Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations 29025

Old section New section

6.65 6.9

6.68 6.10

6.95 6.11

6.96 6.12

6.100 6.13

6.115 6.14

6.117 6.15

6.117a 6.16

6.119 6.17

6.122 6.18

6.127 6.19

6.191 6.20

6.211 6.21

§ 6.2 [Amended]

5. In newly redesignated § 6.2, the

first sentence is removed.

§ 6.3 [Amended]

6. In newly redesignated § 6.3,

paragraph (a) is removed and the

paragraph designation (b) is removed.

§ 6.4 [Amended]

7. Newly redesignated § 6.4 is

amended by removing ‘‘§§ 3.1(j), 3.204,

3.205 (a) and (b) and 3.209 of ‘‘ and

adding, in its place, ‘‘38 U.S.C. 103(c)

and Part 3’’.

§ 6.7 [Amended]

8. In newly redesignated § 6.7,

paragraphs (a), (b) and (c) are removed;

and paragraph (d) is redesignated as

paragraph (a); newly redesignated § 6.7

is further amended by revising the

section heading and by adding a new

paragraph (b) to read as follows:

§ 6.7 Claims of creditors, taxation.

* * * * *

(b) The provisions of 38 U.S.C.

5301(b) which entitle the United States

to collect by setoff out of benefits

payable to any beneficiary under a

United States Government life insurance

policy do not apply to dividends being

held to the credit of the insured for the

payment of premiums under the

provisions of section 1946 of title 38

U.S.C.

* * * * *

9. Newly redesignated § 6.8 is revised

to read as follows:

§ 6.8 Selection, revocation and election.

The insured under a United States

Government Life Insurance policy may,

upon written notice, select an optional

settlement. Such optional settlement

may be revoked by written notice. If the

insured does not select one of the

optional settlements, as set out under

the provisions of the policy, the

insurance shall be payable in 240

monthly installments unless the

beneficiary elects in writing a different

option.

§ 6.9 [Amended]

10. In newly redesignated § 6.9, the

first sentence of the introductory text is

removed.

11. Newly redesignated § 6.10 is

revised to read as follows:

§ 6.10 Options.

Insurance will be payable in one sum

only when selected by the insured

during his or her lifetime or by his or

her last will and testament.

12. In newly redesignated § 6.11,

paragraph (d) and the first sentence of

paragraph (a) are removed; paragraphs

(e) and (f) are redesignated as

paragraphs (d) and (e), respectively.

Newly redesignated paragraph (d) is

amended by removing ‘‘as provided in

paragraph (f) of this section’’, and by

removing ‘‘in § 6.62’’ and adding, in its

place, ‘‘in § 6.7’’. Newly redesignated

§ 6.11 is further amended by revising

the section heading, paragraph (b) and

newly redesignated paragraph (e) to

read as follows:

§ 6.11 How dividends are paid.

* * * * *

(b) If the insured has a National

Service Life Insurance policy or policies

in force, dividends used to pay

premiums in advance will be held to the

credit of the insured, unless otherwise

directed by the insured.

* * * * *

(e) Dividend credit of the insured held

for payment of premiums or dividends

left to accumulate on deposit may be

applied to the payment of premiums in

advance on any National Service Life

Insurance policy upon written request

of the insured made before default in

payment of premium. Upon maturity of

the policy, any unpaid dividend will be

paid to the person(s) currently entitled

to receive payments under the policy.

13. In newly redesignated § 6.13, the

section heading is revised to read as

follows:

§ 6.13 Policy loans.

* * * * *

§ 614 [Amended]

14. In newly redesignated § 6.14, the

seventh and eight sentences are

removed; the section heading is

amended by removing ‘‘5-year level

premium term policy and’’; the first

sentence is amended by removing ‘‘the

5-year level premium term or’’; the

second sentence is amended by

removing ‘‘at the end of the first policy

year and at the end of any policy year

thereafter’’, and the fourth sentence is

amended by removing ‘‘provided the

policy has been in force for at least 1

year’’.

15. Newly redesignated § 6.16 is

revised to read as follows:

§ 6.16 Payment of cash value in monthly

installments.

Effective January 1, 1971, in lieu of

payment of cash value in one sum, the

insured may elect to receive payment in

monthly installments under option 2 as

set forth in the insurance contract or as

a refund life income option. If the

insured dies before the agreed number

of monthly installments have been paid,

the remaining unpaid monthly

installments will be payable to the

designated beneficiary in one sum,

unless the insured or such beneficiary

has elected to continue the installments

under the option selected by the

insured. If no designated beneficiary

survives, the present value of any

remaining unpaid installments shall be

paid to the estate of the insured,

provided such payment would not

escheat.

16. Newly redesignated § 6.18 is

revised to read as follows:

§ 6.18 Other disabilities deemed to be total

and permanent.

(a) In addition to the conditions

specified in 38 U.S.C. 1958, the

following also will be deemed to be total

and permanent disabilities: Organic loss

of speech; permanently helpless or

permanently bedridden.

(b) Organic loss of speech will mean

the loss of the ability to express oneself,

both by voice and whisper, through the

normal organs of speech if such loss is

caused by organic changes in such

organs. Where such loss exists, the fact

that some speech can be produced

through the use of an artificial appliance

or other organs of the body will be

disregarded.

§ 6.19 [Amended]

17. Newly redesignated § 6.19 is

amended by removing ‘‘§§ 3.204, 3.211

and 3.212’’ and adding, in its place,

‘‘Part 3’’.

[FR Doc. 96–14368 Filed 6–6–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 7

RIN 2900–AH53

Soldiers’ and Sailors’ Civil Relief

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

regulations captioned ‘‘Soldiers’ and

Sailors’ Civil Relief’’ which were

established under the Soldiers’ and
29026 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations

Sailors’ Civil Relief Act of 1940, as

amended (50 U.S.C. app. 511 et seq.). It

deletes provisions that became obsolete

because they were superseded by

subsequent amendments to that Act. It

also eliminates regulations that merely

restate provisions of the Act and

amendments thereto. Other provisions

are rewritten for purpose of

clarification.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT:

George Poole, Chief, Insurance Program

Administration, Department of Veterans

Affairs Regional Office and Insurance

Center, P.O. Box 8079, Philadelphia,

Pennsylvania 19101, (215) 951–5718.

SUPPLEMENTARY INFORMATION: This final

rule consists of nonsubstantive changes

and, therefore, is not subject to the

notice-and-comment and effective-date

provisions of 5 U.S.C. 553.

The Secretary of Veterans Affairs

hereby certifies that this final rule will

not have a significant economic impact

on a substantial number of small entities

as they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612. This

final rule will not affect any entity since

it does not contain any substantive

provisions. Therefore, pursuant to 5

U.S.C. 605(b), this amendment is

exempt from the initial and final

regulatory flexibility analysis

requirements of sections 603 and 604.

The Catalog of Federal Domestic

Assistance Program number for these

regulations is 64.103.

List of Subjects in 38 CFR Part 7

Life insurance, Military personnel.

Approved: May 31, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 7 is amended as

set forth below:

PART 7—SOLDIERS’ AND SAILORS’

CIVIL RELIEF

1. The authority citation for part 7 is

revised to read as follows:

Authority: 50 U.S.C. app. 511, 540–547,

unless otherwise noted.

§§ 7.2 through 7.16, 7.23 through 7.25, 7.28,

7.30 through 7.32 and 7.34 [Removed]

2. Sections 7.2 through 7.16, 7.23

through 7.25, 7.28, 7.30 through 7.32,

and 7.34 are removed.

§§ 7.20 through 7.22, 7.26, 7.27, 7.29 and

7.33 [Redesignated as 7.2—7.8]

3. Sections 7.20 through 7.22, 7.26,

7.27, 7.29, and 7.33 are redesignated as

§§ 7.2 through 7.8, respectively.

4. Newly redesignated § 7.2 is revised

to read as follows:

§ 7.2 Certification of military service.

(a) A statement over the signature of

the Commanding Officer or a

commissioned officer of equal or higher

rank than the insured, on the insured’s

application, may be accepted as a

certification that the insured is a person

in the military service.

(b) If the insured is unavailable

because of service, the application may

be certified by the person who has

custody of the insured’s service record.

(c) If an application is submitted by a

person designated by the insured or by

the insured’s beneficiary, the

Department of Veterans Affairs will

obtain from the service department

evidence that the insured is a person in

the military service.

(Authority 50 U.S.C. app. 547)

§ 7.3 [Amended]

5. In newly redesignated § 7.3, the

introductory text and paragraph (b) are

removed; paragraphs (c) and (d) are

redesignated as paragraphs (b) and (c),

respectively; and newly redesignated

paragraph (c) is amended by removing

‘‘and if a policy provides for installment

payments as a death benefit they will be

calculated in accordance with the terms

of the policy on the hypothesis of the

death of the insured on the due date of

the first premium to be guaranteed by

the Government:’’ and adding, in its

place, ‘‘;’’ immediately after the word

‘‘benefit.’’

6. In newly redesignated § 7.4,

paragraph (a) is amended by removing

‘‘percentum’’ and adding, in its place,

‘‘percent’’; paragraph (c) is removed;

this section is further amended by

revising the introductory text and

paragraph (b) to read as follows:

§ 7.4 The premium.

The term premium as defined under

50 U.S.C. app. 540(b) shall include

membership dues and assessments in an

association.

* * * * *

(b) Premiums will not be guaranteed

for benefits additional to the primary

death benefit if, when combined with

the amount of the primary death benefit,

the total benefit would result in a

payment in excess of $10,000 or if

liability for such benefits is excluded or

restricted by military service or any

activity which the insured may be

called upon to perform in connection

with military service. In the event that

premiums for the primary and

additional benefits are not separable

under the terms of the policy the entire

policy will be guaranteed, if the policy

is otherwise eligible for protection

under the law.

7. In newly redesigned § 7.5

paragraphs (b) and (d) are removed;

paragraph (c) is redesignated as

paragraph (b); newly redesignated

paragraph (b) is amended by removing

‘‘at Washington DC, on the form

prescribed for that purpose, VA–Form

9–381 (as revised)’’ and adding, in its

place, ‘‘Regional Office and Insurance

Center at Philadelphia, Pennsylvania’’;

and paragraph (a) is revised to read as

follows:

§ 7.5 Application.

(a) The benefits of the Act are not

available except upon application. The

insured may designate any person, firm,

or corporation to submit an application

on his or her behalf. The designation

must be in writing, signed by the

insured and attached to the application.

* * * * *

§ 7.6 [Amended]

8. In newly redesignated § 7.6, the

first sentence of the introductory text is

amended by removing ‘‘, but this

guarantee will not extend for more than

two years after the date when the act

ceases to be in force’’.

9. In newly redesignated § 7.7,

paragraphs (a), (c) and (e) are removed;

paragraphs (b) and (d) are redesignated

as paragraphs (a) and (b), respectively;

newly redesignated paragraph (a) is

amended by removing ‘‘(section 405,

Soldiers’’ and Sailors’ Civil Relief Act

Amendments of 1942),’’ and adding, in

its place,’’ (SSCRA, as amended)’’; and

newly redesignated paragraph (b) is

revised to read as follows:

§ 7.7 Maturity.

* * * * *

(b) Upon the expiration of the period

of protection, the insurer will submit to

the Department of Veterans Affairs a

complete statement of the account on

each policy, which will show the

amount of indebtedness by reason of the

premiums with interest and the credits,

if any, then available and will be subject

to audit and approval by the Department

of Veterans Affairs. The statement of

account will include the rate of interest

charged on all indebtedness, the date of

debit and credit entries, and such other

information as may be deemed

necessary in making an audit of the

account.

10. Newly redesignated § 7.8 is

revised to read as follows:

§ 7.8 Beneficiary or assignee.

The consent of a beneficiary, assignee,

or any other person who may have a

right or interest in the proceeds of the
Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations 29027

policy is not a prerequisite for placing

a policy under the protection of the Act.

[FR Doc. 96–14367 Filed 6–6–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 8a

RIN 2900–AH54

Veterans Mortgage Life Insurance

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

regulations relating to Veterans

Mortgage Life Insurance (VMLI) by

eliminating regulations that merely

restate statutory provisions; and by

deleting provisions that have no legal

effect.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT:

George Poole, Chief, Insurance Program

Administration, Department of Veterans

Affairs Regional Office and Insurance

Center, PO Box 8079, Philadelphia, PA

19101, (215) 951–5718.

SUPPLEMENTARY INFORMATION: The

Insurance Service of the Veterans

Benefits Administration has determined

that various regulations relating to VMLI

are merely restatements of statutory

provisions. Since they are redundant,

they are unnecessary and may be

eliminated.

This final rule consists of

nonsubstantive changes and, therefore,

is not subject to the notice-andcomment and effective-date provisions

of 5 U.S.C. 553. The Secretary of

Veterans Affairs hereby certifies that

this final rule will not have a significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. This final rule

will not affect any entity since it does

not contain any substantive provisions.

Therefore, pursuant to 5 U.S.C. 605(b),

this amendment is exempt from the

initial and final regulatory flexibility

analysis requirements of sections 603

and 604.

The Catalog of Federal Domestic

Assistance Program number for these

regulations is 64.103.

List of Subject in 38 CFR Part 8a

Mortgage insurance, Veterans.

Approved: May 31, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 8a is amended as

set forth below:

PART 8a—VETERANS MORTGAGE

LIFE INSURANCE

1. The authority citation for part 8a is

revised to read as follows:

Authority: 38 U.S.C. 501, and 2101 through

2106, unless otherwise noted.

§§ 8a.5 through 8a.7 [Removed]

2. Sections 8a.5 through 8a.7 are

removed.

§ 8a.1 [Amended]

3. In § 8a.1, paragraphs (a) and (b) are

removed; paragraphs (c), (d), (e), (f) and

(g) are redesignated as paragraphs (a),

(b), (c), (d) and (e) respectively; newly

redesignated paragraph (b) is amended

by adding ‘‘(VMLI)’’ after ‘‘Veterans

Mortgage Life Insurance’’; and newly

redesignated paragraph (e)(3) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 8a.2 [Amended]

4. In § 8a.2, paragraph (a), is a

amended by removing ‘‘Veterans

Mortgage Life Insurance (VMLI)’’ and

adding, in its place, ‘‘VMLI’’; paragraph

(a) is further amended by removing

‘‘8a.4(b) of this title, the amount of

Veterans Mortgage Life Insurance’’ and

adding, in its place, ‘‘8a.4(a) the amount

of VMLI’’; paragraph (b)(4) is amended

by removing, ‘‘purchased or adapted in

part with a grant, or subsequently

acquired housing unit’’; in paragraph

(b)(6) the first sentence is removed; and

paragraphs (b)(4), (b)(6), (b)(8) and (c)

are amended by removing ‘‘Veterans

Mortgage Life Insurance’’ each time and

adding, in its place, ‘‘VMLI’’.

§ 8a.3 [Amended]

5. In § 8a.3, paragraphs (a), (b), (c),

and (e) are amended by removing

‘‘Veterans Mortgage Life Insurance’’

each time and adding, in its place,

‘‘VMLI’’.

§ 8a.4 [Amended]

6. In § 8a.4, paragraph (a) is removed;

paragraphs (b), (c) and (d) are

redesignated as paragraph (a), (b) and (c)

respectively; and newly redesignated

paragraphs (a) and (c) are amended by

removing ‘‘Veterans Mortgage Life

Insurance’’ each time and adding, in its

place, ‘‘VMLI’’.

[FR Doc. 96–14366 Filed 6–6–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 20

RIN 2900–AI15

Rules of Practice: Elimination of

Unnecessary Provisions Relating to

Representation, Witnesses, and

Access to Board Records

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Rules of Practice for the Board of

Veterans’ Appeals (Board) to eliminate

unnecessary provisions concerning

individuals who may assist an attorney

in presenting evidence and argument at

the Board, concerning testimony from

members of Congress and Congressional

staffs, and concerning Board records.

The Board adjudicates appeals of

denials of claims for veterans’ benefits.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT:

Steven L. Keller, Chief Counsel, Board

of Veterans’ Appeals, Department of

Veterans Affairs, 810 Vermont Avenue,

NW., Washington, DC 20420 (202–565–

5978).

SUPPLEMENTARY INFORMATION: This

document eliminates from the Board’s

Rules of Practice provisions which are

no longer necessary.

In § 20.606, relating to legal interns,

law students and paralegals, former

paragraph (a) is deleted. Previously, that

paragraph limited to two the number of

such individuals who may assist an

attorney in presenting evidence and

argument at the Board. Particularly with

the limitation in former paragraph (d) of

§ 20.606—which limits to two the

number of such individuals who may

make a presentation at a hearing and

permits the presiding Member to limit

participation at a hearing—we do not

believe the limitation in paragraph (a) is

needed. New paragraph (d) (former

paragraph (e)) is amended to provide

that a presiding Member of a hearing—

as well as the Chairman—may withdraw

permission for a legal intern, law

student or paralegal to prepare and

present cases before the Board if the

individual demonstrates incompetence,

unprofessional conduct, or interference

with the appellate process.

Section 20.710, relating to witnesses

at hearings, is rewritten to delete

specific instructions that Members of

Congress and Congressional staff may

testify at a hearing, and to delete the

extensive discussion of the nature of an

affirmation (as opposed to an oath). We

do not believe either provision is

necessary.

Section 20.1300, relating to access to

Board records, is rewritten to limit its