December 22,1978 M29-I, Part I

Change 8

CONTENTS

CHAPTER 22. CORRECTION OF DATE OF BIRTH

PARAGRAPH PAGE

22.01 General 22-1

22.02 Proof of Date of Birth 22-1

22.03 Correction of Date of Birth (Older Age Correct) 22-2

22.04 Correction of Date of Birth (Younger Age Correct) 22-3

22.05 Correction of Date of Birth on Matured Endowments 22-3

22.06 Correction of Date of Birth on Contracts Matured By Death 224

22.07 Correction of Date of Birth on Contracts Surrendered for Cash 22-4

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December 22,1978 M29-I, Part I

Change 8

CHAPTER 22. CORRECTION OF DATE OF BIRTH

22.01 GENERAL

a\. When different dates of birth appear in an insurance record the
insured will be notified. He or she will be requested to submit evidence
as to the correct date of birth.

b\. Insurance age is the age of the insured on his or her birthday
nearest the effective date of the insurance

contract.

c\. When a date of birth discrepancy exists in the records, the earliest
date of birth will be presumed to be

correct in the absence of documentary evidence to the contrary.

d\. The older age will be accepted as being correct if the insured
fails, within the period specified, to reply to correspondence
requesting clarification, advises in writing that the older age is
correct, or submits payment of the difference in premiums.

e\. Date of birth discrepancies that do not change the insurance age
will not be clarified unless the plan of

insurance is Modified Life, or there is a Total Disability Income
Provision involved, or a claim for disability benefits is received and
the discrepancy is sufficient to affect a determination as to whether
disability commenced before the insured\'s 65th birthday.

f\. If the discrepancy is not to be clarified, the date of birth
recorded on the insurance records at the time

the discrepancy is discovered will be retained for subsequent
transactions.

g\. Inactive policies will not be considered unless they are reinstated.

h\. When the insured is in active service, address any correspondence \[
\] regarding the date of birth discrepancy through his or her commanding
officer.

22.02 PROOF OF DATE OF BIRTH

Evidence to establish the correct date of birth should be one of the
following types in the following order of preference:

a\. A certified copy or abstract of the public record of birth or a
certified copy of the church record of baptism, the certification to be
made by the custodian of such records.

\(1\) A public record of birth established more than 4 years after birth
may be accepted as proof of the correct date of birth, provided it is
not inconsistent with documentary evidence of record in the insurance
folder, or if it shows on its face that it is based upon evidence that
would of itself be acceptable under any of the other following
subparagraphs.

\(2\) A record of baptism performed more than 4 years after birth will
not be accepted as proof of the correct

date of birth unless it is consistent with documentary evidence of
record in the insurance folder, which shall include at least one
reference to the date of birth and/or age made at a time when such
reference was not essential to establishing the correct date of birth of
the insured.

b\. Notification by the service department that evidence as to the
correct date of birth has been received and

the appropriate change has been established in that department, together
with information as to the source of the evidence used as a basis for
such change. Such notification will be accepted by the VA provided the
evidence conforms to VA regulations and there is no contrary documentary
evidence of record in the insurance folder.

c\. Affidavit of the physician or midwife in attendance at birth.

d\. Copy of Bible or other family record certified to by a notary public
or other officer with authority to

administer oaths for general purposes, who will state in what year the
Bible or other book in which the record appears was printed, whether the
record bears any erasures or other marks of alteration, and whether,
from the appearance of the writing, he or she believes that the entries
were made recently or at the time reputed.

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M29-I, Part I December 22, 1978

Change 8

e\. Affidavits of two or more persons, preferably disinterested, who
shall state their ages, showing the name, date and place of birth of the
person whose correct date of birth is being established, and that, to
their own knowledge, such person is the child of such parents (naming
the parents), and stating the source of their knowledge.

f\. Other evidence which is adequate to establish the facts including
census, hospital, school, employment,

immigration or naturalization records, or insurance policies.

g\. Photostats of original documents or of certified copies of records
of birth will be accepted if the original

would be acceptable. When a certified copy or abstract of record of
birth is not certified over the signature and official seal of the
person having custody of the record, it sill be accepted if the person
having custody of the record has no official seal and the copy or
abstract bears his or her signature, and is either sworn to by him or
her or is on a blank printed especially for that purpose.

22.03 CORRECTION OF DATE OF BIRTH (OLDER AGE CORRECT)

a\. If it is discovered during the lifetime of the insured that he or
she is older than the age shown in the insurance records, he or she will
be allowed 60 days to advise whether or not VA is to continue the full
amount of insurance.

b\. When the full amount of the contract is to be continued, the
following adjustments must be made when

the contract is in force by payment of premiums, and not under a
disability premium waiver:

\(1\) For a term contract, the insured will be required to pay the
correct premium (insurance and/or TDIP)

from the premium due date of the policy month in which he or she is
notified that the discrepant birth appears in the records.

\(2\) On a permanent plan policy, the insured must pay the difference in
reserve on the amount of insurance in force from the effective date of
the contract to the premium due date of the policy month in which the
insured is notified that discrepant dates of birth appear in the
insurance records. The correct insurance and TDIP premium, if any, must
be paid from the premium due date of the policy month in which the
letter of notification of the older age is dated. When TDIP is part of
the contract, the insured must also pay the difference in the rider
reserve, \[and\] the case will be sent to the Chief, Actuarial Staff
(299A) for calculation of the required amounts. \[Calculations for
reserve not involving TDIP will be computed by the Policy Service
Technician. The following sample may be used as a guide when computing
the difference in reserve. All reserve calculations will be based on the
correct age.

Example

FACTS

The insured has a Modified Life 65 policy effective June I, 1965, age
47. As a result of a date of birth correction, the issuance age was
changed to 55.

REQUIREMENTS

Difference in reserve from June 1, 1965, to January 1, 1975 (month
veteran notified of discrepant date of birth) n which the veteran must
pay to continue the \$5,500 in force.

CALCULATIONS

Step 1. Unit monthly premium at age 55 \$1.92

Step 2. Gross monthly premium paid at age 47 (\$1.41 x 55) \$7.76

Step 3. Actual amount of insurance inforce at the correct age
(\$7.76+1.92x\$1,000) \$4,041.67

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M29-I, Part I December 22,1978

Change

Step 4. Reserve per \$1,000 based on time policy has been in force (9,
7-12) at age 55

75-I Date veteran notified

65-6 Effective date of policy

9-7 (9 years and 7 months) \$80.90

Step 5. Amount of reserve required on \$5,500 (\$5,500 x \$80.90)
\$444.95

Step 6. Amount of reserve on the amount of insurance shown in Step 3.

(\$4,041.67 x \$80.90) \$326.97

Step 7. Difference in reserve to be paid \$117.98\]

c\. If the insured does not desire to continue the full amount of
insurance in force at the older age or does not reply to VA\'s letter of
notification within 60 days, the insurance will be reduced to the exact
amount that premiums paid would purchase at the older age (rounded to
the next higher dollar) and not reduced to the largest multiple of
\$500. When TDIP is part of the contract, it will be reduced in the same
manner and to the same amount as the life insurance to which it is
attached. However, if the resultant amount of the rider is less than \$
1 ,000, the provision will be canceled as of the date the insurance is
reduced.

\(1\) Term insurance and any TDIP rider attached will be reduced as of
the premium due date of the policy

month in which the insured is notified that the discrepant dates of
birth appear in his or her records.

\(2\) For a permanent plan policy, the insurance and/or TDIP will be
reduced as of the effective date of the

insurance and/or TDIP.

d\. \[ \] Dividend overpayments or underpayments, premiums waived under
38 U.S.C. 724, or pure insurance risk amounts previously refunded will
not be \[Adjusted,\] regardless of whether an older or younger age is
established, or whether the insured is living or dead at the time of the
correct date of birth is established.

e\. If the insured was older than the age he or she entered on the
application for insurance, the case is to be

referred to the Chief, Actuarial Staff (299) for adjustment under the
following circumstances:

\(1\) The discrepancy was discovered after the insured died and at one
time or another, the insured had been

paid total and permanent disability benefits under a USGLI policy, or
total disability income benefits under an NSLI or USGLI policy.

\(2\) The insured is alive and has applied for or is receiving waiver of
premium and/or TDIP or TPD benefits.

22.04 CORRECTION OF DATE OF BIRTH (YOUNGER AGE CORRECT)

a\. When acceptable evidence is received establishing a younger age than
that shown in the insurance records, \[the\] premium overpayments will
be refunded \[as follows:\]

(1)\] On term insurance, \[only\] the premium and any TDIP credits
\[paid on the current renewal period, and the period prior to the
current renewal, will be considered in the calculation.\] Policies with
an N or T prefix will not be considered in the overpayments.

\[(2)\] On permanent plans, only the premium and/or TDIP credits \[paid
on the permanent plan\] will be refunded. \[No refunds will be made on
any term contract prior to the date of conversion.\]

\[b.\] Credits will be refunded without interest on all plans of
insurance. No adjustment will be made of any

dividends, premium waivers under 38 U.S.C. 712, 724 or 748, or pure
insurance, risk refund previously paid.

22.05 CORRECTION OF DATE OF BIRTH ON MATURED ENDOWMENTS

a\. If the proceeds of the matured endowment have been paid in full and
the older age is correct, no adjustment will be made. However, if the
younger age is correct, the amount of the premium overpayments
(insurance and/or

TDIP) will be refunded in one sum, without interest, to the insured, if
living; otherwise, to the beneficiary.

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December 22, 1978 M29-1, Part I

Change 8

b\. If the claim is pending or being paid in installments, the following
action will be taken:

\(I\) Younger Age Correct. The amount of the insurance and/or TDIP
premium overpayments will be paid inone sum, without interest, to the
insured, if living; otherwise, to the beneficiary.

\(2\) Older Age Correct. The face amount of the policy will be reduced
to the exact amount paid for and the

claim settled on the adjusted amount. If some installments have been
paid when the correction in date of birth is made, the claim will be
adjusted from the beginning and future payments withheld until any
overpayment has been recovered. If insufficient monthly installments
remain to collect the overpayment, the award will be terminated as of
the date the correction in amount of insurance is made.

22.06 CORRECTION OF DATE OF BIRTH ON CONTRACTS MATURED BY DEATH

a\. If the claim has been paid in full and the older age is correct, no
adjustment will be made. However, if the younger age is correct, the
amount of the premium overpayments (insurance and/or TDIP) will be
refunded in one sum, without interest, to the beneficiary.

b\. If the claim is pending or being paid in installments, the following
action will be taken:

\(1\) Younger Age Correct. The amount of the insurance and/or TDIP
premium overpayments will be paid in one sum, without interest, to the
beneficiary.

\(2\) Older Age Correct. The face amount of the policy will be reduced
to the exact amount paid for and the

claim settled on the adjusted amount. If some installments have been
paid when the correction in date of birth is made, the claim will be
adjusted from the beginning and future payments withheld until any
overpayment has been recovered. If insufficient monthly installments
remain to collect the overpayment, the award will be terminated as of
the date the correction in amount of insurance is made.

22.07 CORRECTION OF DATE OF BIRTH ON CONTRACTS SURRENDERED FOR CASH

a.If the cash value has been paid in full and the older age is correct,
no adjustment will be made. However, if the younger age is correct, the
amount of the premium overpayments will be refunded in one sum, without
interest, to the insured. NOTE: If the policy was surrendered under 38
U:S.C. 781 and is reinstated, any necessary date of birth adjustments
will be made.

b\. If the surrender is pending or being paid in installments, the
following action will be taken:

\(l\) Younger Age Correct. The amount of the insurance and/or TDIP
premium overpayments will be paid in one sum, without interest, to the
insured, if living; otherwise, to the beneficiary.

\(2\) Older Age Correct. The face amount of the policy will be reduced
to the exact amount paid for and the

surrender settled on the adjusted amount. If some installments have been
paid when the correction in date of birth is made, the surrender will be
adjusted from the beginning and future payments withheld until any
over-payment has been recovered. If insufficient monthly installments
remain to collect the overpayment, the award will be terminated as of
the date the correction in amount of insurance is made.

22.08 CORRECTION OF DATE OF BIRTH INVOLVING PAID-UP ADDITIONS

The following rules apply to correction of date of birth on paid-up
additions regardless of whether the older or younger age is correct:

a\. The reserve of the paid-up additions will be determined by using the
attained age of the insured based on the date of birth that was used to
purchase the paid.up additions.

b\. The reserve will then be applied to purchase paid-up additions using
the attained age of the insured based on the correct date of birth.

c\. These computations will be made on the date the basic policy is
adjusted.

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