Definitions

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§3971. Definitions

For the purposes of this subchapter:

(1) Policy

The term "policy" means any individual contract for whole, endowment, universal, or term life insurance (other than group term life insurance coverage), including any benefit in the nature of such insurance arising out of membership in any fraternal or beneficial association which-

(A) provides that the insurer may not-

(i) decrease the amount of coverage or require the payment of an additional amount as premiums if the insured engages in military service (except increases in premiums in individual term insurance based upon age); or

(ii) limit or restrict coverage for any activity required by military service; and


(B) is in force not less than 180 days before the date of the insured's entry into military service and at the time of application under this subchapter.

(2) Premium

The term "premium" means the amount specified in an insurance policy to be paid to keep the policy in force.

(3) Insured

The term "insured" means a servicemember whose life is insured under a policy.

(4) Insurer

The term "insurer" includes any firm, corporation, partnership, association, or business that is chartered or authorized to provide insurance and issue contracts or policies by the laws of a State or the United States.

(Oct. 17, 1940, ch. 888, title IV, §401, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2851 .)

Codification

Section was formerly classified to section 541 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 401 of act Oct. 17, 1940, ch. 888, art. IV, 54 Stat. 1183 ; Oct. 6, 1942, ch. 581, §13, 56 Stat. 774 ; Pub. L. 102–12, §9(12), Mar. 18, 1991, 105 Stat. 40 , related to persons entitled to benefits, applications, and amount of insurance protected, prior to the general amendment of this Act by Pub. L. 108–189. See section 3972 of this title.

Provisions similar to this section were contained in section 400 of act Oct. 17, 1940, ch. 888, art. IV, 54 Stat. 1183 ; Oct. 6, 1942, ch. 581, §13, 56 Stat. 773 ; July 11, 1956, ch. 570, §1, 70 Stat. 528 ; Pub. L. 102–12, §9(11), Mar. 18, 1991, 105 Stat. 40 , prior to the general amendment of this Act by Pub. L. 108–189.

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.


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