forfeiture. "774. Advisory Council on Servicemen's Group Life Insurance. '775. Jurisdiction of District Courts. "776. Effective date." SEC. 3. (a) In the case of each veteran who died or dies- (1) as a direct result of actions of hostile forces; (2) as a direct result of an accident involving a military or naval aircraft or an aircraft under i charter to the Depar,ment of Defense, Army, Navy, or Air Force; (3) as a direct result of an explosion of an instrumentality of war; or (4) while performing service for which incentive pay for hazardous duty or special pay is authorized by section 301, 304, or 310 of title 37, United States Code; while in the active military naval, or air aerv ice during the period from January 1, 1957, to the date immediately preceding the date on which the Servicemen's Group Life Insurance program is placed in eVect pursuant to section 776 of title 38, United States Code, both dates incluaiie, the Administrator of Veterans' Affairs shall pay a death gratuity to the widow or widower, child or children, or parent or parents of such veteran, as provided in subsection (b), in an amount not exceeding $5,000, determined as provided in subsection (c), but only if (A) ap- plication is made for such death gratuity wit'.lin one year after the date of enact- ment of this Act and (B) the person or persons receiving a death gratuity under this section waive all future rights to death compensation and dependency and indemnity compensation, under title 38, United States Code, on account of the death of such veteran.i (b) The death gratuity authorized by this Section shall be paid to the following classes of persons and in, the order named- (1) to the widow or widower of the veteran, if living; (2) if no widow,or widower, to the chi A or children of the veteran, if living, in equal shares; (3) if no widow, widower, or child, tc the parent or parents of the veteran who last bore that relationship, if living, in equal shares. (c)(1) The death gratuity authorized by this section shall be $5,000 reduced by the aggregate amount of (A) United SI.ates Government life insurance and national service life insurance paid or payable on account of the death of such veteran and (B) any death compensation or dependency and indemnity compensa- tion received on account of the death of such veteran by the person or persons who receive such death gratuity. (2) In any case where two or more penions are eligible for a death gratuity under this section on account of the death of the same veteran but one or more of such persons do not waive future death compensation or dependency and indemnity compensation payable under the 38, the Administrator shall pay his or their share of such death gratuity to the person or persona waiving such compensation. However, the death compE nation or dependency and indemnity compensation payable to any other person shall not be increased solely as the result of an election and waiver under this section. (3) The right of any person to payment of a death gratuity under this section shall be conditioned upon his being alive to receive such payment. No person shall have a vested rightito any such payment and any payment not made during the person's lifetime!shall be paid to the person or persons within the permitted class next entitled to priority, as provided in subsection (b). (d) Any terms used in this section which are defined in section 101 or 102(b) of title 38, United States Code, shall, for the purposes of this section, have the meanings given to them by such section 01 or 102(b), except that (1) the term "vetran," as used in this section, includes a person who dies while in the active Approved For Release 2 A ~/ 4F:?bIR i n A 0210905-9 military, naval, or air service and (2) the term "child" shall not be limited with respect to age or marital status. (e) Appropriations made to the Veterans' Administration for "Compensation and pensions" shall be available for the payment of death gratuities under this section. EXPLANATION OF THE BILL The bill provides a group life insurance plan for all members of the uniformed services who are on active duty on and after the effective date designated by the Administrator of Veterans' Affairs. This is expected to be within a matter of days after Presidential approval. The coverage is automatic, with the serviceman required to take affirmative action to remove himself from the program. The coverage provided is $10,000 or $5,000, no other amounts. If the serviceman elects out of the program after the automatic coverage and later applies for readmission, he must be able to meet good health require- ments. Premium rates for servicemen are expected to be $2 a month for $10,000 and $1 per month for $5,000, including claim and administra- tive costs. This cost may be adjusted, hopefully downward, as experience dictates. y Premiums would be deducted from the the Department of Defense and remitted to the Veteof a serviceman rans' Admin stration. The costs traceable to the extra hazards of service will be borne by the Government; otherwise, the program would be self-sustaining, with the deductions from the pay of the serviceman being such as to pay the administrative expenses attributable to the Veterans' Ad- ministration. The cost of the extra hazards of the service are to be determined on an actuarial basis, with the total payment of the Federal Government estimated at about $4 million a year during a period of hostilities such as exist in Vietnam today. Peacetime costs would not entail any extrahazard contribution, or at most a nominal one. There would be no extrahazard determination on an individual basis. The mode of settlement is limited to a lump-sum payment or settle- ment over a 36-month period in equal monthly installments. Selec- tion of the particular mode may be made by the insured, or, if he does not do so, the first beneficiary. The serviceman may designate any person as a beneficiary. If an affirmative designation is not made, the insurance will be paid in the following order: Widow or widower; Child or children; Parents; If none of the above, to the executor or administrator of the estate; If none of the above, to the next of kin of such member or former member under the laws of domicile of such member at the time of his death. Upon discharge from the service, the individual is protected in the full amount of his dpolicy for 120 days; the cost for this being borne of his active service. by t any time during Bring the his service period not later than 120 days follow- ing the date of his discharge, an individual will have the right to obtain from any one of those insurance companies participating in the program, or other companies who can ~1,~V Approved For Release 2003/11/04: CIADP67~(~~~~6~i0005-9 Approved For Releas 2003/11/04: qIA-RMMOo 4fifW oSOD211 ff" UNIF2RMEV SERVICES wit rout medical examination in an amount equal to the group insur- ance policy under which he was protected during the period of service. d d bilit he would be eligible If the man has a service-connecte isa y, for a commercial policy without medical examination and in addition, would be eligible for a $10,000 service-disabled veteran's insurance pol.cy administered by the Veterans' Administration. In the latter case, he must apply for this policy within 1 year of the date of estab- lishment of service connection. The number of participating reinsuring companies would be deter- mined according to qualifying criteria established by the Adminis- trator. The expectation being that the number of such participants would at least equal or closely approximate the number under the existing Federal employees group life insurance plan. It is suggested that the Administrator in arranging for reinsurance of the servicemen's group life insurance will prorate the reinsurance on a basis which will give greater weight to the proportion of life insurance issued by such reinsurers on members of the uniformed services in relation to the total amount of life insurance issued by such reinsurers. The prime ineurers would be required to be eligible to do insurance business in all 50 States and the District of Columbia, while the reinsurers would not be so limited. The group insurance policy would be in addition to any U.S. Gov- ernment life insurance or national service life insurance which the serviceman might hold at the time he became eligible for the group pclicy. . Section 1 of the bill contains the provisions described above. Section 2 of the bill is a technical amendment to title 38, United States Code. Public Law 881 of the 84th Congress provided three basic benefits tc veterans and their survivors. First, it provided a 6-month death gratuity ranging from a minimum of $800 to a maximum of $3,000. Secondly, it provided full coverage under the social security system for all members of the Armed Forces. Thirdly, it established a system ol' dependency and indemnity compensation known as DIC which resulted in payments to a surviving widow of $120 a month plus 12 percent of the base pay of the person who se rued. Today this means that the rate ranges from a minimum of $131 to a maximum of $377 monthly. No distinction is made between wartime and peacetime deaths. Section 3 of the bill provides for the period January 1, 1957, and continuing until the effective date of the: group insurance plan, a child or children, 000 to the widow f $5 , riaxinium death gratuity o , and parents of individuals who served during this period in one of the branches of the Armed Forces and who lost; their lives under certain hazardous conditions as a result of such service. Such a gratuity would be payable upon waiver of DIC, described previously. The amount of the death gratuity would bereduced the any DIC, national service life insurai insurance payable in the case. The figure of $5,000 has a precedent originating in World War II veteran laws When such a payment was authorized under similar conditions. The cost of the program of death gratuities under section 3 is estimated at about $19.7 million. Hearings were held on this and rely ed bills before the Subcommittee Approved For Releas , 200 111/04 : CIAI QRrA7 ?46642QM5b02j OodgLe GROUP LIFE INSURANCE FO T E UNIFORMED SERVICES 9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210d6 The favorable reports from the Veterans' Administration and the Department of Defense follow: AGENCY REPORTS VETERANS' ADMINISTRATION, Hon. OLIN E. TEAGUE, Washington, D.C., September 14, 1965. Chairman, Committee on Veterans' Affairs, House of Representatives, Washington, D.C. DEAR Mu. CHAIRMAN: This is in response to your requests for reports on S. 2127 and H.R. 10873, 89th Congress. In general, S. 2127 proposes to provide a maximum amount of $10,000 automatic free "special indemnity insurance" (reduced by the amount of national service or U.S. Government life insurance in force at the time of death) for death while on active duty with the Armed Forces in a combat zone on or after January 1, 1962, or as a direct result of an injury or disease incurred in a combat zone not more than 2 years prior to death. II.R. 1.0873 would authorize the Administrator of Veterans' Affairs to purchase from one or more commercial life insurance companies a group life insurance policy or policies which would automatically insure each member of the uni- formed services on active duty in the amount of $10,000 unless such member declined to be so insured. A uniform premium would be deducted from the pay of all servicemen and the Government would contribute an amount necessary to cover the costs traceable to the extra hazard of service. As you know, I appeared before the Subcommittee on Insurance of your committee on September 9, 1965, and briefly discussed the pro- visions of these two bills and explained the position of the Veterans' Administration with respect to each of them. This further written report is being submitted to supply for the record the attached analyses of S. 2127 and H.R. 10873, discussing in detail the provisions of each bill and certain cost aspects. For the reasons I expressed in my testimony on September 9, I am unable to recommend favorable action by your committee with respect to S. 2127. The Veterans' Administration, however, supports the principle of group life insurance as proposed in H. R. 10873 and, subject to certain technical and other perfecting amendments, recommends its favorable consideration by the committee. Advice has been received by the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely, DETAILED ANALYSIS OF S. 2127, A BILL TO ESTABLISH A PROGRAM OF FREE "SPECIAL INDEMNITY INSURANCE" FOR MEMBERS OF THE ARMED FORCES SERVING IN COMBAT ZONES, AND DATA REGARDING ADMINISTRATIVE AND OTHER COST ASPECTS OF TIIE BILL The bill would provide a maximum amount of $10,000 free "special indemnity insurance" for members of the Armed Forces against death while on active dut th ~} e Ar ed Forces in a combat zone, Approved For Release 2003/11/04: CIA-f ,_1., 4fO9I56~210~05-~' Appr&ed $91 L4M4N OI~/0~4?RC1 X12 ~g ~6 ~1~1? 00210005-9 or death as a direct result of an injury or disease incurred while serving in a combat zone if such injury or desease was incurred not more than 2 years prior to death. If the serviceman was also insured under a contract of U.S. Government life insurance (USGLI) or national service life] insurance (NSLI), the indemnity payable would be the difference between the amount of his USGLI and NSLI and $10,000. 1 The special indemnity insurance authorized would be payable in 120 equal monthly installments with interest at 2y4 percent per annum, and only to the surviving spouse, children, parents, or brothers or sisters of the insured, as those terms; are defined in the bill. The insured would have the right to designate the beneficiaries within the classes named,, the proportion of the principal amount to be paid to each, and to change beneficiaries within the classes without the consent of the beneficiaries. If the designated beneficiary does not survive the insured, or if the insired did not designate a bene- ficiary, the indemnity would be payable to the first eligible class of beneficiaries among; those named above. In such a case if a class is composed of more than one individual, payments would be made in equal shares among such individuals. Any installments not paid to a beneficiary during his lifetime would be paid to the designated contingent beneficiary, if any; otherwise to the next eligible class of beneficiaries listed., No payment would be authorized to be made to the estate of any, deceased person. The term "combat zone" is defined in S. 2127 as "any area outside the United States determined by the President to be an area in which units of the Armed Forces of the United States have engaged in combat operations on or after January 1, 1962, and before such date as may be determined by Presidential proclamation." Section 2 of S. 2127 would provide that any serviceman who serves in a combat zone for 30 days or more (or who is ordered to such duty for 30 days or more) and who is insured under a policy of NSLI or USGLI shall be entitled, upon written application, to a waiver (with the right to a refund after termination of combat zone duty) of all premiums paid on term insurance and that portion of any per- manent insurance premiums paid representing the cost of the pure insurance risk as determined by tho Administrator. It would re- quire that all premiums due during the period the waiver is in effect be timely paid to maintain the insurance in force. The waiver would apply to premiums becoming due after the first day of the first calendar month following the date of enactment of the bill or the first day of the first calendar month following entry into active duty with the Armed Forces in a!combat zone, whichever is the later date, and the waiver would continue during the remainder of such continuous active duty in a combat one and for 120 days thereafter. No premiums would be waived prior to the date of application for such waiver. Any premium waiver granted on a participating contract would render such insurance nonparticipating during the period premium waiver is in effect.' Upon certification of the period of combat zone duty by the Secretary of the military department concerned and upon application by the insured (or in death cases by the beneficiary of the insurance), the Administrator would refund to the insured or to the Appr beneficiary the amount of premiums waived. t of in f el t remi ~d~0 insurance un e i i q~6#1$31ib11'~1~~`d9A05-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 GROUP LIFE INSURANCE FOR THE UNIFORMED SERVICES 11 would be borne by the United States in an amount which, when added to any reserve of the policy at the time of maturity, would equal the then value of such benefits under such policy. Where life contin- gencies are involved in the calculation of the value of such benefits,. the calculation would be based upon such mortality table or tables as the Administrator may prescribe, with interest at rates prescribed in the bill. Currently, 38 U.S.C. 417 prohibits the payment of dependency and indemnity compensation to the survivors of any veteran dying after April 30, 1957, who has in effect at the time of his death a contract of NSLI or USGLI under an in-service waiver of premiums (38 U.S.C. 724). S. 2127 would provide that this prohibition shall not apply in the case of waivers granted pursuant to the bill. The bill also proposes to add a new section 726 to title 38, United States Code, providing that any person entitled to indemnity protec- tion, who was ordered to active duty with the Armed Forces in a com- bat zone for a period of 30 days or more or who served in such zone for 30 days or more would, upon application in writing made within 120 days after separation from active duty and payment of the re- quired premiums, and without medical examination, be granted post- service insurance. This insurance would be issued upon the same terms and conditions as are contained in standard policies of NSLI except (1) term insurance would not be renewed on the term plan after the insured's 50th birthday (2) the premium rates for term or permanent plan insurance would be based on the 1958 Commissioners Standard Ordinary Mortality Table; (3) all cash, loan, extended and paid-up insurance values would be based on the 1958 Commissioners Standard Ordinary Mortality Table; (4) all settlements on policies involving annuities would be calculated on the basis of the annuity table for 1949; (5) all calculations in connection with insurance issued under the bill would be based on interest at the rate of 3'/2 percent per annum; (6) the insurance would include such other changes in terms and conditions as the Administrator determines to be reasonable and practicable; and (7) the insurance and any total disability income provisions attached thereto would be on a nonparticipating basis and all premiums and other collections therefor would be credited to a revolving fund established in the Treasury of the United States. Payments on such insurance and total disability provision would be made directly from such fund. Appropriations would be authorized to the fund. Provision is made for the Secretary of the Treasury to invest in, and to sell and retire, special interest-bearing obligations of the United States for the account of the revolving fund, with interest on such obligations computed under criteria set forth in the bill. S. 2127 also proposes to amend 38 U.S.C. 3107 relating to appor- tionment of benefits. Under this provision, if the surviving spouse of a deceased person covered by indemnity insurance has remarried or if any such deceased person's children are not in the custody of the surviving spouse, all or any part of the special indemnity insurance otherwise payable to such spouse could be apportioned by the Ad- ministrator on behalf of the surviving children or parents. Because of the many unknown factors involved, our estimate of the cost of S. 2127, if enacted, is based on certain assumptions. We have been advised that since January 1, 1962, there have been ap- proximately 900 combat zone deaths stemming from injury or disease. The following estimate utilizes this figure and the assumptions that Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 12 GROUP LIFE INSURANCE FOR THE UNIFORMED SERVICES the U.S. Armed Forces in combat zones will be maintained at about 150,000 of which 15,000 will have Government life insurance; and that the annual mortality rates of such forces will be 8 per thousand. These mortality assumptions will result, for the purposes of these cost estimates, in 1,200 deaths per year. The total incurred yearly indemnity cost would therefore be 1,080 times $11,148 (includes interest factor) or $12,039,840. Since these benefits, however, are paid in installments over a 10-year period, the annual budgetary cost would be $2.5 million the first year, of which $1,100,000 would cover (retroactive installments, $2.7 million the second year, $4 million the 'third year, $5.1 million the fourth year, and $6.3 million the fifth year. 'The claims cost of the waiver provision for the remaining 120 deaths would be $1,200,000 each year. In addition, there will be a small administrative cost of the waiver provision and, although the proposed postservice insurance should be self-sustaining, there will also be some administrative costs for this program. The general purpose of the bill is to establish a program of group life insurance to be provided by private insurance companies for members of the uniformed services who are on active duty.; f The bill would amend title 38, United States Code, toe authorize the Administrator of Veterans' Affairs to purchase from one or more life insurance companies which are licensed to issue insurance in the 50 States and the District of Columbia and have in effect, at least 1 percent of the total amount of group life insurance in effect in the United States a policy or policies which would provide the group life, insurance coverage for members of the uniformed services; The life insurance comp Lny or companies issuing such a policy; would be required to establish an administrative office at a place and under a- name designateu by the Administrator, and to reinsure, under condi- tions approved by him, portions of the total amount of insurance under such policy or policies with, such other life insurance ! companies as may elect to participate in such reinsurance. The Administrator may at any time discontinue any such policy or policies so purchased from any insurance company. The group life insurance authorized under the bill would auto- matically insure each member of the uniformed service on full-time active duty (under a call or order to duty that does not specify a period of 30 days or less) against death from the first day of such duty, or from the data certified by the Administrator to the Secretary of the uniformed service concerned as the date servicemen's group life insurance takes effect under the bill, whichever date is the later date, and for 120 days after separation or release from such active duty. Each member Af the uniformed service would be insured' for $10,000 unless he elects in writing (1) not be insured under the bill, or (2) elects to be insured in an amount less than $10,000, which must be a multiple of $5C0, but not than $1,000. The insured's premium would be deducted from his basic pay. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 DETAILED ANALYEIS OF ILR. 10873, A BILL TO ESTABLISH A PROGRAM OF GROUP LIFE INSURANCE PROVIDED BY PRIVATE INSURANCE COMPANIES OF. MEMBERS OF THE UNIFORMED SERVICES ON ACTIVE I DUTY GROUP LIFE INSURA Approved For Release 2003/11/04: CIA-RDP67B0044bK0uuo V6uo-ICES 13 Under the bill no person may carry a combined amount of national service life insurance (NSLI) on the term plan, U.S. Government life insurance (USGLI) on the term plan or servicemen's group life insurance (group insurance) in excess of $10,000 at any one time. Any person insured under permanent plan NSLI or USGLI may be insured under the bill but the amount payable upon maturity of the group insurance may not exceed the difference between the face value of such permanent plan insurance and $10,000, plus the actual cash value of the permanent plan insurance on the date of the insured's death. The above limitations in the bill avoid double liability on the part of the United States for deaths traceable to the extra hazard of mili- tary or naval service. The Government bears such cost under existing law with respect to participating NSLI and USGLI, and under the bill would bear such cost with respect to group insurance. In general, under existing law, the excess mortality cost traceable to the extra hazard of military or naval service borne by the United States is an-amount which, when added to the reserve of a participating NSLI policy at the time of death of the insured will equal the then value of such benefits under the olicy. The reserve value of term policies is always very small, often less than one dollar. Hence, upon maturity of a participating NSLI or USGLI term policy where the death of the insured is traceable to the extra hazard of military or naval service such cost to the Government, for all practical pur- poses, equals the face amount of the policy if settled in a lump sum, and exceeds the face amount if settlement is made as a life annuity in monthly installments. On the other hand, the cash value of a permanent plan policy is a substantial sum, often amounting to several thousands of dollars. This cash value belongs to the insured and can be withdrawn by him at any time. The bill encourages holders of permanent plan NSLI or USGLI policies to continue such insurance by permitting them to obtain group insurance in an amount of not less than $1,000, in multiples of $500 approximating the cash value of their permanent plan policies. As indicated, the group life insurance authorized under the bill would terminate 120 days after separation or release from active duty. For this purpose any member of the uniformed services who is absent without leave for a period of more than 31 days shall be deemed to have been separated from active duty as of the date such absence commenced. If such it member returns to active duty there will be deducted from his basic pay an amount to cover the premiums for the period he was insured during his absence. The group life insurance authorized under the bill could be con- verted to permanent plan insurance at any time at the option of the insured. The insured upon request to the administrative office established by the insurance companies under the bill would be furnished a list of the life insurance companies participating in the program, from which he could select the coin We, y with winch he wished to place his permanent plan insurance. would be granted such insurance upon written application to the company of his choice, payment of the required premium, and without medical examination. The permanent plan insurance thus granted would be on a plan then currently written by such company, which does not provide for the payment of any sum less than the face value thereof o the pay- Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-W Approved For ReleasLA20091sNA8 !I$IA3 yl?dVt4W#bdM82 ofvicEs njent of additional premiums if the insured engages in the military service of the United States. The cost of the group life insurance authorized under the bill would be borne in part by the members of the uniformed services and in part by the Government. The premium charge for each $1,000 group insurance granted would be the same for all members of the uniformed service and would be deducted from their basic pay. Any such charge not so deducted, or otherwise paid, would be deducted from the proceeds of the insurance upon the death of the insured. The insured's share of the first premium due would be advanced from the current appropriation for his pay, and would constitute a lien upon any servnee or other pay accruing to him. The Governments share of the cost of the group insurance would be contributed from the appropriation made from the serviceman's pay. It would be an amount determined by the Administrator and certified to the Secretary concerned to be the cost of such insurance traceable to the extra hazard of the performance of active duty in the uniformed services. Such costs would be determined by the Administrator on the basis of the excess mortality suffered by mem- bers of the uniformed services on active duty above that incurred by the male civilian: population of the United States of the same age as the average age of members of the uniformed services. The sums withheld from the basic pay of the servicemen and the sums contributed fiom the appropriations for the extra hazard costs, together with the income derived from any dividends or premium rate adjustments received from insurers would be deposited to a revolving fund established in the Treasury of the United States, and all premium payments to the insurance companies, and the administrative cost of the program to the Veterans' Administration would be paid from such fund. Provision is made for investment of the fund in interest bearing obligations of the United States under criteria set forth in the bill, and for transfer of the administrative Costs to the Veterans' Administration from the fund to the appro- priation "General operating expenses, Veterans' Administration". The insured could designate any person or legal entity as bene- ~iciary of his group life insurance. If no designated beneficiary survived the insured or did not file claim within 1 year after death of the insured, payment would be made in the order listed to the. widow or widower, child or children, parents, duly appointed executor or administrator of the estate of the insured, or to the next of kin' entitled under the laws of the domicile of the member at the time of his death. The premium rates to be charged by the companies would be determined by the Administrator on a basis consistent with the lowest rates charged large employers for group insurance. Subsequent readjustments wo,ild be made if found necessary by experience. Annual reports, accounting for all income and expenses under the policies, would be made by the insuring companies. Any excess of premium income over mortality and expense and risk charges will be held as an interest bearing contingency reserve, for use in meeting future charges or for eventual return to the revolving fund in the Treasury. Each insured member would receive a certificate setting forth the benefits to which he is entitled, to whom the benefits would be payable, Approved For Releasebb~~~ /04i ~? a provisions of !.tfie policy. Such ce' r t scat` 'Wo1iT b WWI rtificate which Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 GROUP LIFE INSURANCE FOR THE UNIFORMED SERVICES 15 the insurance company or companies would otherwise be required to issue. Any person guilty of mutiny, treason, spying or desertion, or who, because of conscientious objections, refuses to perform service in the Armed Forces of the United States, or refuses to wear the uniform of such service would forfeit all rights to group insurance. No such insurance would ba payable for death inflicted as lawful punishment for crime, or for military or naval offense, except when inflicted by an enemy of the United States. The insurance provided by the bill and the deductions and contri- butions for that purpose would take effect on the date designated by the Administrator and certified by him to the Secretary of the uni- formed service concerned. STATEMENT OF W. J. DRIVER, ADMINISTRATOR OF VETERANS' AFFAIRS, SEPTEMBER 9, 1965 I am pleased to present the views of the Veterans' Administration on S. 2127, 80th Congress, a bill to establish a program of free "special indemnity insurance" for members of the Armed Forces serving in a combat zone, and on H.R. 10873, a bill to establish a program of group life insurance to be provided by private insurance companies for members of the uniformed services who are on active duty. S. 2127 proposes to provide a maximum amount of $10,000 auto- matic free "special indemnity insurance" (reduced by the amount of national service life or U.S. Government life insurance in force at the time of death) for death while on active duty with the Armed Forces in a combat zone (as that term is defined in the bill) on and after January 1, 1962, or as a direct result of an injury or disease incurred in a combat zone not more than 2 years prior to death. The insured would have the right to designate the beneficiaries of the special indemnity insurance, but only within the classes named: spouse, children, parents, brothers, or sisters of the insured. The benefit would be payable to the surviving beneficiaries over a 10-year period. The bill provides for apportionment of the benefits payable with respect to certain beneficiaries under prescribed criteria. The bill would also authorize for persons insured under U.S. Gov- ernment life or national service life insurance, a waiver of all premi- ums on term insurance and that portion of the premium representing the pure insurance charges on permanent plan insurance during the period they were covered by the special indemnity insurance. Such insureds would have to continue their insurance in force by payment of premiums and apply for a refund after termination of their com- bat zone duty. Finally, the bill would authorize the issuance of post- service insurance to persons entitled to indemnity protection, under certain conditions. The general purpose of H.R. 10873 is to authorize the Adminis- trator of Veterans' Affairs to purchase from one or more commercial life insurance companies a group life insurance policy or policies which would automatically insure each member of the uniformed services on active duty in the amount of $10,000 unless such member declined to be so insured or to be insured in an amount less than $10,000. A premium-which would be uniform for all servicemen-would be deducted from his pay. The Government would contribute an Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 16 GROUP LIFE IN3URANCE FOR THE UNIFORMED SERVICES amount to cover the 3xcess mortality cost of such insurance traceable to the extra hazard of service. The group life insurance granted under the bill would cease 120 days after separatior from active duty. While the group insurance was in force the insured could-upon application, payment of the required premiums, mnd without medical examination-convert to a permanent plan of irsurance then written by one of the participating commercial compani 3s selected by the insured. The group insurance would be payable to the designated beneficiary or beneficiaries selected by the insured. In, the absence of a desig- nated beneficiary, the insurance would be payable to the surviving spouse, children, parents, duly appointed executor or administrator of the insured's estate, or to other next of kin under the laws of the domicile of the insured at the time of his death. The bill specifies certain criteria governing the selection, by the Administrator, of the primary commercial insurer and would require that company to reinsure portions of the total amount of insurance with such other life insurance companies as may elect to participate in the program. Recently in the 3ourse of our consideration of the general field of veterans' benefits--and particularly the aspects with which S. 2127 and H.R. 10873 an concerned-certain factors have becomeincreas- ingly apparent. First, although it is true that commercial insurance is available witho,it restriction to servicemen who are performing essentially peacetime duties, it is argued that those men who have been alerted for, or who are serving in, a combat zone are not readily able to obtain-at standard rates and without war exclusion clauses- commercial insurance, coverage. Second, many of our young service- men do not have c, wife or children. In the event of their death, the 'program of dependency and indemnity compensation established by the Survivor Benefits Act authorizes benefits for their parents only if they meet a specified "needs" test and for two parents living to- gether no dependency or indemnity compensation benefits are payable if their annual ir.come exceeds $2,400. It is extremely difficult to devise a change vithin the framework of the existing program which would provide benefits for nondependent parents within the basic needs concept that has been incorporated in it. Third, there are servicemen who are survived by individuals such as brothers or sisters who are not afforded any benefits under the dependency and indemnity compensation program, but to whom the serviceman may well feel he owes some survivorship protection. The group life insurance proposal, H.R. 10873, provides' a feasible solution to thes,; problems. It would authorize $10,000 insurance coverage for all men in service; it would make benefits available in those cases where only nondependent parents survive a man killed in service; and it would permit servicemen to designate other beneficiaries now ineligible under the survivor benefits law. Under S. 2127, the indemnity bill, he entire cost would be borne by the Government. Thus, a furthe, gratuity would be superimposed on the existing gratuitous survivor benefits program which, including lull Social Security coverage, was carefully evolved by the House of R.epresen,ta- tives Select Committee about 10 years ago. On the other hand, H.R. 10873, by requiring premium payments which, in the absence of a very extensive escalation of the military situation, will make the program close to self-supporting. Accordingly, this approach will Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 make available in every case a reasonable amount of insurance pro- tection, the unavailability of which the sponsors of S. 2127 assert is the basic justification for the indemnity approach. In the light of the foregoing consideration, I am unable to recom- mend favorable action on S. 2127, but am pleased to inforin the committee that the Veterans' Administration supports the principle of group life insurance as proposed in H.R. 10873. I understand that certain technical and other perfecting amendments to the bill are indicated. In this connection, my staff will be available to the committee at any time to assist in working out such amendments. GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE, Washington, D.C., September 13, 1965. Hon. OLIN E. TEAGUE, Chairman, Committee on Veterans' Affairs, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN. Reference is made to your request for the views of the Department of Defense with respect to H.R. 10873, 89th Congress, to amend title 38, United States Code, to establish a program of group life insurance which shall be provided by private insurance companies for members of the uniformed services who are on active duty. The purpose of H.R. 10873 is as stated in the title. Specifically, it provides that each member of the uniformed services on active duty for more than 30 days would be eligible to participate in group life insurance in an amount not to exceed $10,000. The Administrator of Veterans' Affairs would be authorized to purchase group life in- surance policies from one or more life insurance companies to provide the benefits of the bill. The eligible members of the uniformed services could elect to be covered by group life insurance in any amount more than $1,000 to a maximum of $10,000, except that a member could not carry a combined amount of national service life insurance (NSLI) on the term plan, U.S. Government life insurance (USGLI) on the term plan and servicemen's group life insurance in excess of $10,000 at one time. Members insured under a permanent plan of NSLI or USGLI could be insured under the provisions of the bill but this amount payable under the group life insurance may not exceed the difference between the face value of the permanent plan insurance and $10,000 plus the actual cash value of his permanent plan insurance. Upon separation or release from active duty, the member's group life insurance policy would continue to be in effect for 120 days. During the period between separation or release from active duty and 120 days, the member would be eligible to purchase from one of the participating companies, upon written request and payment of pre- miums, a similar life insurance policy without medical examination, and without a war risk limitation. The bill provides that the member's share of the cost of the group life insurance policy, except as noted below, may be deducted each month from his basic pay. That portion of the cost traceable to the extra hazard of performance of active duty would be defrayed from the appropriation made for the pa of members of the Armed Forces generally. These moneys would bee~ ~d~epposited to a revolving fund Approved For Rete'' t543IlM/tl114 dl*vRD?6rB9L14 FeBOGG50Q2 0 e. The H. Rept. 1003, 89-1-3 Approved For Release1*03/ Q4 i WTR- MDQOMFMQ 6Bt00QbiORv'cE; 3 Treasury Department could invest these moneys in certain interest- bearing U.S. securities. The premium to the insuring companies would be paid from this revolving fund. The fund would also reim- burse the Veteran Administration for the costs of administering the program. Under the bill the member would be free to designate beneficiaries of his choice. WE ere such designation is not made, a priority among survivors is provided. The Department of Defense strongly, supports the principles con- jtained in H.R. 10873 because it contriutes to the accomplishment of several objectives favored by the Department. First, the bill provides an immediate, low cost, group insurance program, available to all service personnel with minimum costs accruing to the Federal Government. In so doing, it meets a basic requirement to cover ,those young members whose nondependent survivors would not qualify for payments under dependency and indemnity laws. See- iondly, the bill effects an added inducement to a service career. Thirdly, Ithe bill provides yet another element of a sound financial plan for members and their survivors in event of their death. The Depart- ment considers that the bill would contribute importantly to, the mor- ale of members o. the Armed Forces by remedying certain gaps in the coverage of the Servicemen's and Veterans' Survivor Benefit Act and would Ilso be extremely helpful in connection with the recent difficulty that members of the Armed Forces assigned to Viet- nam have encouni;ered in obtaining private insurance. Since the bill would be administered by the Veterans' Ad'Ininistra- tion, the Department of Defense defers to that agency as to the technical aspects of the bill. The Department of Defense is unable to estimate the impact of this legislation on the defense budget at this time. The Bureau of the Budget advises that, from the standpoint of the administration's program, there is no objection to the presentation of this report for she consideration of the committee. Sincerely, L. NIEDERLEHNER, Acting General Counsel. CHANGES IN :;XISTING LAW MADE BY THE BILL, AS REPORTED In compliance with clause 3 of rule XIII of the Rules of the House of Representatives; changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman) : SECTION 211 AND CHAPTER 19 OF TITLE 38, UNITED STATES CODE ? 211. Decisions by Administrator; opinions of Attorney General (a) Except as provided in sections 775, 784, 1661, 1761, and as to matters arising ender chapter 37 of this title, the decisions of the n s r tor or. any~qu~estion of law or fact concerning a claim for Approved For Release j, ; 4. pJ J /c OU46R.BU66O82it0O06-9y the', Veterans' Administration shall be final and conclusive and no other official or Approved For Release IJU4 :IG4ARDP'SFBOO4 R8 1085 s 19 any court of the United States shall have power or jurisdiction to review any such decision. (b) The Administrator may require the opinion of the Attorney General on any question of law arising in the administration of the Veterans' Administration. M ? N M * F ? SUBCHAPTER I-NATIONAL SERVICE LIFE INSURANCE See. 701. Definitions. 702. Premium rates and policy values. 703. Amount of insurance. 704. Plans of insurance. 705. Renewal. 706. Policy provisions. 707. Dividends to pay premiums. 708. Premium payments. 709. Effective date of insurance. 710. Incontestability. 711. Forfeiture. 712. Total disability waiver. 713. Death before six months' total disability. 714. Statutory total disabilities. 715. Total disability income provision. 716. Insurance which matured before August 1, 1946. 717. Insurance maturing on or after August 1, 1946. 718. Assignments. 719. National Service Life Insurance appfopriation. 720. National Service Life Insurance FFund. 721. Extra hazard costs. 722. Service disabled veterans' insurance. 723. Veterans' special term insurance. 724. In-service waiver of premiums. 725. Limited period for acquiring insurance. SUBCHAPTER II-UNITED STATES GOVERNMENT LIFE INSURANCE 740. Definition. 741. Amount of insurance. 742. Plans of insurance. 743. Premiums. 744. Policy provisions. 745. Renewal. 746. Dividends to pay premiums, 747. Incontestability. 748. Total disability provision. 749. Change of beneficiary. 750. Payment to estates. 751. Payment of insurance. 752. Optional settlement. 753. Assignments. 754. Forfeiture. 755. United States Government Life Insurance Fund. 756. Military and naval insurance appropriation. 757. Extra hazard costs. 758. Statutory total permanent disability. 759. Waiver of disability for reinstatement. 760. Waiver of premium payments on due date. Release 23/1 PCLI~~QQ4~Q?~6@11~n9sERVICES SUBCHAPTER III-SERVICEMEN'S GROUP LIFE INSURANCE 785. Definitions. 766. Eligible insurance companies. 767. Persons insure 1; amount. 768. Termination off coverage; conversion. 769. Deductions; payment; investment; expenses. 770. Beneficiaries; payment of insurance. 771. Basic tables of premiums; readjustment of rates. 773. Benefit certificetes. 773. Forfeiture. 77/. Advisory Council on Servicemen's Group Life Insurance. 775. Jurisdiction of District Courts. 776. Effective date. SUBCHAPTER (III] IV-GENERAL 781. Replacement of surrendered and expired insurance. 782. Adrninistrativ: cost. 783. Settlements fcr minors or incompetents. 784. Suits on insurance. 785. Decisions by the Administrator. 786, Deposits in ar d disbursements from trust funds. 787. Penalties. 788. Savings provision. Subchapter I-National Service Life Insurance ? 701. Definitions For the purposes of this subchapter- (1) The term "insurance" means National Service Life Insurance. (2) The terms "widow" or "widower" mean a person who as the lawful spouse of the insured at the maturity of the insurance. (3) The term "child" means a legitimate child, an adopted child, and, if designated as beneficiary by the insured, a stepchild or an illegiti- mate child. (4) The term':; "parent", "father", and "mother" mean. a father, mother, father through adoption, mother through adoption, persons who have stood in loco parentis to a member of the military or naval forces at any tine before entry into active service for a porlod of not less than one y(ar, and a stepparent, if designated as beneficiary by the insured. ? 702. Premium rates and policy values Premium rates for insurance shall be the net rates based upon the American Experience Table of Mortality and interest at the rate of 3 per centuir. per annum. All cash, loan, paid-up, and extended values, and all other calculations in connection with insurance, shall be based upon said American Experience Table of Mortality and in- terest at the rate of 3 per centum per annum. ? 703. Amount ')f insurance Insurance shrill be issued in any multiple of $500 and the amount of insurance with respect to any one person shall be not less than $1,000 or more than $10,000. No person may carry a combined amount of National Service Life Insurance and United States Gov- ernment life ins prance in excess of $10,000 at any one time. ? 704. Plans of insurance (a) Insurance may be issued on the following plans: Five-year level Approved For Release 2t103PpiF1D t~FfA- 1 ~1 ( ~4 ~ 'f xthirty-payment ife, twenty-yesr endowment, y, and endow- ment at age sixty-five. Level premium term insurance may be con- Approved For Release 200$f{klk/94,tr0lAa BZB09 48R00tiFOb24>d@Ol&vicEs 21 verted as of the date when any premium becomes or has become due or exchanged as of the date of the original policy, upon payment of the difference in reserve, at any time while such insurance is in force and within the term period to any of the foregoing permanent plans of insurance, except that conversion to an endowment plan may not be made while the insured is totally disabled. (b) Under such regulations as the Administrator may promulgate a policy of participating insurance may be converted to or exchanged for insurance issued under this subsection on a modified life plan. In- surance issued under this subsection shall be on the same terms and condition as the insurance which it replaces, except (1) the premium rates for such insurance shall be based on the 1958 Commissioners Standard Ordinary Basic Table of Mortality and interest at the rate of 3 per centum per annum; (2) all cash, loan, paid-up, and extended values shall be based on the 1958 Commissioners Standard Ordinary Basic Table of Mortality and interest at the rate of 3 per centum per annum; and (3) at the end of the day preceding the sixty-fifth birth- day of the insured the face value of the modified life insurance policy or the amount of extended term insurance thereunder shall be auto- matically reduced by one-half thereof, without any reduction in premium. (c) Under such regulations as the Administrator may promulgate, a policy of nonparticipating insurance may be converted to or ex- changed for insurance issued under this subsection on a modified life plan. Insurance issued under this subsection shall be on the same terms and conditions as the insurance which it replaces, except that (1) term insurance issued under section 621 of the National Service Life Insurance Act of 1940 shall be deemed for the purposes of this subsection to have been issued under section 723(b) of this title; and (2) at the end of the dayth preceding the sixty-fifth birthday of the insured the face value of e modified life insurance policy or the amount of extended term insurance thereunder shall be automatically reduced by one-half thereof, without any reduction in premium. Any person eligible for insurance under section 722(a), or section 725 of this title may be granted a modified life insurance policy under this subsection which, subject to exception (2) above, shall be issued on the same terms and conditions specified in section 722(a) or section 725, whichever is applicable. (d) Any insured whose modified life insurance policy is in force by payment or waiver of premimums on the day before his sixty-fifth birthday may upon written application and payment of premiums made before such birthday be granted National Service Live Insur- ance, on an ordinary life plan, without physical examination, in an amount of not less than $500, in multiples of $250, but not in excess of one-half of the face amount of the modified life insurance policy in force on the day before his sixty-fifth birthday. Insurance issued under this subsection shall be effective on the sixty-fifth birthday of the insured. The premium rate, cash, loan, paid-up, and extended values on the ordinary life insurance issued under this subsection shall be based on the same mortality tables and interest rates as the insur- ance issued under the modified life policy. Settlements on policies involving annuities on insurance issued under this subsection shall be based on the same mortality or annuity tables and interest rates as Approved For Releasei2'Goe 4m*mA' iDpeO$9ddi46R0 00 '1 9d&s9red is totally disabled on the day before his sixty-fifth birthday and premiums on Approved For Releas j200a~loljp4iigI PRP?ZLBt f4, Qt gB 1 a0&-Rv1CEs his modified life insurance policy are being waived under section 712 of this title or he is entitled on that date to waiver under such section he shall be automatically granted the maximum amount of'insurance authorized under this subsection and premiums on such insurance shall be waived during the continuous total disability of the insured. ? 705. Renewal All level premium term policies, except as otherwise provided in this section, shall cease and terminate at the expiration of the term period. At the expiration of any term period any five-year level premium term policy which has not been exchanged or converted to a'permanent plan o'. insurance and which is not lapsed shall be re- newed as level preriium term insurance without application for a successive five-year period at the premium rate for the attained age without medical examination. However, renewal will be effected in cases where the policy is lapsed only if the lapse occurred not earlier than two months be:ore the expiration of the term period, and rein- statement in such cases shall be under the terms and conditions pre- scribed by the Administrator. In any case in which the insured is shown by evidence satisfactory to the Administrator to be totally disabled at the expiration of the level premium term period of his insurance under corditions which would entitle him to continued insurance protection but for such expiration, his insurance, if subject torenewal under this section, shall be automatically renewed for an additional period of five years at the premium rate for the then at- tained age, unless the insured has elected insurance on some other available plan. ? 706. Policy provisions provisions for cast., loan, paid-up, and extended values, dividends from gains and savings, refund of unearned premiums, and such ogler provisions as may be found to be reasonable and practicable may be provided for in the policy of insurance from time to time by regulations promulgated by the Administrator. ? 707. Dividends to pay premiums Until and unless the Veterans' Administration has received from the insured a request in writing for payment in cash, any dividend accumulations and unpaid dividends shall be applied in payment of premiums becoming due on insurance subsequent to the date the dividend is payable after January 1, 1952. ? 708. Premium payments The Administratoi shall, by regulations, prescribe the time and method of payment of the premiums on insurance, but payments of premiums in advance shall not be required for periods of more than one month each, and may at the election of the insured be deducted from his active-service pay or be otherwise made An amountequal to the first premium due under a National Service Life Insurance policy may be advenced from current appropriations for active- service pay to any person in the active service in the Army, Navy, Air Force, Marine Corps, or Coast Guard, which amount shall con- stitute a lien upon any service or other pay accruing to the person for; whom such advance was made and shall be collected therefrom Approved For Relea se9s0 lelf/ my l~ i0ft77 edW6RN n6O 1@00 er shallAbe by of such ad. ny amount so advanced in excess of available service or other pay shall constitute a lien on the policy within the provisions of section 3101(b) of this title. ? 709. Effective date of insurance Insurance may be made effective, as specified in the application, not later than the first day of the calendar month following the date of application therefor, but the United States shall not be liable thereunder for death occurring before such effective date. ? 710. Incontestability Subject to the provisions of section 711 of this title all contracts or policies of insurance heretofore or hereafter issued, reinstated, or con- verted shall be incontestable from the date of issue, reinstatement, or conversion except for fraud, nonpayment of premium, or on the ground that the applicant was not a member of the military or naval forces of the United States. However, in any case in which a contract or policy of insurance is canceled or voided after March 16, 1954, because of fraud, the Administrator shall refund to the insured, if living, or if deceased, to the person designated as beneficiary (or if none survives, to the estate of the insured) all money, without interest, paid as premiums on such contract or policy for any period subsequent to two years after the date such fraud induced the Veterans' Admin- istration to issue, reinstate, or convert such insurance less any divi- dends, loan, or other payment made to the insured under such contract or policy. ? 711. Forfeiture Any person guilty of mutiny, treason, spying, or desertion, or who, because of conscientious objections, refuses to perform service in the Armed Forces of the United States or refuses to wear the uniform of such force, shall forfeit all rights to National Service Life Insurance. No insurance shall be payable for death inflicted as a lawful punish- ment for crime or for military or naval offense, except when inflicted by an enemy of the United States; but the cash surrender value, if any, of such insurance on the date of such death shall be paid to the designated beneficiary, if living, or otherwise to the beneficiary or beneficiaries within the permitted class in accordance with the order specified in section 716 (b) of this title. ? 712. Total disability waiver (a) Upon application by the insured and under such regulations as the Administrator may promulgate, payment of premiums on insurance may be waived during the continuous total disability of the insured, which continues or has continued for six or more consecutive months, if such disability bean (1) after the date of his application for insurance, (2) while the insurance was in force under premium- paying conditions, and (3) before the insured's sixty-fifth birthday. Notwithstanding any other provision of this chapter, in any case in which the total disability of the insured commenced on or after his sixtieth birthday but before his sixty-fifth birthday, the Adminis- trator shall not grant waiver of any premium becoming due prior to January 1, 1965. (b) The Administrator, upon any application made after August 1, "1 r~ iv~r ~f~p,~~grgg~ y p pan Approved Fin'e` ai Pei'[i4Aft4ipC1~'t7it?1~dt~i'dt PA I tSf K i ca- Approved For Release 2003/1'j404 :(fRhR lYIR 1N~f41YCl#l[vCPl 3 tltr 1Y3NJ `Z3T71Ft21MED ,5Exv>cEs tion for the same, except as provided in this section. Any premiums paid for months during which waiver is effective shall be refunded. The Administrator shall provide by regulations for examination or reexaminat.on of an insured claiming benefits under this section, and may deny benefits for failure to cooperate. If it is found that an insured is no longer totally disabled, the waiver of premiums shall cease as of the date of such finding and the policy of insurance may be continued by payment of permiums as provided in said policy. In any case in which the Administrator finds that the insured's failure to make timely application for waiver of premiums or his failure to submit satisfactory evidence of the existence or continuance of total disability was due to circumstances beyond his control, the Adminis- trator may grant waiver or continuance of waiver of premiums. (c) If the insured dies without filing application for waiver, the beneficiary, within one year after the death of the insured, or, if the beneficiary is insane or a minor, within one year after removal of such legal disability, may file application for waiver with evidence of the insured's right to waiver under this section. ! Premiums rates shall be cal-ulated without charge for the cost of waiver of premiums provided ir. this section and no deduction from benefits otherwise payable shell be made on account thereof. (d) In any case in which an insured has been denied or would have been Jellied premium waiver under section 602(n) of the Na- tional Service Life Insurance Act of 1940 or this section solely because he became totally disabled between the date of valid, application for insurance and the subsequent effective date thereof, and in which it is shown that (1) the total disability was incurred in line of duty between October 8, 1940, and July 31, 1946, inclusive, or June 27, 1950, and April 30, 1951, inclusive, and (2) the insured remained continuously so totally disabled to the date of death or the date of enactment of this subsection, whichever is earlier, the Administrator may grant'vaiver of premiums from the beginning of and during the continuous total disability of such insured. Application for waiver of premiums under this subsection must be filed by the insured or, in the event of his death, by the beneficiary within two years after the date of enactment of this subsection, except that if the insured or the beneficiary be insane or a minor within the two-year period, application for such waiver may be filed within twoyears after re- moval of such legal disability, or if an insane insured shall die be- fore the removal of the disability, application may be filed by the beneficiary within two years after the insured's death No insurance shall be placed in force under this subsection in any case in which there was an award of benefits under the Servicemen's Indemnity Act of 1951 or of gratuitous insurance under section 722(b) of this title. The amours; of insurance placed in force hereunder together with any other United States Government life insurance or national service life insurance in force at the time of death, or at the time of the in- sured's application for waiver hereunder, may not exceed $10,000 and shall be red-iced by the amount of any gratuitous insurance awarded under the National Service Life Insurance Act of 1990. Waiver of premiums under this subsection shall render the insurance nonpar- ticipating during the period such premium waiver is in effect. The o f i e ' id as a result of this Approved For Release 2003/5e X611A `~ Q GROUP LIFE INSURANCE FOR THE UNIFORMED SERVICES 25 Approved Fo%f7e~pa1%3eJoie?slx months4Pota1 disati~6R000500210005-9 Whenever premiums are not waived under section 712 of this title solely because the insured died prior to the continuance of total disability for six months, and proof of such facts, satisfactory to the Administrator, is filed by the beneficiary with the Veterans' Admin- istration within one year after the insured's death, his insurance shall be deemed to be in force at the date of his death, and the unpaid premiums shall become a lien against the proceeds of his insurance. f the beneficiary is insane or a minor, proof of such facts may be filed within one year after removal of such legal disability. ? 714. Statutory total disabilities Without prejudice to any other cause of disability, the permanent loss of the use of both feet, of both hands, or of both eyes, or of one foot and one hand, or of one foot and one eye, or of one hand and one eye, or the total loss of hearing of both ears, or the organic loss of speech, shall be deemed total disability for insurance purposes. ? 715. Total disability income provision The Administrator shall, except as hereinafter provided, upon application by the insured and proof of good health satisfactory to the Administrator and payment of such extra premium as the Admin- istrator shall prescribe, include in any National Service Life Insur- ance policy on the life of the insured (except a policy issued under section 620 of the National Service Life Insurance Act of 1940, or sec- tion 722 of this title) provisions whereby an insured who is shown to have become totally disabled for a period of six consecutive months or more commencing after the date of such application and before attaining the an of sixty-five and while the payment of any premium is not in default, shall be paid monthly disability benefits from the first day of the seventh consecutive month of and during the continu- ance offsuch total disability of $10 for each $1,000 of such insurance in effect when such benefits become payable. The total disability provision authorized under this section shall not be issued unless ap- plication therefor is made either prior to the insured's fifty-fifth birthday, or before the insured's sixtieth birthday and prior to Janu- ary 1, 1966. The total disability provision authorized under this section shall not be added to a policy containing the total disability coverage heretofore issued under section 602(v) of the National Serv- ice Life Insurance Act of 1940, or the provisions of this section as in effect before January 1, 1965, except upon surrender of such total disability coverage, proof of good health, if required, satisfactory to the Administrator, and payment of such extra premium as the Admin- istrator shall determine is required in such cases. Participating poli- cies containing additional provisions for the payment of disability benefits may be separately classified for the purpose of dividend dis- tribution from otherwise similar policies not containing such benefits. ? 716. Insurance which matured before August 1, 1946 (a) Insurance which matured before August 1, 1946, is payable in the following manner: thirty years of ageeatthe time of pmaturity, ayment is inst oahu hundred was under forty equal monthly installments. H. eel,seopb8t11 4 : CIA-RDP67B00446R000500210005-9 Approved For Releaase ZU 26 GROUP LIFE INSURANCE FOR THE UNIFORMED SERVICES Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 (2) If the beneficiary to whom payment is first made was thirty or mor'3 years of age at the time of maturity, in equal monthly installments for one hundred and twenty months certain, with such payments continuing during the remaining lifetime of such bond&c'ary. (3) ]f elected by the insured or a beneficiary entitled to make such a x election under prior provisions of law, as a refund life income in monthly installments payable for such period certain as may be required in order that the sum of the installments cer- tain, including a last installment of such reduced amount as may be nee 3ssary, shall equal the face value of the contract, less any indebtidness, with such payments continuing throughout the life- time of the first beneficiary. A refund life income optional settle- ment is not available in any case in which such settlement would result n payments of installments over a shorter period than one hundred and twenty months. If the mode of payment is changed to a refund life income in accordance with prior provisions saof install- law, after pa yment has commenced, payment ments will be adjusted as of the date of maturity of such policy with credit being allowed for payments previougly made on the insurance. (b) Such insurance shall be payable only to a widow, widower, chI'ld, parent, brother or sister of the insured. Any installments cor- tain of such insurance remaining unpaid at the death of any beneficiary shall be paid in equal monthly installments in an amount equal to the monthly installments paid to the first beneficiary, to the person or persons then in being within the following classes, and in the order named, unless designated by the insured in a different order: (1) To the widow or widower of the insured, if living. (2) If no widow or widower, to the child or children of the insured, if living, in equal shares. (3) If no widow, widower, or child, to the parent or parents of th< insured who last bore that relationship, if living, in equal share;,. (4) If no widow, widower, child, or parent, to the brothers and sisters of the insured, if living, in equal shares. (c) The provisions of this section shall not be construed to enlarge the classes of beneficiaries heretofore authorized under section 602 (d) of the National Service Life Insurance Act of 1940, for payment of gratnitins insurance. (d) If r o beneficiary of insurance which matured' before August. 1, 1946, was designated by the insured or if the designated beneficiary did not survive the insured, the beneficiary shall be determined in accordance 'with the order specified in subsection (1:i) and the insur- ance shall be payable in equal monthly installments in accordance with subsection (a). The right of any beneficiary to payment of any installments of such insurance shall be conditioned upon his or her being alive to receive such payments. No person shall have & vested right to any installment or installments of any such insurance and any installinents not paid to a beneficiary during such beneficiary's lifetime Ehall be paid to the beneficiary or beneficiaries within the permitted claw: next entitled to priority, as provided in subsection (b). (e) No installments of insurance which Inatured before August 1, 1946, shall bo aid to the heirs or legal representatives as such of the Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For R%k eI23114g{ lioC,i4ADR,7[ #6%WgP N005 insured or of any beneficiary, and if no person within the permitted class survives to receive the insurance or any part thereof no payment of the unpaid installments shall be made, except that if the reserve of a contract of converted National Service Life Insurance, together with dividends accumulated thereon, less any indebtedness under such contract, exceeds the aggregate amount paid to beneficiaries, the excess shall be paid to the estate of the insured unless the estate of the insured would escheat under the laws of his place of residence; in which event no payment shall be made. When the amount of an individual monthly payment of such insurance is less than $5, such amount ma , in the discretion of the Administrator, be allowed to accumulate with- out interest and be disbursed annually. (f) Any payments of insurance made to a person, represented by the insured to be within the permitted class of beneficiaries, shall be deemed to have been properly made and to satisfy fully the obligation of the United States under such insurance policy to the extent of such payments. ? 717. Insurance maturing on or after August 1, 1946 (a) The insured shall have the right to designate the beneficiary or beneficiaries of insurance maturing on or after August 1, 1946, and shall, subject to regulations, at all times have the right to change the beneficiary or beneficiaries of such insurance without the consent of such beneficiary or beneficiaries. (b) Insurance maturing on or after August 1, 1946, shall be pay- able in accordance with the following optional modes of settlement: (1) In one sum. (2) In equal monthly installments of from thirty-six to two hundred and forty in number, in multiples of twelve. (3) In equal monthly installments for one hundred and twenty months certain with such payments continuing during the re- maining lifetime of the first beneficiary. (4) As a refund life income in 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 contract, less any indebtedness, with such payments continu- ing throughout the lifetime of the first beneficiary; however, such optional settlement shall not be available in any case in which such settlement would result in payments of installments over a shorter period than one hundred and twenty months. (c) Unless the insured elects some other mode of settlement, such insurance shall be payable to the designated beneficiary or beneficiaries in thirty-six equal monthly installments, The first beneficiary may elect to receive payment under any option which provides for pay- ment over a longer period of time than the option elected by the in- aured, or if no option has been elected by the insured, in excess of thirty-six months. If the option selected requires payment to anyone beneficiary of monthly installments of less than $10, the amount pay- able to such beneficiary shall be paid in such maximum number of monthly installments as are a multiple of twelve as will provide a monthly installment of not less than $10. If the present value of the amount pa able at the time any person initially becomes entitled to payment thereof is not sufficient to pay at least twelve monthly in- stallments of not less than $10 each, such amount shall be payable Approved For Release 200311 1:A4: SERVICES in one sum. Options (3) and (4) shall not be available if any firm, corporation, legal entity (including the estate of the insured), or trustee is beneficiary, or in any case in which an endowment contract matures by reason of the completion of the endowment period. (d) If thE: beneficiary of such insurance is entitled to a lump-sum settlement but elects some other mode of settlement and dies before receiving al',. the benefits due and payable under such mode of settle- ment, the -)resent value of the remaining unpaid amount shall be payable to the estate of the beneficiary. If no beneficiary is desig- nated by the insured, or if the designated beneficiary does not survive the insured or if a designated beneficiary not entitled to a lump-sum settlement survives the insured, and dies before receiving all the benefits du'a and payable, then the commuted value of the remaining unpaid insurance (whether accrued or not) shall be paid in one sum to the estate of the insured. In no event shall there be any payment to the estate of the insured or of the beneficiary of any sums unless it is shown that any sums paid will not escheat. ?718. Assignments (a) Assignments of all or any part of the beneficiary's interest may be made by a designated beneficiary to a widow, widower, child, father,. mother, grandfather, grandmother, brother, or sister of the insured, when the designated contingent beneficiary, if any, oins the bone- ficiary in the assignment, and if the assignment is delivered to the Veterans' Administration before any payments of the insurance shall have been made to the beneficiary. However, an interest in an annuity, when assi?ned, shall be payable in equal monthly installments in such multiple of twelve as most nearly equals the number of installments certain under such annuity, or in two hundred and forty installments, whichever is the lesser. The provisions of this subsection shall not be applicable to insurance maturing on or after the date of enactment of this sentence. (b) Except as to insurance granted under the provisions of section 722(b) o this title, any person to whom insurance maturing on or after the date of enactment of this sentence is payable may assign all or any portion of his interest in such insurance to a 'widow, widower, child, father, mother, grandfather, grandmother,: brother, or sister of the imaured when the designated contingent beneficiary, if any, joins the beneficiary in the assignment. Such joinder shall not be required in any case in which the insurance proceeds are payable in a lump sum. ? 719. National Service Life Insurance appropriation (a) The National Service Life Insurance appropriation is contin- ued and there is authorized to be appro riated, oust of any money in the Treasury not otherwise appropriated, such sums as may be neces- sary to parry out the provisions of this chapter and the provisions here- tofore prescribed in the National Service Life Insurance Act of 1940, or related Acts, for the payment of liabilities under National Service Life Insurance. Payment from this appropriation shall be made upon and in accordance with awards by the Administrator. (b) .1D. premiums heretofore and hereafter paid on insurance issued or reinstated under subsections 602(c)(2) and 602(v)(1) of the National Service Life Insurance Act of 1940 where the requirement of good health was waived under such subsections because of a service- incurred injury or disability shall be credited directly to the National Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Rele j2GQA14$ft fFP??M004AffiQ 5 QQQ5-929 Service Life Insurance appropriation and any payments of benefits heretofore and hereafter made on such insurance shall be made directly from such appropriation. ? 720. National Service Life Insurance Fund (a) The National Service Life Insurance Fund heretofore created in the Treasury is continued as a permanent trust fund. Except as otherwise provided in this chapter, all premiums paid on account of National Service Life Insurance shall be deposited and covered into the Treasury to the credit of such fund, which, together with interest earned thereon, shall be available for the payment of liabilities under such insurance, including payment of dividends and refunds of un- earned premiums. Payments from this fund shall be made upon and in accordance with awards by the Administrator. (b) The Administrator is authorized to set aside out of such fund such reserve amounts as may be required under accepted actuarial principles to meet all liabilities under such insurance; and the Secre- tary of the Treasury is authorized to invest and reinvest such fund, or any part thereof, in interest-bearing obligations of the United States or in obligations guaranteed as to principal and interest by the United States, and to sell such obligations for the purposes of such fund. ? 721. Extra hazard costs (a) The United States shall bear the excess mortality cost and the cost of waiver of premiums on account of total disability traceable to the extra hazard of military or naval service, as such hazard may be determined by the Administrator. (b) Whenever benefits under insurance become payable because of the death of the insured as the result of disease or injury traceable to the extra hazard of military or naval service, as such hazard may be determined by the Administrator, the liability for payment of such benefits shall be borne by the United States in an amount which, when added to the reserve of the policy at the time of death of the insured will equal the then value of such benefits under such policy. Where life contingencies are involved in the calculation of the value of such benefits of insurance heretofore or hereafter matured, the cal- culation of such liability or liabilities shall be based upon such mortal- ity table or tables as the Administrator may prescribe with interest at the rate of 3 per centum per annum. The Administrator shall transfer from time to time from the National Service Life Insurance appropriation to the National Service Life Insurance Fund such sums as may be necessary to carry out the provisions of this section. (c) Whenever the premiums under insurance are waived because of the total disability of the insured as the result of disease or injury traceable to the extra hazard of military or naval service, as such hazard may be determined by the Administrator, the premiums so waived shall be paid by the United States and the Administrator shall transfer from time to time an amount equal to the amount of such premiums from the National Service Life Insurance appropriation to the National Service Life Insurance Fund. (d) Whenever benefits under the total disability income provision become, or have become, payable because of total disability of the insured as a result of disease or injury traceable to the extra hazard of the military or naval service, as such hazard may be determined by the Administrator, the liability shall be borne by the United States, and the Administrator shall transfer from the National Service Life Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/tV04 b RL~R6~0AA51 1l MED SERVICES Insurance appropriation to the National Service Life Insurance Find from time to time any amounts which become or have become, payable to the insurec. on account of such total disability, and to: transfer from the National Service Life Insurance Fund to the National Service Life Insurance appropriation the amount of the reserve held on ac- count of the total disability benefit. When a person receiving such payments on account of total disability recovers from such disability, and is then entitled to continue protection under the total disability income provision, the Administrator shall transfer to the National Service Life Insurance Fund a sum sufficient to set up the then re- quired reserve on such total disability benefit. (e) A.n disability for which a waiver was required as a condition to- tenderingya person a commission under Public Law' 816, Seventy- seventh Congress, shall be deemed to be a disability resulting from an injury or disease traceable to the extra hazard of military or naval service for the purpose of applying this section. 722. Service disabled veterans' insurance (a) Any person who is released from active military, naval, or air service, under other than dishonorable conditions on or after April 25, 1951, ar.d is found by the Administrator to be suffering from a disability or disabilities for which compensation would be payable if 10 per centum or more in degree and except for which such person would be insurable according to the standards of good health estab- lished by tl.e Administrator, shall, upon application in writing made within one year from the date service-connection of such disability is determined by the Veterans' Administration and payment of pre- miums as provided in this subchapter, be granted insurance by the United Staves against the death of such person occurring while such insurance is in force. If such a person is shown by evidence satis- factory to the Administrator to have been mentally incompetent dur- ing any pa,t of the one-year period, application for insurance under this section may be filed within one year after a guardian is appointed or within one year after the removal of such disability as determined by the Administrator, whichever is the earlier date. If the guardian was appoi ited or the removal of the disability occurred before January 1, 1959, application for insurance under this section may be made wrthn one year after that date. Insurance granted under this section shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance except (1) the premium rates for such insurance shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2;; per centum per annum; (2) all cash, loan, paid-up, and extended values shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2;a per centum per annum; (3) all settlements on policies involv- ing annuities shall be calculated on the basis of The Annuity Table for 1949, and interest at the rate of 23; per centum per annum; (4) insurance granted under this section shalt be on a nonparticipating basis and all premiums and other collections therefor shall be credited directly t a revolving fund in the Treasury of the United States, and any r ayments on such insurance shall be made directly from such fund. Alipropriations to such fundare hereby authorized. As to insurance issued under this section, waiver of premiums pursuant to section 602(n) of the National Service Life Insurance Act of 1940 CROUP LIFE INSURANCE FOR THE UNIFORMED SERVICES 31 Approved For Release 2003/f1 104 ; PIA-IspP67B00446R000500210005-9 an section 12 o t is tit e s a not be denied on the ground that the service-connected disability became total before the effective date of such insurance. (b)(1) Any person who, on or after April 25, 1951, was other- wise qualified for insurance under the provisions of section 620 of the National Service Life Insurance Act of 1940, or under subsection (a) of this section, but who did not apply for such insurance and who is shown by evidence satisfactory to the Administrator (A) 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 the service connection of a dis- ability is first determined by the Veterans' Administration, or (iii) after release from active service but is not rated service-connected disabled by the Veterans' Administration until after death; and (B) to have remained continuously so mentally incompetent until date of death; and (C) to have died before the appointment of a guardian, or within one year after the appointment of a guardian- 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 United States Government or National Service fife insurance in force, shall aggregate $10,000. 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 dis- ability, shall be the date of release from active service or the date the person became mentally incompetent, whichever is the later. (2) Payments of insurance granted under subsection (b)(1) of this section shall be made only to the following beneficiaries and in the order named- (A) to the widow or widower of the insured, if living and while unremarried; (B) if no widow or widower entitled thereto, to the child or children of the insured, if living, in equal shares; (C) if no widow or widower or child entitled thereto, to the parent or parents of the insured who last bore that relationship, if living, in equal shares. (3) No application for insurance payments under this subsection shall be valid unless filed in the Veterans' Administration within two years after the date of death of the insured or before January 1, 1961, whichever is the later, and the relationship of the applicant shall be proved as of the date of death of the insured by evidence satisfactory to the Administrator. Persons shown by evidence satisfactory to the Administrator to have been mentally or legally incompetent at the time the right to apply for death benefits expires, may make such application at any time within one year after the removal of such disability. (4) Notwithstanding the provisions of section 717 of this title, insurance under this subsection shall be payable at the election of the first beneficiary in 240 equal monthly installments or under the options specified in section 717(b) (3) or (4) of this title. Any installments certain of insurance remaining unpaid at the death of any beneficiary shall be paid in equal monthly installments in an amount equal to the monthly installments paid to the first beneficiary, to the person or persons then in being within the classes specified in subsection (b)(2) of this section and in the order named. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 32 GRO UP LIFE INSURANCE FOR THE UNIFORMED SERVICES! Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 (5) The right of any beneficiary to payment of any installments shall be ccnditioned upon his or her being alive to receive such pay- ments. No person shall have a vested right to any installment or installments of any such insurance and any installments not paid. to a beneficisrry during such beneficiary's lifetime shall be paid to the beneficiary or beneficiaries within the permitted class next entitled to priority, as provided in subsection (b)(2) of this section. No installments of such insurance shall be paid to the heirs or legal repre- sentatives as such of the insured or of any beneficiary, and if no person within the permitted class survives to receive the insurance or any part thereof no payment of the unpaid installments shall be made. ? 723. Veterans' special term insurance (a) Insurance heretofore granted tinder the provisions of section 621 of the National Service Life Insurance Act of 1'940, against the death of the policyholder occurring while such insurance is in force, is subject to the same terms and conditions as are contained in stand- aid policies of National Service Life Insurance on the five-year level premium term plan except (1) such insurance may not be exchanged for or converted to insurance on any other plan; (2) the premium rates for such insurance shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2); per ceatunu per annum; (3) all settlements on policies involving annuities shall be calculated on the basis of The Annuity Table for 1949, and interest at the rate of 2% per centum per annum; (4) such insurance and any total disability provision added thereto shall be on a nonparticipating basis and all premiums and other collections there- for shall be credited to a revolving fund in the Treasury of the United States and the payments on such term insurance and any total dis- ability provision added thereto shall be made directly' from such fund. Appropru.tions to such fund are hereby authorized. (b) Any term insurance heretofore issued under section 621 of the National Service Life Insurance Act of 1940, may be converted to a permanent plan of insurance or exchanged for a policy of limited con- vertible five-year level premium term insurance issued under this sub- section. Insurance issued under this subsection shall be issued upon the same berms and conditions as are contained in the standard policies of National Service Life Insurance except (1) after September 1, 1960, limited convertible term insurance may not be issued or renewed on the term plan after the insured's fiftieth birthday; (2) the premium rates for such limited convertible term or permanent plan insurance shall be based on table X-18 (1950-54 Intercompany tepTable of Mor- tality) and interest at the rate of 2% per m per ; (3) an settlements on policies involving annuities on insurance issued under this subs action shall be calculated on the basis of The Annuity Table for 1949, and interest at the rate of 23 per contum per annum; (4) all cash, loan, paid-up, and extended values, and, except. as otherwise pro- vided in this subsection, all other calculations in connection with insur- ance issued under this subsection shall be based on table X-18 (1950-54 Intercompany Table of Mortality) and interest at the rate of 23 per centum jer annum; (5) insurance and any total disability provision added thereto issued under this subsection shall be on a nonparticipat- ing basis and all premiums and other collections therefor shall be credited directly to the revolving fund referred to in subsection (a) Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Rel i2MlfNQ4iuGbt-Rd3PORBODMFM005 JO2't00t5-933 and payments on such insurance and any total disability provision added thereto shall be made directly from such fund. (c) The Administrator is authorized to invest in, and the Secretary of the Treasury is authorized to sell and retire, special interest-bearing obligations of the United States for the account of the revolving fund with a maturity date as may be agreed upon by the Administrator and Secretary. The rate of interest on such obligations shall be fixed by the Secretary of the Treasury at a rate equal to the rate of interest, computed as of the end of the month preceding the date of issue of such obligations, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt that are not due or callable until after the expiration of five years from the date of original issue; except that where such average rate is not a multiple of one-eighth of 1 per centum, the rate of interest of such obligations shall be the multiple of one-eighth of 1 per centum nearest such average rate. (d) The Administrator shall determine the amount in the revolv- ing fund referred to in subsection (a) of this section which is in excess of the actuarial liabilities of such fund including contingency reserves. Such excess shall be paid in cash as a special dividend, without interest, subject to the conditions provided in this subsection. The Administrator shall determine the administrative cost to the Veterans' Administration of paying such dividend, which cost shall be deducted from the excess and transferred to the appropriations "General operating expenses-Veterans' Administration". Insur- ance issued under section 621 of the National Service Life Insurance Act of 1940 or converted or exchanged tinder subsection (b) of this section, which was in force by waiver or timely payment of premiums or as paid-up or extended term insurance during one of the premium months beginning with the month of November 1960 and ending with the month of January 1961, may be eligible for the special dividend, subject to such conditions, other than specified in this subsection, as the Administrator shall determine to be reasonable and practicable. The dividend shall be paid as soon as practicable after whichever of the following dates is the latest: (1) the date of enactment of this subsection in case of insur- ance heretofore converted or exchanged under subsection (b) of this section; (2) the date insurance issued under section 621 is converted or exchanged under subsection (b) of this section if such con- version or exchange is made within two years after the date of enactment of this subsection; or (3) the date of death of the policyholder where insurance issued under section 621 is not converted or exchanged and such death occurs on or after the premium due date in November 1960 and before the expiration of two years after the date of enactment of this subsection. (e) After March 1, 1961, the Administrator shall from time to time transfer from the revolving fund referred to in subsection (a) of this section to general fund receipts in the Treasury such amounts as he determines are in excess of the actuarial liabilities of the fund including contingency reserves. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release 2003/1 1IQ4 : &6lQQI7PAMtR0#RA0P%rr&MEn sEftvicES ? 724. In-oervice waiver of premiums (a) Waiver of all premiums on five-year level premium term insur- ance and that portion of any permanent insurance premiums repre- senting the cost of the pure insurance risk, as determined by the Administrator, granted on National Service Life Insurance or United States Government life insurance under section 622 of the National Service Life Insurance Act of 1940 and in effect on January 1, 1959, shall, unless canceled, continue in effect according to the provisions of such section for the remainder of the insured's continuous active service and for one hundred and twenty days thereafter. Such pre- mium waiver renders the contract of insurance nonparticipating during the period the waiver is in effect. (b) Whenever benefits become payable because of the maturity of such insurance while under the premium waiver continued by this section, liability for payment of such benefits shall be borne by the United States in an amount which, when added to any reserve of the policy at the time of maturity, will equal the e-then value of such benefits under such policy. Where life contingencies are involved in the calculation of the value of such benefits, the calculation of such liability or liabilities shall be based upon such mortality table or tables as the Administrator mayproscribe with interest at the rate of 2;4 per centum per annum as to insurance issued under sections 620 and 621 of the National Service Life Insurance Act of 1940, at the rate of 3 per centum per annum as to other National Service Life Insurance, and 3)z per centum per annum as to United States Gov- ernment life insurance. The Administrator shall transfer from time to time frcm the National Service Life Insurance appropriation to the National Service Life Insurance Fund and from the military and naval insurance appropriation to the United States Government Life Insurance Jund such sums as may be necessary to carry out the provisions of this section. ? 725. Limited period for acquiring insurance (a) Any person (other than a person referred to in. subsection (f) of this sect on) heretofore eligible to apply for National Service Life Insurance after October 7, 1940, and before January 1, 1957, who is found by the Administrator to be suffering (1) from a service- connected disability or disabilities for which compensation would be payable if 10 per centum or more in degree and except for which such person would be insurable according to the standards of good health established by the Administrator; or (2) from a non-service-connected disability which renders such person uninsurable according to the standards of good health established by the Administrator and such person establishes to the satisfaction of the Administrator that he is unable to obtain commercial life insurance at a substandard rate, shall, upon application in writing made within one year after the effective date of this section, compliance with the health requirements of this section and payment of the required premiums, be granted insurance under this section. (b) If, not withstanding the applicant's service-connected disability, he is insurable according to the standards of good health established by the Ado inistrator, the insurance granted under this section shall be issued upon the same terms an co } t' i as are contained in Approved For Release 2003/1119d44a:nQLAfFPR4~$?Q481~ Q l+ b insurance except (1) five-year level premium term insurance may not be issued; (2) the net Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 GROUP LIFE INSURANCE FOR THE UNIFORMED SERVICES 35 premium rates shall be based on the 1958 Commissioners Standard Ordinary Basic Mortality Table, increased at the time of issue by such an amount as the Administrator determines to be necessary for sound actuarial operations, and thereafter such premiums may be adjusted as the Administrator determines to be so necessary but at intervals of not less than two years; (3) an additional premium to cover administrative costs to the Government as determined by the Administrator at times of issue shall be charged for insurance issued under this subsection and for any total disability income provision attached thereto, and thereafter such costs may be adjusted as the Administrator determines to be necessary but at intervals of not less than five years; (4) all cash, loan, extended and paid-up insurance values shall be based on the 1958 Commissioners Standard Ordinary Basic Mortality Table; (5) all settlements on policies involving annui- ties shall be calculated on the basis of The Annuity Table for 1949; (6) all calculations in connection with insurance issued under this subsection shall be based on interest at the rate of 3% per centum per annum; (7) the insurance shall include such other changes in terms and conditions as the Administrator determines to be reasonable and practicable; (8) the insurance and any total disability income provision attached thereto shall be on a nonparticipating basis and all premiums and other collections therefor shall be credited to a revolving fund established in the Treasury of the United States and the payments on such insurance and total disability income provision shall be made directly from such fund. (c) If the applicant's service-connected disability or disabilities render him uninsurable according to the standards of good health established by the Administrator, or if the applicant has a non- service-connected disability which renders him uninsurable according to the standards of good health established by the Administrator and such person establishes to the satisfaction of the Administrator that he is unable to obtain commercial life insurance at a substandard rate and such uninsurability existed as of the date of approval of this section, the insurance granted under this section shall be issued upon the same terms and conditions as are contained in standard policies of National Service Life Insurance, except (1) five-year level premium term in- surance may not be issued; (2) the premiums charged for the insurance issued under this subsection shall be increased at the time of issue by such an amount as the Administrator determines to be necessary for sound actuarial operations and thereafter such premiums may be adjusted from time to time as the Administrator determines to be necessary; for the purpose of any increase at time of issue or later adjustment the service-connected group and the non-service-connected group may be separately classified; (3) an additional premium to cover administrative costs to the Government as determined by the Administrator at the time of issue shall be charged for insurance issued under this subsection and for any total disability income provision attached thereto (for which the insured may subsequently become eli- gible) and thereafter such costs may be adjusted as the Administrator determines to be necessary but at intervals of not less than five years and for this purpose the service-connected and non-service-connected can be separately classified; (4) the insurance and any total disability income provision attached thereto shall be on a nonparticipating basis; (5) all settlements on policies involving annuities shall be calculated Approved Fo492 }@ '~d1 3~ /d~#'P A-F @J ~ ~b~ 1 ~)0 09 ~1Elb~S? in Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 I 1 36 GROUP :1IFE INSURANCE FOR THE UNIFORMED SERVICES connection wi';h insurance issued under this subsection shall be based on interest at the rate of 3'%s per centum per annum (7) the insurance shall include sach other changes in terms and conditions as the Admin- istrator deterrines to be reasonable and practicable; (8) all permiums and other collections on the insuranca and any total disability income provision attached thereto shall be credited to the National Service Life Insuranc: appropriation, and the payments on such insurance and total disability Income provision shall be made directly from such appropriation. Appropriations necessary to carry out the provisions of this subsection are hereby authorized. (d)(1) There is authorized to be appropriated -such sums as may be required t3 provide capital for the revolving fund tot carry out the purpose of subsection (b) of this section. Such appropriations shall be advanced to the revolving fund as needed and shall bear interest as determined by the Secretary of the Treasury, taking into considera- tion the ave;rage yield on all marketable interest-bearing obligations of the United States of comparable maturities then forpaing a part of the public debt and shall be repaid to the Treasury over a reasonable period of time. (2) The Administrator is authorized to set aside out of the. revolv- ing fund established under subsection (b) of this section such reserve amounts as may be required under accepted actuarial, principles to meet all liabilities on insurance issued under subsection; (b) of this see- tion and any total disability income provision attached thereto. The Secretary of the Treasury is authorized to invest in and to sell and re- tire special interest-bearing obligations of the United States for the ac- count of the revolving fund. Such obligations issued for this purpose shall have maturities fixed with due regard for the needs of the fund and shall b3ar interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple 3f one-eighth of 1 per centum, the rate of interest of such obligation shall he the multiple of one-eighth of 1 per centum nearest such market yield. (3) Notwithstanding the provisions of section 782 of this title, the Administre for shall, from time to time, determine the administrative costs to tho Government which in his judgment are properly, allocable to insurance issued under this section and any total disability income provision s ttached thereto, and shall transfer from the revolving fund, or the National Service Life Insurance appropriation, as appropriate, the amount of such cost allocable to the Veterans' Administration. to the appropriation "General Operating Expenses, Veterans' Adminis- tration," and the remainder of such cost to the general fund receipts in the Treas iry. The initial administrative costs of issuing insurance under thie section and any total disability income provision attached thereto shall be so transferred over such period of trine as the Admin- istrator determines to be reasonable and practicable. (e) Notwithstanding the provisions of section 782 of this title, a medical examination (including any supplemental examination or tests) when required of an applicant for issuance of insurance under Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 this section or any total disability income provisions attached thereto shall be at the applicant's own expense by a duly licensed physician. (f) No insurance shall be granted under this section to any person referred to in section 107 of this title or to any person while on active duty or active duty for training under a call or order to such duty for a period of thirty-one days or more. Subchapter IT-United States Government Life Insurance ? 740. Definition For the purposes of this subchapter, the term "insurance" means United States Government life insurance. ? 741. Amount of insurance United States Government life insurance shall be issued against death or total permanent disability in any multiple of $500 and not less than $1,000 or more than $10,000, No person may carry a com- bined amount of National Service Life Insurance and United States Government life insurance in excess of $10,000 at any one time. ? 742. Plans of insurance (a) Regulations shall provide for the right to convert insurance on the five-year level premium term plan into ordinary life, twenty-pay- ment life, endowment maturing at age sixty-two, and into other usual forms of insurance as may be prescribed by the Administrator. Pro- vision shall be made for reconversion of any such policies to a higher premium rate or, upon proof of good health satisfactory to the Admin- istrator, to a lower premium rate, in accordance with regulations to be issued by the Administrator. No reconversion shall be made to a five-year level premium term policy. (b) An insured who on or after his sixty-fifth birthday has a five- year level premium term policy of insurance in force by payment of premiums may exchange such policy for insurance on a special endow- ment at age ninety-six plan upon written application; payment of the required premium; and surrender of the five-year level premium term policy and any total disability provision attached thereto with all rights, title, and interests thereunder. However, if it is found by the Administrator subsequent to the exchange that prior thereto the term policy matured because of total permanent disability of the insured or that he was entitled to total disability benefits under the total disability provision attached to such policy, the insured, upon sur- render of the special endowment at age ninety-six policy and any provision for waiver of premiums issued under subsection (c) of this section with all rights, title, and interest thereunder, will be entitled to benefits payable under the prior contract. In such case, the cash value less an indebtedness on the endowment policy shall be refunded together with any premiums paid on a provision for waiver of pre- miums. Insurance on the special endowment at age ninety-six plan shall be issued at the attained age of the insured upon the same terms and conditions as are contained in standard policies of United States Government Life Insurance except: (1) the insurance shall not mature and no benefits shall be paid thereunder because of total permanent disability; (2) the premiums for such insurance shall be as prescribed by the Administrator; I pproved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 38 GROUP LIFF INSURANCE FOR THE UNIFORMED SERVICES (3) such insurance cannot be exchanged, converted, or recon- verted to an;7 other plan of insurance; (4) all cash, loan, paid-up, and extended term insurance values shall be as prescribed by the Administrator; and (5) the insurance shall be subject to such other changes in terms and conditions as the Administrator determines to be rea- sonable ane practicable. (c) The Administrator shall, upon application made by the insured at the same time as he exchanges his term policy for an endowment policy issued under the provisions of subsection (b) of this section, and upon payment of such extra premium as the Administrator shall prescribe, melide in such endowment policy a provision, for waiver of premiums cn the policy and on the provision during the total per- manent disability of the insured, if such disability began after the date of such application and while the policy and the provision are in force by ray nont of premiums. The Administrator shall not grant waiver oary premium becoming due more than one year before receipt in th,,~ Veterans' Administration of claim for the same, except as provided in this subsection.. Any premiums paid for months dur- ing which iaiver is effective shall be refunded. The Administrator shall provide by regulations for examination or reexamination of an insured claiming waiver of premiums under this subsection, and may deny waiver for failure to cooperate. If it is found that an insured is no longer totally and permanently disabled, the waiver of premiums shall cease as of the date of such finding and the policy and provision may be coatinued by payment of premiums as provided therein. In any ease in which the Administrator finds that theinsured's failure to make t'.mely claim for waiver of premiums, or his failure to submit satisfactory evidence of the existence or continuance of total per- manent disability was due to circumstances beyond. his control, the Administrator may grant waiver or continuance of waiver of pre- miums. If the insured dies without filing claim for waiver, the bene- ficiaryy, within one year after the death of the insured, or, if the beneficiery is insane or a minor, within one year after removal of such legal disability, may file claim for waiver with evidence of the insured's right to waiver under this subsection. Policies containing a provision for waiver of premiums issued under this subsection may be separately classified for the purpose of divident distribution from otherwise similar policies not containing such provision. ? 743. Premiums The premium rates for insurance shall be the net rates based upon the American Experience Table of Mortality and interest at 3'% per centum per annum. Regulations shall prescribe: the time and method of payment of premiums, but payments of premiums in advance shall not be required for periods of more than one month each, and may be &3ducted from the pay or deposit of the insured or be otherwise made at his election. ? 744. Policy provisions (a). Provisions for maturity at certain ages, for continuous install- meuts during the lifetime of the insured or beneficiaries, or both, for refund of premiums, cash, loan, paid-up and extended values, divi- dends from gains and savings, and such other provisions for the pro- tection and advantage of and for alternative benefits to the insured ar d the beneficiaries as may be found to be reasonable and practicable Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 may be provided for in insurance contracts or from time to time by regulations. (b) All calculations on insurance shall be based upon the American Experience Table of Mortality and interest at 33i per centum per annum, except that no deduction shall be made for continuous in- stallments during the life of the insured in case his total and per- manent disability continues more than two hundred and forty months. (c) On and after July 1.9, 1939, the rate of interest charged on any loan secured by a lien on insurance shall not exceed 5 per centum per annum. ? 745. Renewal (a) Effective July 23, 1953, at the expiration of any term period any insurance policy issued on the five-year level premium term plan which has not been exchanged or converted to a permanent plan of insurance and which is not lapsed shall be renewed as level premium term insurance without application for a successive five-year period at the premium rate for the attained age without medical examina- tion. However, on and after such date renewal shall be effected in cases where the policy is lapsed only if the lapse occurred not earlier than two months before the expiration of the term period, and rein- statement in such cases shall be under the terms and conditions pre- scribed by the Administrator. In any case where the five-yyear level premium term period expired between July 23, 1953, and December 31, 1953, both dates inclusive, under the conditions set forth in the preceding sentence, the insured, notwithstanding the expiration of an intervening five-year period, shall have not less than six months following the date of enactment of this title within which to meet the terms and conditions prescribed by the Administrator under the pre- ceding sentence. (b) This section shall take effect on the date of enactment of this title. ? 746. Dividends to pay premiums Until and unless the Veterans' Administration has received from the insured a request in writing for payment of dividends in cash or that the dividends be placed on deposit in accordance with the provi- sions of his policy, any regular annual dividends shall be applied in payment of premiums becoming due on insurance after the date the dividend is payable on or after December 31, 1958. ? 747. Incontestability Subject to the provisions of section 754 of this title all contracts or policies of insurance heretofore or hereafter issued, reinstated, or con- verted shall be incontestable from the date of issuance, reinstatement, or conversion, except for fraud, nonpayment of premiums, or on the around that the applicant was not a member of the military or naval Forces of the United States. The insured under such contract or policy may, without prejudicing his rights, elect to make claim to the Veterans' Administration or to bring suit under section 784 of this title on any prior contract or policy, and if found entitled thereto, shall, upon surrender of any subsequent contract or policy, be entitled to payments under the prior contract or policy. In any case in which a contract or policy of insurance is canceled or voided after March 16, 1954, because of fraud, the Administrator shall refund to the insured, if living, or, if deceased, to the person designated as beneficiary (or if Approved For Release 20031Nfi&LIEJ 4J6~0~0 4&&OEg 01Y?6b%- VICES none survives, to the estate of the insured) all money, without interest, paid as premiums on such contract or policy for any period subsequent to two years after the date such fraud induced the Veterans' Adminis- tration to issue, reinstate, or convert such insurance less any dividends, loan, or other payment made to the insured under such contract or policy. ? 748. Total disability provision The Administrator shall include in United States Government life insurance policies provision whereby an insured, who is totally dis- abled as a result of disease or injury for a period of four consecutive months or more before attaining the age of sixty-five years and before default in payment of any premium, shall be paid disability benefits at the rate of $5.75 monthly for each $1,000 of insurance in force when total disability benefits become payable. The amount of such monthly payment under the provisions of this section shall not be reduced because of payment of permanent and total disability benefits under the insurance policy. Such payments shall be effective as of the first day of the fifth consecutive month, and shall be made monthly during the continuance of such total disability. Such payments shall be concurrent with or independent of permanent and total disability benefits under the insurance policy. In addition to the monthly dis- ability benefits the ayment of premiums on the life insurance and for the total disability benefits authorized by this section shall be waived during the continuance of such total disability. Regulations shall provide for reexaminations of beneficiaries under this section; and, in the event that it is found that an insured is no longer totally disabled, the waiver of premiums and payment of benefits shall cease and the insurance policy, including the total disability provision, may be continued by payment of premiums as provided in said policy and the total disability provision. Neither the dividends nor the amount payable in any settlement under any United States Government life insurance policy shall be decreased because of disability benefits granted under the provisions of this section. The payment of total disability benefits shall not prejudice the right of any insured, who is totally and permanently disabled, to permanent and total disability benefits under his insurance policy. The provision authorized by this section shall not be included in any United States Government life insurance policy heretofore or hereafter issued, except upon applica- tion, payment of premium by the insured, and proof of good health' satisfactory to the Administrator. The benefit granted under this section shall be on the basis of multiples of $500, and not less than $1,000 or more than the amount of insurance in force at time of application. The Administrator shall determine the amount of the monthly premium to cover the benefits of this section, and in order to continue such benefits in force the monthly premiums shall be payable until the insured attains the age of sixty-five years or until the prior maturity of the policy. In all other respects such monthly premium shall be payable under the same terms and conditions as the regular monthly premium on the United States Government life insurance policy. ? 749. Change of beneficiary Subject to regulations, the insured shall at all times have the right Approved For Release 213O4 tiO4kte0'44kRE}Pt7SOG44iMoooJ 0tl124O00 tes Govern- Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 GROUP LIFE INSURANCE FOR THE UNIFORMED SERVICES 41 ment life insurance policy without the consent of such beneficiary or beneficiaries. ? 750. Payment to estates If no beneficiary of insurance is 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, then there shall be paid to the estate of the insured the present value of the remaining unpaid monthly installments. If the designated beneficiary survives the insured and dies before receiving all of the installments of insurance payable and applicable, then there shall be paid to the estate of such beneficiary the present value of the remaining unpaid monthly install- ments. No payments shall be made to any estate which under the laws of the residence of the insured or the beneficiary, as the case may be, would escheat, but same shall escheat to the United States and be credited to the United States Government Life Insurance Fund. ? 751. Payment of insurance United States Government life insurance, except as provided in this subchapter, shall be payable in two hundred and forty equal monthly installments. When the amount of an individual monthly payment is less than $5, such amount may in the discretion of the Administrator be allowed to accumulate without interest and be disbursed annually. ? 752. Optional settlement The Administrator may provide in insurance contracts for optional settlements, 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. A provision may also be included in such contracts authorizing the beneficiary to elect to receive payment of the insur- ance in installments for thirty-six months or more, but only if the insured has not exercised his right of election as provided in this sub- chapter. Even though the insured may have exercised his right of election the beneficiary may elect to receive such insurance in install- ments spread over a greater period of time than that selected by the insured. ? 753. Assignments Any person to whom United States Government life insurance shall be payable may assign his interest in such insurance to the spouse, child, grandchild, parent, brother, sister, uncle, aunt, nephew, niece, brother-in-law, or sister-in-law of the insured. Insofar as applicable, the definitions contained in section 3 of the World War Veterans' Act, 1924, in effect on December 31, 1958, shall apply to this section, ? 754. Forfeiture No yearly renewable term insurance or United States Government life insurance shall be payable for death inflicted as it lawful punish- ment for crime or military offense, except when inflicted by the enemy. In such cases the cash surrender value of United States Government life insurance, if any, on the date of such death shall be paid to the designated beneficiary, if living, or if there be no designated bene- ficiary alive at the death of the insured the said value shall be paid to the estate of the insured. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 4~ GROUP LIFE uPSURANCE FOR THE UNIFORMED SERVICES ?'755. United States Government Life Insurance Fund (a) All premiums. paid on account of United States Government life insurance shall be deposited and covered into the Treasury to the credit of the United States Government Life Insurance Fund and shall be available for the payment of losses, dividends, refunds, and other benefits provided for under such insurance, including such liabilities as shall have been or shall hereafter be reduced to judgment in a district court of tho United States or the United States District Court for the District of Columbia. Payments from this fund shall be made upon and in accordance with awards by the Administrator. (b) The Administrator is authorized to set aside out of the funds so collected such reserve funds as may be required, under accepted (actuarial principles, to meet all liabilities under such insurance; and ,the Secretary of the Treasury is authorized to invest and reinvest the said United Staters Government Life Insurance Fund, or any part 'thereof, in interest-bearing obligations of the United States: or bonds of the Federal farm-loan banks and to sell said obligations of the United States or the bonds of the Federal farm-loan banks for the purposes of such Fund. ? 756. Military aad naval insurance appropriation All sums heretofore or hereafter appropriated for the military and naval insurance ippropriation and all premiums collected for yearly renewable term insurance deposited and covered into the Treasury to the credit of this appropriation shall be made available to the Veterans' Admiristration. All premiums that may hereafter be col- looted for yearly renewable term insurance shall be deposited and covered into the Treasury for the credit of this appropriation. Such sum is made available for the payment of the liabilities of the United States incurred under contracts of yearly renewable term insurance. Payments from this a propriation shall be made upon and in accord- ance with the awards by the Administrator. ? 757. Extra hazard costs (a) The United States shall bear the excess mortality and disa- bility cost resulting from the hazards of war on United States Gov- ernment life irsurance. (b) Whenever benefits under United States Government life insur- ance become, or have become, payable because of total permanent dis- ability of the insured or because of the death of the insured as a result of disease or injury traceable to the extra hazard of the military or naval service, as such hazard may be determined by the Administrator, the liability shall be borne by the United States. In such cases the Administrator shall transfer from the military and naval insurance ap- propriation to the United States Government Life Insurance Fund a sum which, together with the reserve of the policy at the time of maturity by total permanent disability or death, will equal the then value of such benefits. When a person receiving total permanent dis- ability benefits under a United States Government life insurance policy recove.'s from such disability and is then entitled to continue a reduced amount of insurance, the Administrator shall transfer to the military and naval insurance appropriation all of the loss reserve to the credit of such policy claim except a sum sufficient to set up the then requireti reserve on the reduced amount of the insurance that may Approved For Release 20$T9~/BEGrI~~$$1$UcES 43 be continued, which sum shall be retained in the United States Gov- ernment Life Insurance Fund for the purpose of such reserve. (c) Whenever benefits under the total disability provision become, or have become, payable because of total disability of the insured as a result of disease or injury traceable to the extra hazard of the mili- tary or naval service, as such hazard may be determined by the Administrator, the liability shall be borne by the United States, and the Administrator shall transfer from the military and naval insurance appropriation to the United States Government life In- surance Fund from time to time any amounts which become or have become payable to the insured on account of such total disability, and shall transfer from the United States Government Life Insurance Fund to the military and naval insurance appropriation the amount of the reserve held on account of the total disability benefit. When a person receiving such payments on account of total disability recovers from such disability and is then entitled to continued protection under the total disability provision, the Administrator shall transfer to the United States Government Life Insurance Fund a sum sufficient to set up the then required reserve on such total disability benefit. (d) Any disability for which a waiver was required as a condition to tendering a person a commission under Public Law 816, Seventy- seventh Congress, shall be deemed to be a disability resulting from an injury or disease traceable to the extra hazard of military or naval service for the purpose of applying this section. ? 758. Statutory total permanent disability Without prejudice to any other cause of disability, the permanent loss of the use of both feet, of both hands, or of both eyes, or of one foot and one hand, or of one foot and one eye, or of one hand and one eye, or the loss of hearing of both ears, or the organic loss of speech, shall be deemed total permanent disability for insurance purposes. This section shall be deemed to be in effect on and after April 6, 1917, and shall apply only to automatic insurance, yearly renewable term insurance, and United States Government life insurance issued prior to December 15, 1936. ? 759. Waiver of disability for reinstatement (a) In the event that all provisions of the rules and regulations other than the requirements as to the phsyical condition of the appli- cant have been complied with, an application for reinstatement, in whole or in part, of lapsed United States Government life insurance n be approved if made within two years after the date of lapse and e applicant's disability is the result of an injury or disease, or of an aggravation thereof, suffered or contracted in the active military or naval service during the period beginning April 6, 1917, and end- ing July 2, 1921, and the applicant during his lifetime submits proof satisfactory to the Administrator showing that he is not totally and permanently disabled. As a condition to the acceptance of an applica- tion for reinstatement under this section, the applicant shall be re- quired to pay all the back monthly premiums which would have be- come payable if such insurance had not lapsed, together with interest at the rate of 5 per centum per annum, compounded annually, on each premium from the date. said premium is due by the terms of the policy, Approved For Relea a t0bAla ' t- era eoue e 11 ~~rr~~}}~~ ear interest fAd dtf - 1lly, and will Approved For Releas41003WIM M tALP67BOO446 05004Hro0059nvrcEss be deducted from any settlement of insurance to which they are attached. ? 760. Waiver of premium payments on due date (a) The Administrator is authorized to provide by regulations for waiving the payment of premiums on United States Government life insurance on the due date thereof and the insurance may be'deemed not to lapse in the cases of the following persons: (1) those who are confined in hospital under the Veterans' Administration for a com- pensable disability during the period while they are so confined; (2) those who are zated as temporarily totally disabled by reason of any injury or disease entitling them to compensation during the period of such tots. disability and while they are so rated; (3) those who, while mentally incompetent and for whom no legal guardian had been or has been appointed, allowed or may allow their insur- ance to lapse durirg the period for which they have been or here- after may be rated mentally incompetent, or until a guardian has notified the Veterans' Administration of his qualification, but not later than six months after appointment of a guardian. In mentally incompetent cases the waiver is to be made without application and retroactive when n,acessary. Relief from payment of premiums on the due date thereof shall be for full calendar months, beginning with the month in which said confinement to hospital, the temporary total disability rating, or the mental incompetency began or begins and ending with that zronth during the half or major fraction of which such persons are no longer entitled to waiver as provided above. (b) All premium the payment of which when due is waived as provided in this sect ion shall bear interest at the rate of 5 per centum per annum, compounded annually, from the due date of each premium, and if not paid by he insured shall be deducted from the insurance in any settlement thereunder, or when the same matures either be- cause of permanent total disability or death. In the event any lien or other indebtedness established by this section or prior corresponding provision of law exists against any policy of United States Govern- ment life insurance in excess of the then cash surrender value thereof at the time of the termination of such policy of insurance for any reason other than by death or total permanent disability the Admin- istrator is authorize([ to transfer and pay from the military and naval insurance appropriation to the United States Government Life Insur- ance Fund a sum eqr al to the amount such lien or indebtedness exceeds the then cash surrender value. Subchapter liI-Servicemen's Group Life Insurance ? 765. Definitions For the purpose of this subchapter- (1) The term "active duty" means full-time duty as a commissioned I or warrant officer or as an enlisted member of a uniformed service under a call or order to duty that does not specify a period of thirty days or less. (2) The term "member" means a person on active duty in the uniformed services in a commissioned, warrant, or enlisted rank or grade. Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 Approved For Release ff 11s~~~ 6~/~~ ~O O F2188& !?S 45 (3) The term "uniformed services" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, and Environmental Science Services Administration. ? 766. Eligible insurance companies (a) The Administrator is authorized, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), to purchase from one or more life insurance companies a policy or policies of group life insurance to provide the benefits specified in this subchapter. Each such life insurancecompany must (1) be licensed to issue life insurance in each of the fifty States of the United States and in the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Administrator, have in effect at least I per centum of the total amount of group life insurance which all life insurance companies have in effect in the United States. (b) The life insurance company or companies issuing such policy or policies shall establish an administrative office at a place and under a name designated by the Administrator. (c) The Administrator shall arrange with the life insurance company or companies issuing any policy or policies under this subchapter to reinsure, under conditions approved by him, portions of the total amount of insurance under such policy or policies with such other life insurance companies (which meet qualifying criteria set forth by the Administrator) as may elect to participate in such reinsurance. (d) The administrator may at any time discontinue any policy or policies which he has purchased from any insurance company under this subchapter. ? 767. Persons insured; amount (a) Any policy of insurance purchased by the Administrator under section 766 of this title shall automatically insure any member of the uniformed services on active duty against death in the amount of $10,000 from the first day of such duty, or from the date certified by the Adminis- trator to the Secretary concerned as the date Servicemen's Group Life In- surance under this subchapter takes effect, whichever date is the later date, unless such member elects in writing (1) not to be insured under this subchapter, or (2) to be insured in the amount of $5,000. (b) If any member elects not to be insured under this subchapter or to be insured in the amount of $5,000, he may thereafter be insured under this subchapter or insured in the amount of $10,000 under this subchapter, as the case may be, upon written application, proof of good health, and compliance with such other terms and conditions as may be prescribed by the Administrator. ? 768. Termination of coverage; conversion Each policy purchased under this subchapter shall contain a provision, in terms approved by the Administrator, to the effect that any insurance thereunder on any member of the uniformed services shall cease (except in the case of members absent without leave) one hundred and twenty days after his separation or release from active duty, and that during the period such insurance is in force the insured upon request to the administrative office established under subsection 766(b) of this title shall be furnished a list of life insurance companies participating in the program established under this subchapter and upon written application (within such period) to the participating company selected by the insured and payment of the Approved For Rely2OQ89th1 :b? lROP67s8fl0446b10.0050024 00&Smination Approved For Release, 2`3/1 ~~Gi~~l~4~2~5~$D9sExvicEs on a plan then currently written by such company which does not provide for the payment ~'f any sum less than the face value thereof or for the payment of an additional amount as premiums if the insured engages in the military service of the United States, to replace the Servicemen's Group Life Insur ince in effect on the insured's life under this subchapter. In addition to life insurance companies participating in the program established under this subchapter, such list shall include additional life insurance companies (not so participating) which meet qualifying criteria, terms, and conditions established by the Administrator and agree to sell insurance to members and former members in accordance with the pro- visions of the pri ceding sentence. In the case of any member who is absent without leave for a period of more than thirty-one days, insurance under this subchapter shall cease as of the date such absence commenced. Any such member so absent without leave, upon return to duty, may again be insured under this subchapter, but only if he complies with the requirements set forth in section 767(b) of this section. ? 769. Deductions; payment; investment; expenses (a) During an;l period in which a member is insured under a policy of insurance purchased by the Administrator, under section 766 of this title= there shall be deducted each month from his basic or other pail until separation o" release from active duty an amount determined by the Administrator (waich shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of active duty in the uniformed service. Any amount not deducted from the basic or other pay of a member insured under this subchapter while on active duty, if not other- wise paid, shall be deducted from the proceeds of any insurance thereafter payable. The in,:tial monthly amount determined by the Administrator to be charged under this subsection for insurance under this subchapter may be continued from year to year, except that the Administrator may redetermine such nonthly amount from time to time in accordance with experience. No rsfunds will be made to any member of any such amount I properly deducted from his basic or other pay to cover the insurance granted under this subchapter. (b) For each m,rnth for which any member is so insured, there shall be contributed from the appropriation made for his pay an amount deter- mined by the Administrator and certified to the Secretary concerned to be the cost of such insurance which is traceable to the extra hazard of active duty in the uniformed services. Such cost shall be determined by the Administrator on the basis of the excess mortality suffered by members and former memb>,rs of the uniformed services insured under this sub- chapter above that incurred by the male civilian population of the United States of the same age as the median age of members of the uniformed services (disregarding a fraction of a year) as shown by the records of the uniformed service,,, the primary insurer or insurers, and the Department of ealth, Education, and Welfare, together with the most current esti- mates of such mortality. The Administrator is authorized to make such adjustments regariing such contributions from pay appropriations as may be indicated from actual experience. (c) An amount equal to the first amount due on any such insurance may be advanced from current appropriations for active-service pay to any such member, which amount shall constitute a lien upon any service or other ay accruinthe erson rpm whom such advance was made and Approved For Release 2003/11/04: CIA-013679004 4f6R000500210005-9 GROUP LIFE INSURANCE FOR THE U 47 Approved For Release 2003/11/04: CIA-RDP67B00446R0f OUI1uO `-a?E~ shall be collected ther41 om if not otherwise paid. No disbursing or certifying officer shall responsible for any loss incurred by reason of sue Y advance. (d)(1) The sums withheld from the basic or other pay of members under subsection (a) of this section, and the sums contributed from appropriations under subsection (b) of this section, together with the income derived from any dividends or premium rate adjustments received from insurers shall be deposited to the credit of a revolving fund established in the Treasury of the United States. All premium payments and extra hazard costs on any insurance policy or policies purchased under section 766 of this title and the administrative cost to the Veterans' Administra- tion of insurance issued under this subchapter shall be paid from the revolving fund. (2) The Administrator is authorized to set aside out of the revolving fund such amounts as may be required to meet the administrative costs to the Veterans' Administration of insurance issued under this sub- chapter and all current premium payments and extra hazard costs on any insurance policy or policies purchased under section 766 of this title. The Secretary of the Treasury is authorized to invest in and to sell and retire special interest-bearing obligations of the United States for the account of the revolving fund. Such obligations issued for this purpose shall have maturities fixed with due regard for the needs of the fund and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end o} the calendar month next preceding the date of issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 per centum, the rate of interest of such obligation shall be the multiple of one-eighth of 1 per centum nearest such market yield. (8) Notwithstanding the provisions of section 782 of this title, the Administrator shall, from time to time, determine the administrative costs to the Veterans' Administration which in his judgment are properly allocable to insurance issued under this subchapter and shall transfer such cost from the revolving fund to the appropriation "General operating expenses, Veterans' Administration". ? 770. Beneficiaries; payment of insurance (a) Any amount of insurance under this subchapter in force on any member or former member on the date of his death shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date of his death, in the ollowing order of precedence: First, to the beneficiary or beneficiaries as the member or former member may have designated by a writing received in the uniformed services prior to such death; Second, if there be no such beneficiary, to the widow or widower of such member or former member; Third, if none o{ the above, to the child or children of such member or former member and descendants of deceased children by representation; Fourth, if none of the above, to the parents of such member or former member or the survivor of them; Fifth, if none of the above, to the duly appointed executor or administra- tor of the estate of such member or former member; Approved For Release 2003/11/04: CIA-RDP67B00446R000500210005-9 O NIFORMED SERVICES Approved For Release`h03/9T~91W'[bT