### §437. Allowance to cover monthly premiums for Servicemembers' Group Life Insurance: members serving in a designated duty assignment

(a) Required Reimbursement for Premium Deduction.—(1) In the case of a member of the armed forces who has insurance coverage for the member under the Servicemembers' Group Life Insurance program under subchapter III of chapter 19 of title 38 and who serves in a designated duty assignment at any time during a month, the Secretary concerned shall pay the member an allowance under this section for that month in an amount equal to the amount of the deduction made under subsection (a)(1) of section 1969 of such title for the amount of Servicemembers' Group Life Insurance coverage held by the member under section 1967 of such title.

(2) In this subsection, the term "designated duty assignment" means a permanent or temporary duty assignment outside the United States or its possessions in support of a contingency operation in an area that—

(A) has been designated a combat zone; or

(B) is in direct support of an area that has been designated a combat zone.

(b) Notice of Availability of Allowance.—To the maximum extent practicable, in advance of the deployment of a member to a designated duty assignment referred to in subsection (a), the Secretary concerned shall give the member information regarding the following:

(1) The availability of the allowance under this section for members insured under the Servicemembers' Group Life Insurance program.

(2) The ability of members who elected not to be insured under Servicemembers' Group Life Insurance, or elected less than the maximum coverage amount available for such insurance, to obtain insurance, or to obtain additional coverage, as the case may be, under the authority provided in section 1967(c) of title 38.

(Added Pub. L. 109–163, div. A, title VI, §613(a), Jan. 6, 2006, 119 Stat. 3291; amended Pub. L. 109–364, div. A, title VI, §606(a)–(c), Oct. 17, 2006, 120 Stat. 2246; Pub. L. 110–181, div. A, title X, §1063(c)(5), Jan. 28, 2008, 122 Stat. 322; Pub. L. 114–328, div. A, title VI, §644(a)–(b)(2), Dec. 23, 2016, 130 Stat. 2166, 2167.)

#### **Editorial Notes**

#### Amendments

2016—Pub. L. 114–328, §644(b)(2), substituted "Allowance to cover monthly premiums for Servicemembers' Group Life Insurance: members serving in a designated duty assignment" for "Allowance to cover monthly premium for Servicemembers' Group Life Insurance: members serving in Operation Enduring Freedom or Operation Iraqi Freedom" in section catchline.

Subsec. (a). Pub. L. 114–328, §644(a), designated existing provisions as par. (1), substituted "who serves in a designated duty assignment" for "who serves in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom", and added par. (2).

Subsec. (b). Pub. L. 114–328, §644(b)(1), substituted "designated duty assignment" for "theater of operations" in introductory provisions.

2008—Subsec. (a). Pub. L. 110–181 made technical correction to directory language of Pub. L. 109–364, §606(b)(1)(A). See 2006 Amendment note below.

2006—Pub. L. 109–364, §606(c), struck out "portion of" before "monthly premium" in section catchline.

Subsec. (a). Pub. L. 109–364, §606(b)(1)(B), struck out par. (2) which read as follows: "If a member described in paragraph (1) elected to be insured in an amount less than the coverage amount specified in paragraph (1) or in effect pursuant to subsection (b), the amount of the allowance under this section for a month shall be equal to the amount of the deduction made for that month under subsection (a)(1) of section 1969 of title 38 from the basic pay of the member for the amount of Servicemembers' Group Life Insurance coverage actually held by the member under section 1967 of such title."

Pub. L. 109–364, §606(b)(1)(A), as amended by Pub. L. 110–181, struck out "(1)" before "In the case of".

Subsec. (a)(1). Pub. L. 109–364, §606(a), substituted "for the amount of Servicemembers' Group Life Insurance coverage held by the member under section 1967 of such title" for "for the first $150,000 of Servicemembers' Group Life Insurance coverage held by the member under section 1967 of such title".

Subsecs. (b), (c). Pub. L. 109–364, §606(b)(2), (3), redesignated subsec. (c) as (b), in par. (2) substituted "maximum coverage amount available for such insurance," for "coverage amount specified in subsection (a)(1) or in effect pursuant to subsection (b),", and struck out former subsec. (b). Text read as follows: "For purposes of subsection (a), the Secretary of Defense is authorized to increase the coverage amount specified in paragraph (1) of such subsection to permit the reimbursement of all or an additional amount of the deduction made under section 1969(a)(1) of title 38 for levels of coverage in excess of $150,000 for members under the Servicemembers' Group Life Insurance program."

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title VI, §644(c), Dec. 23, 2016, 130 Stat. 2167, provided that: "The amendments made by this section [amending this section] shall apply to service by members of the Armed Forces in a designated duty assignment (as defined in subsection (a)(2) of section 437 of title 37, United States Code) for any month beginning on or after the date of the enactment of this Act [Dec. 23, 2016]."

#### Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title X, §1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c)(5) is effective as of Oct. 17, 2006, and as if included in Pub. L. 109–364 as enacted.

#### Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, §606(d), Oct. 17, 2006, 120 Stat. 2246, provided that: "The amendments made by this section [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [Oct. 17, 2006] and shall apply with respect to service by members of the Armed Forces in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom for months beginning on or after that date."

#### Effective Date

Pub. L. 109–163, div. A, title VI, §613(c), Jan. 6, 2006, 119 Stat. 3292, provided that: "Section 437 of title 37, United States Code, as added by subsection (a), shall apply with respect to service by members of the Armed Forces in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom for months beginning on or after the date of the enactment of this Act [Jan. 6, 2006]. In the case of members who are serving in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom as of such date, the Secretary of Defense shall provide such members, as soon as practicable, the information specified in subsection (c) of that section."