dreamproit/uscode huggingface dataset:
(Title 50 Appendix)
§ 525. Duration and term of stays; codefendants not in service
(a) Period of stay
A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this Act [sections 501 to 515 and 516 to 597b of this Appendix] by a court may be ordered for the period of military service and 90 days thereafter, or for any part of that period. The court may set the terms and amounts for such installment payments as is considered reasonable by the court.
(b) Codefendants
If the servicemember is a codefendant with others who are not in military service and who are not entitled to the relief and protections provided under this Act [sections 501 to 515 and 516 to 597b of this Appendix], the plaintiff may proceed against those other defendants with the approval of the court.
(c) Inapplicability of section
This section does not apply to sections 202 and 701 [sections 522 and 591 of this Appendix].
(Oct. 17, 1940, ch. 888, title II, § 205, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2844.)
heading: Prior Provisions
text: A prior section 525, acts Oct. 17, 1940, ch. 888, art. II, § 205, 54 Stat. 1181; Oct. 6, 1942, ch. 581, § 5, 56 Stat. 770; Pub. L. 102–12, § 9(6), Mar. 18, 1991, 105 Stat. 39, related to statutes of limitations as affected by period of service, prior to the general amendment of this Act by Pub. L. 108–189. See section 526 of this Appendix.
(Title 50 Appendix)
§ 526. Statute of limitations
(a) Tolling of statutes of limitation during military service
The period of a servicemember’s military service may not be included in computing any period limited by law, regulation, or order for the bringing of any action or proceeding in a court, or in any board, bureau, commission, department, or other agency of a State (or political subdivision of a State) or the United States by or against the servicemember or the servicemember’s heirs, executors, administrators, or assigns.
(b) Redemption of real property
A period of military service may not be included in computing any period provided by law for the redemption of real property sold or forfeited to enforce an obligation, tax, or assessment.
(c) Inapplicability to internal revenue laws
This section does not apply to any period of limitation prescribed by or under the internal revenue laws of the United States.
(Oct. 17, 1940, ch. 888, title II, § 206, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2844.)
heading: References in Text
text: The internal revenue laws of the United States, referred to in subsec. (c), are classified generally to Title 26, Internal Revenue Code.
heading: Prior Provisions
text: A prior section 526, act Oct. 17, 1940, ch. 888, art. II, § 206, as added Oct. 6, 1942, ch. 581, § 6, 56 Stat. 771; amended Pub. L. 102–12, § 9(7), Mar. 18, 1991, 105 Stat. 39, related to maximum rate of interest, prior to the general amendment of this Act by Pub. L. 108–189. See section 527 of this Appendix.
(Title 50 Appendix)
§ 532. Protection under installment contracts for purchase or lease
(a) Protection upon breach of contract
(1) Protection after entering military service
After a servicemember enters military service, a contract by the servicemember for—
(A) the purchase of real or personal property (including a motor vehicle); or
(B) the lease or bailment of such property,
may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person’s military service, nor may the property be repossessed for such breach without a court order.
(2) Applicability
This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service.
(b) Misdemeanor
A person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 107 of this Act [section 517 of this Appendix], or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.
(c) Authority of court
In a hearing based on this section, the court—
(1) may order repayment to the servicemember of all or part of the prior installments or deposits as a condition of terminating the contract and resuming possession of the property;
(2) may, on its own motion, and shall on application by a servicemember when the servicemember’s ability to comply with the contract is materially affected by military service, stay the proceedings for a period of time as, in the opinion of the court, justice and equity require; or
(3) may make other disposition as is equitable to preserve the interests of all parties.
(Oct. 17, 1940, ch. 888, title III, § 302, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2846; amended Pub. L. 111–275, title III, § 303(b)(3), Oct. 13, 2010, 124 Stat. 2878.)
heading: Prior Provisions
text: A prior section 532, acts Oct. 17, 1940, ch. 888, art. III, § 302, 54 Stat. 1182; Oct. 6, 1942, ch. 581, §§ 9(b), (c), 10, 56 Stat. 771, 772; June 23, 1952, ch. 450, 66 Stat. 151; Pub. L. 102–12, § 9(9), (10), Mar. 18, 1991, 105 Stat. 40, related to mortgages and trust deeds, prior to the general amendment of this Act by Pub. L. 108–189. See section 533 of this Appendix.
heading: Amendments
text: 2010—Subsec. (b). Pub. L. 111–275 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to penalties.
(Title 50 Appendix)
§ 534. Settlement of stayed cases relating to personal property
(a) Appraisal of property
When a stay is granted pursuant to this Act [sections 501 to 515 and 516 to 597b of this Appendix] in a proceeding to foreclose a mortgage on or to repossess personal property, or to rescind or terminate a contract for the purchase of personal property, the court may appoint three disinterested parties to appraise the property.
(b) Equity payment
Based on the appraisal, and if undue hardship to the servicemember’s dependents will not result, the court may order that the amount of the servicemember’s equity in the property be paid to the servicemember, or the servicemember’s dependents, as a condition of foreclosing the mortgage, repossessing the property, or rescinding or terminating the contract.
(Oct. 17, 1940, ch. 888, title III, § 304, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2848.)
heading: Prior Provisions
text: A prior section 534, act Oct. 17, 1940, ch. 888, art. III, § 304, as added Oct. 6, 1942, ch. 581, § 12, 56 Stat. 772; amended Pub. L. 102–12, § 9(9), Mar. 18, 1991, 105 Stat. 40, related to termination of leases by lessees, prior to the general amendment of this Act by Pub. L. 108–189. See section 535 of this Appendix.
(Title 50 Appendix)
§ 536. Protection of life insurance policy
(a) Assignment of policy protected
If a life insurance policy on the life of a servicemember is assigned before military service to secure the payment of an obligation, the assignee of the policy (except the insurer in connection with a policy loan) may not exercise, during a period of military service of the servicemember or within one year thereafter, any right or option obtained under the assignment without a court order.
(b) Exception
The prohibition in subsection (a) shall not apply—
(1) if the assignee has the written consent of the insured made during the period described in subsection (a);
(2) when the premiums on the policy are due and unpaid; or
(3) upon the death of the insured.
(c) Order refused because of material affect
A court which receives an application for an order required under subsection (a) may refuse to grant such order if the court determines the ability of the servicemember to comply with the terms of the obligation is materially affected by military service.
(d) Treatment of guaranteed premiums
For purposes of this subsection, premiums guaranteed under the provisions of title IV of this Act [sections 541 to 549 of this Appendix] shall not be considered due and unpaid.
(e) Misdemeanor
A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.
(Oct. 17, 1940, ch. 888, title III, § 306, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2850; amended Pub. L. 111–275, title III, § 303(b)(6), Oct. 13, 2010, 124 Stat. 2878.)
heading: Prior Provisions
text: A prior section 536, act Oct. 17, 1940, ch. 888, art. III, § 306, as added Oct. 6, 1942, ch. 581, § 12, 56 Stat. 773, related to extension of benefits to dependents, prior to the general amendment of this Act by Pub. L. 108–189. See section 538 of this Appendix.
heading: Amendments
text: 2010—Subsec. (e). Pub. L. 111–275 amended subsec. (e) generally. Prior to amendment, subsec. (e) related to penalties.
(Title 50 Appendix)
§ 537. Enforcement of storage liens
(a) Liens
(1) Limitation on foreclosure or enforcement
A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.
(2) Lien defined
For the purposes of paragraph (1), the term “lien” includes a lien for storage, repair, or cleaning of the property or effects of a servicemember or a lien on such property or effects for any other reason.
(b) Stay of proceedings
In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materially affected by military service—
(1) stay the proceeding for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.
The provisions of this subsection do not affect the scope of section 303 [section 533 of this Appendix].
(c) Misdemeanor
A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.
(Oct. 17, 1940, ch. 888, title III, § 307, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2851; amended Pub. L. 111–275, title III, § 303(b)(7), Oct. 13, 2010, 124 Stat. 2878.)
heading: Amendments
text: 2010—Subsec. (c). Pub. L. 111–275 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to penalties.
(Title 50 Appendix)
§ 538. Extension of protections to dependents
Upon application to a court, a dependent of a servicemember is entitled to the protections of this title [sections 531 to 538 of this Appendix] if the dependent’s ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember’s military service.
(Oct. 17, 1940, ch. 888, title III, § 308, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2851.)
(Title 50 Appendix)
§ 541. Definitions
For the purposes of this title [sections 541 to 549 of this Appendix]:
(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 title.
(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.)
heading: Prior Provisions
text: A prior section 541, acts Oct. 17, 1940, ch. 888, art. IV, § 401, 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 of former article IV of this Act, applications, and amount of insurance protected, prior to the general amendment of this Act by Pub. L. 108–189. See section 542 of this Appendix.
(Title 50 Appendix)
§ 542. Insurance rights and protections
(a) Rights and protections
The rights and protections under this title [sections 541 to 549 of this Appendix] apply to the insured when—
(1) the insured,
(2) the insured’s legal representative, or
(3) the insured’s beneficiary in the case of an insured who is outside a State,
applies in writing for protection under this title, unless the Secretary of Veterans Affairs determines that the insured’s policy is not entitled to protection under this title.
(b) Notification and application
The Secretary of Veterans Affairs shall notify the Secretary concerned of the procedures to be used to apply for the protections provided under this title [sections 541 to 549 of this Appendix]. The applicant shall send the original application to the insurer and a copy to the Secretary of Veterans Affairs.
(c) Limitation on amount
The total amount of life insurance coverage protection provided by this title [sections 541 to 549 of this Appendix] for a servicemember may not exceed $250,000, or an amount equal to the Servicemember’s Group Life Insurance maximum limit, whichever is greater, regardless of the number of policies submitted.
(Oct. 17, 1940, ch. 888, title IV, § 402, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2852.)
heading: Prior Provisions
text: A prior section 542, acts Oct. 17, 1940, ch. 888, art. IV, § 402, 54 Stat. 1183; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 774; Pub. L. 102–12, § 9(13), Mar. 18, 1991, 105 Stat. 40, related to form of application, reports to Secretary of Veterans Affairs by insurer, and policy deemed modified upon application for protection, prior to the general amendment of this Act by Pub. L. 108–189. See section 543 of this Appendix.
(Title 50 Appendix)
§ 543. Application for insurance protection
(a) Application procedure
An application for protection under this title [sections 541 to 549 of this Appendix] shall—
(1) be in writing and signed by the insured, the insured’s legal representative, or the insured’s beneficiary, as the case may be;
(2) identify the policy and the insurer; and
(3) include an acknowledgement that the insured’s rights under the policy are subject to and modified by the provisions of this title.
(b) Additional requirements
The Secretary of Veterans Affairs may require additional information from the applicant, the insured and the insurer to determine if the policy is entitled to protection under this title [sections 541 to 549 of this Appendix].
(c) Notice to the Secretary by the insurer
Upon receipt of the application of the insured, the insurer shall furnish a report concerning the policy to the Secretary of Veterans Affairs as required by regulations prescribed by the Secretary.
(d) Policy modification
Upon application for protection under this title [sections 541 to 549 of this Appendix], the insured and the insurer shall have constructively agreed to any policy modification necessary to give this title full force and effect.
(Oct. 17, 1940, ch. 888, title IV, § 403, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2852.)
heading: Prior Provisions
text: A prior section 543, acts Oct. 17, 1940, ch. 888, art. IV, § 403, 54 Stat. 1184; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 775; Pub. L. 102–12, § 9(14), Mar. 18, 1991, 105 Stat. 40, related to determination of policies entitled to protection, notice to parties, and lapse of policies for nonpayment of premiums, prior to the general amendment of this Act by Pub. L. 108–189. See section 544 of this Appendix.
(Title 50 Appendix)
§ 544. Policies entitled to protection and lapse of policies
(a) Determination
The Secretary of Veterans Affairs shall determine whether a policy is entitled to protection under this title [sections 541 to 549 of this Appendix] and shall notify the insured and the insurer of that determination.
(b) Lapse protection
A policy that the Secretary determines is entitled to protection under this title [sections 541 to 549 of this Appendix] shall not lapse or otherwise terminate or be forfeited for the nonpayment of a premium, or interest or indebtedness on a premium, after the date on which the application for protection is received by the Secretary.
(c) Time application
The protection provided by this title [sections 541 to 549 of this Appendix] applies during the insured’s period of military service and for a period of two years thereafter.
(Oct. 17, 1940, ch. 888, title IV, § 404, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2853.)
heading: Prior Provisions
text: A prior section 544, acts Oct. 17, 1940, ch. 888, art. IV, § 404, 54 Stat. 1184; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 775; Pub. L. 102–12, § 9(15), Mar. 18, 1991, 105 Stat. 40, related to rights and privileges of insured during period of protection, prior to the general amendment of this Act by Pub. L. 108–189. See section 545 of this Appendix.
(Title 50 Appendix)
§ 545. Policy restrictions
(a) Dividends
While a policy is protected under this title [sections 541 to 549 of this Appendix], a dividend or other monetary benefit under a policy may not be paid to an insured or used to purchase dividend additions without the approval of the Secretary of Veterans Affairs. If such approval is not obtained, the dividends or benefits shall be added to the value of the policy to be used as a credit when final settlement is made with the insurer.
(b) Specific restrictions
While a policy is protected under this title [sections 541 to 549 of this Appendix], cash value, loan value, withdrawal of dividend accumulation, unearned premiums, or other value of similar character may not be available to the insured without the approval of the Secretary. The right of the insured to change a beneficiary designation or select an optional settlement for a beneficiary shall not be affected by the provisions of this title.
(Oct. 17, 1940, ch. 888, title IV, § 405, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2853.)
heading: Prior Provisions
text: A prior section 545, acts Oct. 17, 1940, ch. 888, art. IV, § 405, 54 Stat. 1184; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 775; Pub. L. 102–12, § 9(16), Mar. 18, 1991, 105 Stat. 40, related to deduction of unpaid premiums upon settlement of policies maturing during protection, prior to the general amendment of this Act by Pub. L. 108–189. See section 546 of this Appendix.
(Title 50 Appendix)
§ 546. Deduction of unpaid premiums
(a) Settlement of proceeds
If a policy matures as a result of a servicemember’s death or otherwise during the period of protection of the policy under this title [sections 541 to 549 of this Appendix], the insurer in making settlement shall deduct from the insurance proceeds the amount of the unpaid premiums guaranteed under this title, together with interest due at the rate fixed in the policy for policy loans.
(b) Interest rate
If the interest rate is not specifically fixed in the policy, the rate shall be the same as for policy loans in other policies issued by the insurer at the time the insured’s policy was issued.
(c) Reporting requirement
The amount deducted under this section, if any, shall be reported by the insurer to the Secretary of Veterans Affairs.
(Oct. 17, 1940, ch. 888, title IV, § 406, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2853.)
heading: Prior Provisions
text: A prior section 546, acts Oct. 17, 1940, ch. 888, art. IV, § 406, 54 Stat. 1184; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 775; Apr. 3, 1948, ch. 170, § 6, 62 Stat. 160, related to guaranty of premiums and interest by United States, settlement of amounts due upon expiration of protection, subrogation of United States, and crediting debt repayments, prior to the general amendment of this Act by Pub. L. 108–189. See section 547 of this Appendix.
(Title 50 Appendix)
§ 547. Premiums and interest guaranteed by United States
(a) Guarantee of premiums and interest by the United States
(1) Guarantee
Payment of premiums, and interest on premiums at the rate specified in section 406 [section 546 of this Appendix], which become due on a policy under the protection of this title [sections 541 to 549 of this Appendix] is guaranteed by the United States. If the amount guaranteed is not paid to the insurer before the period of insurance protection under this title expires, the amount due shall be treated by the insurer as a policy loan on the policy.
(2) Policy termination
If, at the expiration of insurance protection under this title, the cash surrender value of a policy is less than the amount due to pay premiums and interest on premiums on the policy, the policy shall terminate. Upon such termination, the United States shall pay the insurer the difference between the amount due and the cash surrender value.
(b) Recovery from insured of amounts paid by the United States
(1) Debt payable to the United States
The amount paid by the United States to an insurer under this title [sections 541 to 549 of this Appendix] shall be a debt payable to the United States by the insured on whose policy payment was made.
(2) Collection
Such amount may be collected by the United States, either as an offset from any amount due the insured by the United States or as otherwise authorized by law.
(3) Debt not dischargeable in bankruptcy
Such debt payable to the United States is not dischargeable in bankruptcy proceedings.
(c) Crediting of amounts recovered
Any amounts received by the United States as repayment of debts incurred by an insured under this title [sections 541 to 549 of this Appendix] shall be credited to the appropriation for the payment of claims under this title.
(Oct. 17, 1940, ch. 888, title IV, § 407, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2853.)
heading: Prior Provisions
text: A prior section 547, acts Oct. 17, 1940, ch. 888, art. IV, § 407, 54 Stat. 1185; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 775; Pub. L. 85–857, § 14(76), Sept. 2, 1958, 72 Stat. 1272; Pub. L. 102–12, § 9(17), Mar. 18, 1991, 105 Stat. 40, related to regulations and finality of determinations, prior to the general amendment of this Act by Pub. L. 108–189. See sections 548 and 549 of this Appendix.
(Title 50 Appendix)
§ 548. Regulations
The Secretary of Veterans Affairs shall prescribe regulations for the implementation of this title [sections 541 to 549 of this Appendix].
(Oct. 17, 1940, ch. 888, title IV, § 408, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2854.)
heading: Prior Provisions
text: A prior section 548, acts Oct. 17, 1940, ch. 888, art. IV, § 408, 54 Stat. 1185; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 776, related to law governing applications for protection prior to Oct. 6, 1942, prior to repeal by Pub. L. 102–12, § 9(18), Mar. 18, 1991, 105 Stat. 40.