PUBLIC LAW 109–80—SEPT. 30, 2005 119 STAT. 2045

Public Law 109–80

109th Congress

An Act

To amend title 38, United States Code, to enhance the Servicemembers’ Group

Life Insurance program, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Servicemembers’ Group Life

Insurance Enhancement Act of 2005’’.

SEC. 2. REPEALER.

Effective as of August 31, 2005, section 1012 of division A

of the Emergency Supplemental Appropriations Act for Defense,

the Global War on Terror, and Tsunami Relief, 2005 (Public Law

109–13; 119 Stat. 244), including the amendments made by that

section, are repealed, and sections 1967, 1969, 1970, and 1977

of title 38, United States Code, shall be applied as if that section

had not been enacted.

SEC. 3. INCREASE FROM $250,000 TO $400,000 IN AUTOMATIC MAXIMUM

COVERAGE UNDER SERVICEMEMBERS’ GROUP LIFE

INSURANCE AND VETERANS’ GROUP LIFE INSURANCE.

(a) MAXIMUM UNDER SGLI.—Section 1967 of title 38, United

States Code, is amended—

(1) in subsection (a)(3)(A)(i), by striking ‘‘$250,000’’ and

inserting ‘‘$400,000’’; and

(2) in subsection (d), by striking ‘‘of $250,000’’ and inserting

‘‘in effect under paragraph (3)(A)(i) of that subsection’’.

(b) MAXIMUM UNDER VGLI.—Section 1977(a) of such title is

amended—

(1) in paragraph (1), by striking ‘‘in excess of $250,000

at any one time’’ and inserting ‘‘at any one time in excess

of the maximum amount for Servicemembers’ Group Life Insurance in effect under section 1967(a)(3)(A)(i) of this title’’; and

(2) in paragraph (2)—

(A) by striking ‘‘for less than $250,000 under

Servicemembers’ Group Life Insurance’’ and inserting

‘‘under Servicemembers’ Group Life Insurance for less than

the maximum amount for such insurance in effect under

section 1967(a)(3)(A)(i) of this title’’; and

(B) by striking ‘‘does not exceed $250,000’’ and

inserting ‘‘does not exceed such maximum amount in effect

under such section’’.

38 USC 1967

note.

Effective date.

Applicability.

Servicemembers’

Group Life

Insurance

Enhancement

Act of 2005.

38 USC 101 note.

Sept. 30, 2005

[H.R. 3200]

119 STAT. 2046 PUBLIC LAW 109–80—SEPT. 30, 2005

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect as of September 1, 2005, and shall apply with

respect to deaths occurring on or after that date.

SEC. 4. SPOUSAL NOTIFICATIONS RELATING TO SERVICEMEMBERS’

GROUP LIFE INSURANCE PROGRAM.

Effective as of September 1, 2005, section 1967 of title 38,

United States Code, is amended by adding at the end the following

new subsection:

‘‘(f)(1) If a member who is married and who is eligible for

insurance under this section makes an election under subsection

(a)(2)(A) not to be insured under this subchapter, the Secretary

concerned shall notify the member’s spouse, in writing, of that

election.

‘‘(2) In the case of a member who is married and who is

insured under this section and whose spouse is designated as a

beneficiary of the member under this subchapter, whenever the

member makes an election under subsection (a)(3)(B) for insurance

of the member in an amount that is less than the maximum

amount provided under subsection (a)(3)(A)(i), the Secretary concerned shall notify the member’s spouse, in writing, of that

election—

‘‘(A) in the case of the first such election; and

‘‘(B) in the case of any subsequent such election if the

effect of such election is to reduce the amount of insurance

coverage of the member from that in effect immediately before

such election.

‘‘(3) In the case of a member who is married and who is

insured under this section, if the member makes a designation

under section 1970(a) of this title of any person other than the

spouse or a child of the member as the beneficiary of the member

for any amount of insurance under this subchapter, the Secretary

concerned shall notify the member’s spouse, in writing, that such

a beneficiary designation has been made by the member, except

that such a notification is not required if the spouse has previously

received such a notification under this paragraph and if immediately

before the new designation by the member under section 1970(a)

of this title the spouse is not a designated beneficiary of the member

for any amount of insurance under this subchapter.

‘‘(4) A notification required by this subsection is satisfied by

a good faith effort to provide the required information to the spouse

at the last address of the spouse in the records of the Secretary

concerned. Failure to provide a notification required under this

subsection in a timely manner does not affect the validity of any

election specified in paragraph (1) or (2) or beneficiary designation

specified in paragraph (3).’’.

SEC. 5. INCREMENTS OF INSURANCE THAT MAY BE ELECTED.

(a) INCREASE IN INCREMENT AMOUNT.—Subsection (a)(3)(B) of

section 1967 of title 38, United States Code, is amended by striking

‘‘member or spouse’’ in the last sentence and inserting ‘‘member,

be evenly divisible by $50,000 and, in the case of a member’s

spouse,’’.

Effective date.

38 USC 1967

note.

38 USC 1967

note.

PUBLIC LAW 109–80—SEPT. 30, 2005 119 STAT. 2047

LEGISLATIVE HISTORY—H.R. 3200:

HOUSE REPORTS: No. 109–177 (Comm. on Veterans’ Affairs).

CONGRESSIONAL RECORD, Vol. 151 (2005):

July 26, considered and passed House.

Sept. 27, considered and passed Senate, amended.

Sept. 28, House concurred in Senate amendment.

Æ

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect as of September 1, 2005.

Approved September 30, 2005.

38 USC 1967

note.