Congressional Research Service: 'Servicemembers Civil Relief Act - Section-by-Section Summary' (Part 3 of 3) - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Advertise
    • Contact
    • Editorial Staff
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
June 7, 2023 Newswires
Share
Share
Tweet
Email

Congressional Research Service: 'Servicemembers Civil Relief Act – Section-by-Section Summary' (Part 3 of 3)

Targeted News Service

WASHINGTON, June 7 -- The Congressional Research Service issued the following report (No. R45283) on June 5, 2023, entitled "The Servicemembers Civil Relief Act - Section-by-Section Summary:"

(Continued from Part 2 of 3)

* * *

Title IV: Life Insurance

Title IV provides relief from insurance premiums and guarantees servicemembers' continued coverage under certain commercial life insurance policies. A servicemember who applies for protection under this title will eventually have to pay all of the premiums due, either to the insurer or to the government, in the event the United States pays the delinquent premiums./175 In this way, servicemembers may defer payments of insurance premiums without losing coverage. There is no need to show that military service materially affects the servicemember's ability to pay.

Definitions - Section 401 (50 U.S.C. Sec. 3971).

For the purposes of Title IV of the SCRA, the following definitions apply:

'Policy' - "Policy" includes any individual contract for whole, endowment, universal, or term life insurance (other than group term life insurance), or benefit similar to life insurance that comes from membership in any fraternal or beneficial association that satisfies all of the following conditions:

1. the policy does not include a provision limiting the amount of insurance coverage based on the insured's military service;

2. the policy does not require the insured to pay higher premiums if she is in military service;

3. the policy does not include a provision that limits or restricts coverage if the insured engages in any activity required by military service; and

4. the policy is "in force" (premiums have to be paid on time before any benefit guaranteed by these sections of the law can be claimed) for at least 180 days before the insured enters military service./176

'Premium' - "Premium" is the amount specified in the policy to be paid to keep the policy in force./177

'Insured' - "Insured" is defined as a servicemember who owns a life insurance policy./178

'Insurer' - "Insurer" includes any firm, corporation, partnership, association, or business that can, by law, provide insurance and issue contracts or policies./179

Insurance rights and protections - Section 402 (50 U.S.C. Sec. 3972).

Either the person insured, an insured's legal representative, or, when the insured person is outside the United States, a beneficiary of the insurance policy must apply for protection of a covered policy under the act./180 The written application must be submitted to the insurer with a copy sent to the Secretary of Veterans Affairs./181 The total amount of policies covered is limited to the greater of $250,000 or an amount equal to the maximum limit of the Servicemember's Group Life Insurance (SGLI)./182 The maximum limit of SGLI currently is $500,000./183

Application for insurance protection - Section 403 (50 U.S.C. Sec. 3973).

To invoke protection for the policies covered under this part of the SCRA, the servicemember, her legal representative, or beneficiary must submit an application in writing identifying the policy and insurer, with an acknowledgment that the insured's rights under the policy are subject to and modified by the provisions of Title IV of this act./184 The Secretary of Veterans Affairs may require the parties to provide additional information as necessary./185 The insurer then reports the action to the Department of Veterans Affairs as required by regulation (found in 38 C.F.R. Part 7)./186 By making an application for the protection guaranteed by these sections of the law, the insurer and insured are deemed to have accepted any necessary modifications to the terms of the life insurance policy./187

* * *

175 Id. Sec. 3977.

176 Id. Sec. 3971(1).

177 Id. Sec. 3971(2).

178 Id. Sec. 3971(3).

179 Id. Sec. 3971(4).

180 Id. Sec. 3972(a).

181 Id. Sec. 3972(b).

182 Id. Sec. 3972(c).

183 See Pub. L. No. 117-209, Sec.2(a), 136 Stat. 2243 (2022) (increasing the maximum SGLI benefit to $500,000 effective March 1, 2023) (codified at 38 U.S.C. Sec. 1967).

184 50 U.S.C. Sec. 3973(a).

185 Id. Sec. 3973(b).

186 Title 38, Part 7, of the Code of Federal Regulations, revised as of Mar. 20, 2023, addresses the Soldiers' and Sailors' Civil Relief rather than the Servicemembers Civil Relief and cites 50 U.S.C. app Sec. 511, 540-547 as authority.

187 50 U.S.C. Sec. 3973(d).

* * *

Policies entitled to protection and lapse of protections - Section 404 (50 U.S.C. Sec. 3974).

The Secretary of Veterans Affairs determines whether a policy is entitled to the protection guaranteed by these sections, and is responsible for notifying the insurer and the insured of that determination./188 Once the policy is deemed qualified for protection, it may not lapse or otherwise be terminated or be forfeited for the nonpayment of a premium, or interest or indebtedness on a premium./189 This protection applies during the time the insured person is in military service and for two years after she leaves military service./190

Policy restrictions - Section 405 (50 U.S.C. Sec. 3975).

Approval by the Secretary of Veterans Affairs is necessary for a policyholder to make certain withdrawals and other payments or credits under a policy protected by this part of the SCRA./191 If such approval is not obtained, rather than paying dividends to the insured or reinvesting them to purchase additional coverage, the insurer must add dividends to the value of the policy to be treated as a credit./192 The insured is not permitted to take out loans against the policy or cash it in while it is protected without the approval of the Secretary of Veterans Affairs./193 However, the insured retains the right to modify the designation of beneficiaries./194

Deduction of unpaid premiums - Section 406 (50 U.S.C. Sec. 3976).

If a covered policy matures due to the death of the insured, the insurance company must reduce its settlement with the beneficiaries by the amount of any unpaid premiums (plus interest)./195 If the rate of interest is not specified in the policy, it will be the same rate applied to policy loans in other policies issued at the time when the insured's policy was issued./196 Deductions must be reported to the Secretary of Veterans Affairs./197

Premiums and interest guaranteed by the United States - Section 407 (50 U.S.C. Sec. 3977).

In the event the insured fails to pay any premiums owed on a policy at the time the guarantee period expires and the cash surrender value of the policy is less than the amount due, the insurance company may terminate the policy and the United States will pay the insurance company the difference between the cash surrender value and the amount of the outstanding debt./198

* * *

188 Id. Sec. 3974(a).

189 Id. Sec. 3974(b).

190 Id. Sec. 3974(c).

191 Id. Sec. 3975(a).

192 Id.

193 Id. Sec. 3975(a).

194 Id.

195 50 U.S.C. Sec. 3976(a).

196 Id. Sec. 3976(b).

197 Id. Sec. 3976(c).

198 Id. Sec. 3977(a).

* * *

The amount paid to the insurer becomes a debt owed by the insured to the United States that is not dischargeable in bankruptcy./199 Any funds collected from the insured are added to appropriations for the payment of guaranteed premiums under this part of the SCRA./200 If the premiums are not paid to the insurer within the period of protection, the insurer will treat them as a policy loan./201

Regulations - Section 408 (50 U.S.C. Sec. 3978).

The Secretary of Veterans Affairs is responsible for promulgating regulations to carry out the provisions of Title IV, which are found in 38 C.F.R. Part 7.

Review of findings of fact and conclusions of law - Section 409 (50 U.S.C. Sec. 3979).

The findings of fact and conclusions of law made by the Secretary in administering these sections are subject to review by the Board of Veterans' Appeals and the U.S. Court of Appeals for Veterans' Claims. Judicial review is permitted only to the extent provided by chapter 72 of Title 38, U.S. Code, which sets forth the scope of review and procedures to be followed./202

Title V: Taxes and Public Lands

The fifth broad category of provisions of the SCRA provides certain rights regarding public lands and relieves servicemembers from having to pay certain taxes to multiple jurisdictions. It also prevents the attachment of certain personal or real property in order to satisfy tax liens.

Taxes respecting personal property, money, credits, and real property - Section 501 (50 U.S.C. Sec. 3991).

A servicemember's personal property (including motor vehicles) and real property used by the servicemember as a home, a business, or for agriculture - as long as the property continues to be occupied by the servicemember's family or employees - cannot be sold to collect unpaid taxes or assessments (other than income taxes) without a court order./203 A court may stay an action to force the sale of property belonging to a person in military service for the collection of unpaid taxes if it finds that the debtor's ability to pay the taxes is materially affected by her military service./204 In the event a servicemember's property is sold to satisfy tax liabilities, the servicemember has the right to redeem the property for up to six months after the person leaves military service unless a longer period is provided by state or local law./205 If a servicemember fails to pay a tax or assessment on property covered by this section when due, the amount unpaid and due shall accrue interest at 6%, but no other penalties or interest may be assessed./206

* * *

199 Id. Sec. 3977(b)(3).

200 Id. Sec. 3977(b).

201 Id. Sec. 3977(a)(1).

202 See 38 U.S.C.Sec.Sec. 7261-60.

203 50 U.S.C. Sec. 3991.

204 Id. Sec. 3991(b).

205 Id. Sec. 3991(c).

206 Id. Sec. 3991(d).

* * *

Additionally, real and personal properties owned jointly by a servicemember and her dependents are covered by this section./207 However, properties owned through a separate business entity such as a limited liability company may not be covered by this section, even if the servicemember is the sole owner./208

Rights in public lands - Section 502 (50 U.S.C. Sec. 3992).

Servicemembers cannot be deemed to have forfeited any right (including mining and mineral leasing rights) they had for the use of public lands of the United States prior to entering military service based on absence from the land or failure to perform required maintenance or other improvements./209 Holders of permits and licenses for grazing livestock on public lands who subsequently enter military service may suspend the licenses for the duration of military service plus six months, allowing the servicemember to obtain a reduction or cancellation of fees for the duration of that time./210

Desert-land entries - Section 503 (50 U.S.C. Sec. 3993).

Servicemembers with claims to desert lands prior to entering military service may not have those claims contested or canceled for failing to expend required amounts in improvements annually, or for failing to effect the reclamation of the claim during the period of service or during hospitalization or rehabilitation due to an injury or disability incurred in the line of duty./211 The protection is in force during and for six months after she leaves military service or is released from hospitalization./212 An honorably discharged servicemember whose line-of-duty disability prevents her reclamation of land or ability to pay may apply for a patent for the entered or claimed land./213 To qualify for this protection, notice must be given to the appropriate land office within six months after entering military service./214

Mining claims - Section 504 (50 U.S.C. Sec. 3994).

Certain requirements for maintaining a mining claim are suspended during the holder's period of active military service and for six months thereafter or for the duration of hospitalization due to wounds or disability suffered while in the line of duty./215 During this period, the mining claim cannot be forfeited due to nonperformance of the requirements of the lease./216 To qualify for this protection, the servicemember must notify the appropriate claims office of commencement of military service within 60 days after the end of the assessment year in which the service began./217

* * *

207 Id. Sec. 3991(e)

208 See Davis v. City of Philadelphia, 821 F.3d 484, 488 (3d Cir. 2016) (holding that, under Pennsylvania law, a LLC has its own legal identity, so sole owner servicemember may not invoke the SCRA on LLC's behalf).

209 50 U.S.C. Sec. 3992(a).

210 Id. Sec. 3992(b).

211 Id. Sec. 3993(a).

212 Id.

213 Id. Sec. 3993(b).

214 Id. Sec. 3993(c).

215 50 U.S.C. Sec. 3994(a)-(b).

216 Id. Sec. 3994(c).

217 Id. Sec. 3994(d).

* * *

Mineral permits and leases - Section 505 (50 U.S.C. Sec. 3995).

Any person who holds a permit or a lease under the federal mineral leasing laws who enters military service is allowed to suspend all operations during military service (plus six months), in which case the period of service is not counted as part of the term of the person's permit or license and the holder is not required to pay rentals or royalties during that time./218 However, to qualify for these privileges, the servicemember has six months after entry into military service to notify the Bureau of Land Management of her entry into service./219

Perfection or defense of rights - Section 506 (50 U.S.C. Sec. 3996).

Nothing in Title V of the SCRA prevents a person in military service from taking any action authorized by law or regulations of the Department of the Interior to assert, perfect, or protect the rights covered in those sections./220 A servicemember may submit any evidence required to assert this right in the form of affidavits or notarized documents./221 Affidavits provided pursuant to this section are subject to 18 U.S.C. Sec. 1001./222

Distribution of information concerning benefits of title - Section 507 (50 U.S.C. Sec. 3997).

The Secretary of the Interior is responsible for providing military authorities with information explaining the benefits of this Title (except those pertaining to taxation) as well as related application forms for distribution among servicemembers.

Land rights of servicemembers - Section 508 (50 U.S.C. Sec. 3998).

Protection of land rights under this Title are extended to servicemembers under the age of 21. Residency requirements related to the establishment of a residence within a limited time will be suspended for six months after release from military service for both the servicemember and her spouse.

Regulations - Section 509 (50 U.S.C. Sec. 3999).

The Secretary of the Interior has the authority to issue regulations necessary to carry out Title V of the act, other than the sections that concern taxes.

Income taxes - Section 510 (50 U.S.C. Sec. 4000).

The collection of federal, state, and local income taxes (excluding Social Security (FICA) taxes) a servicemember owes, either before or after entering service, must be deferred during the period of service and for up to six months after release, if her ability to pay the taxes is materially affected by military service./223

* * *

218 Id. Sec. 3995(a).

219 Id. Sec. 3995(b).

220 Id. Sec. 3996(a).

221 Id. Sec. 3996(b)(1).

222 Id. Sec. 3996(b)(2).

223 50 U.S.C. Sec. 4000(a).

* * *

No interest or other penalty may be imposed on a debt deferred under this section./224 The statute of limitations for paying the debt is tolled for the length of the person's period of service plus nine months./225 This provision does not apply to tax on employees under 26 U.S.C. Sec. 3101 (tax rate for old-age, survivors, disability and hospital insurance)./226

Residence for tax purposes - Section 511 (50 U.S.C. Sec. 4001).

To prevent multiple state taxation on the property and income of military personnel serving within various tax jurisdictions by reason of military service, this section provides that servicemembers neither lose nor acquire a state of domicile or residence for taxation purposes when they serve at a duty station outside their home state in compliance with military orders./227 A servicemember who conducts other business while in military service may be taxed by the appropriate jurisdiction for any resulting income./228 However, a tax jurisdiction cannot include the military compensation earned by nonresident servicemembers to compute the tax liability imposed on the non-military income earned by the servicemember./229

Spouses of servicemembers neither lose nor acquire a state of domicile or residence for taxation purposes when they are present in any tax jurisdiction solely to be with the servicemember in compliance with the servicemember's orders./230 The section provides that for any tax year during the marriage, the servicemember and spouse may elect to use the residence or domicile of either the servicemember or spouse, or the permanent duty station of the servicemember, for tax purposes regardless of the date of marriage./231 The section further provides that income earned by a spouse while in a duty-station tax jurisdiction, other than her original residence or domicile, solely to be with the servicemember may not be taxed by that tax jurisdiction./232 Personal property of a servicemember and her spouse will not be subject to taxation by a jurisdiction other than their domicile or residence while stationed at a duty station outside of their home state./233 However, relief from personal property taxes does not depend on whether the property is taxed by the state of domicile./234 Property used for business is not exempt from taxation./235 An Indian servicemember whose legal residence or domicile is a federal Indian reservation will pay taxes only under the laws of the federal Indian reservation and not to the state where the reservation is located./236

* * *

224 Id. Sec. 4000(b).

225 Id. Sec. 4000(c).

226 Id. Sec. 4000(d).

227 Id. Sec. 4001(a)(1).

228 Id. Sec. 4001(e).

229 Id. Sec. 4001(b).

230 See Pub. L. No. 111-97, Sec. 3(a), 123 Stat. 3007, 3008 (2009) (the Military Spouses Residency Relief Act extended residency protections to the spouses of active-duty servicemembers) (amending previous 50 U.S.C. App. Sec. 571, currently codified at 50 U.S.C. Sec. 4001).

231 50 U.S.C. Sec. 4001(a).

232 Id. Sec. 4001(c).

233 Id. Sec. 4001(d)(1). See Dameron v. Brodhead, 345 U.S. 322, 325 (1953) (holding that the SCRA preempts state laws that would tax the service-related income or personal property of servicemembers at their duty station when it is not their domicile. The Court concluded the constitutional discussion by stating, "[w]hat has been said in no way affects the reserved powers of the states to tax. For this statute merely states that the taxable domicile of servicemen shall not be changed by military assignments. This we think is within the federal power.").

234 Id. Sec. 4001(d)(2).

235 Id. Sec. 4001(d)(3).

236 Id. Sec. 4001(f).

* * *

"Tax jurisdiction" is defined to include "a State or a political subdivision of a State," which includes the District of Columbia and any commonwealth, territory, or possession of the United States (50 U.S.C. Sec. 101(6))./237 "Taxation" includes licenses, fees, or excises imposed on an automobile that is also subject to licensing, fees, or excise in the servicemember's state of residence./238 "Personal property" includes intangible and tangible property including motor vehicles./239

Title VI: Administrative Remedies

Title VI provides courts the authority to deny remedies to servicemembers that would abuse the purpose of the SCRA. It also indicates how a servicemember's military and financial status can be established in court, and covers other procedural requirements.

Inappropriate use of act - Section 601 (50 U.S.C. Sec. 4011).

A court may deny a servicemember the protections of the act with respect to a transfer it finds was made with the intent to exploit the provisions of the act, in order to delay enforcement of the contract, to obtain reduced interest rates, or to avoid obligations with respect to property that was the subject of the transaction.

Certificates of service: persons reported missing - Section 602 (50 U.S.C. Sec. 4012).

A certificate signed by the Secretary concerned serves as prima facie evidence in an action under the SCRA that the individual is in the military service, the date of induction or discharge, residence at time of induction, rank and rate of pay, and other facts relevant to asserting rights under the SCRA./240 A servicemember who is missing in action is presumed to continue in military service until she is accounted for or her death has been reported to the Department of Defense or determined by a court or board with the authority to make such determination./241

Interlocutory orders - Section 603 (50 U.S.C. Sec. 4013).

Courts may revoke, modify, or extend any interlocutory orders they issued pursuant to the SCRA.

Title VII: Further Relief

Title VII of the SCRA provides a means for servicemembers to petition for relief without having to wait until a creditor brings an enforcement action against them. It also treats powers of attorney and provides relief from liability insurance premiums for servicemembers who need to maintain such policies for their civilian occupations.

* * *

237 Id. Sec. 4001(g)(3).

238 Id. Sec. 4001(g)(2).

239 Id. Sec. 4001(g)(1).

240 Id. Sec. 4012(a).

241 Id. Sec. 4012(c).

* * *

Anticipatory relief - Section 701 (50 U.S.C. Sec. 4021).

A servicemember may initiate an action for relief prior to defaulting on any pre-service obligation or liability, including tax obligations, rather than waiting for the creditor to commence proceedings./242 Dependents do not have independent protection under this section as they do for the provisions of Title III.

Courts may grant the following relief:

1. if the obligation involves payments of installments for the purchase of real estate (like a mortgage), the court can stay enforcement of the obligation by adding a period of time, no greater than the period of military service, to the remaining life of the contract, subject to the payment of the balance of principal and accumulated interest that remains unpaid at the termination of the applicant's military service, in equal installments over the duration of the extended life of the contract; and

2. for any other type of obligation, liability, tax, or assessment, the court can stay enforcement, for a period of time equal to the petitioner's period of military service, subject to payment of the balance of principal due plus accumulated interest in equal installments over the duration of the stay./243

If a stay has been granted under this section, no fine or penalty can be imposed for its duration as long as the servicemember complies with the terms and conditions of the stay./244 This provision allows servicemembers who are not yet in default on an obligation, but whose ability to make payments is materially affected by military service, to petition the court in effect to rewrite the contract by extending its life, allowing the servicemember to pay down the amount in arrears with equal installments over a longer of period of time./245 The servicemember must resume making regular payments on the debt after leaving active duty, in addition to the payments to make up for the smaller payments she made while on active duty./246

Power of attorney - Section 702 (50 U.S.C. Sec. 4022).

A valid power of attorney for a person who is declared to be missing in action is automatically extended for the entire period the person remains in a missing status, unless it expressly provides a date of expiration./247 The extension is limited to documents that designate the servicemember's spouse, parent, or named relative as the servicemember's attorney in fact./248 The power of attorney must have been executed during the servicemember's military service or before entry into active service but after receiving an order to report for military service or a notification from the Department of Defense that such an order could be forthcoming./249

* * *

242 50 U.S.C. Sec. 4021(a).

243 Id. Sec. 4021(b).

244 Id. Sec. 4021(c).

245 Id. Sec. 4021(b).

246 Id.

247 50 U.S.C. Sec. 4022.

248 Id. Sec. 4022(a)(2).

249 Id. Sec. 4022(a)(1).

* * *

Professional liability protection - Section 703 (50 U.S.C. Sec. 4023).

Certain persons who, prior to being called to active duty, were furnishing health care, legal, or any other services which the Secretary of Defense determines to be professional services and who had in effect a professional liability (i.e., malpractice) insurance policy may suspend payment of premiums on their liability insurance while they serve on active duty without losing any coverage./250 The section covers insurance policies that, according to their terms, would not continue to cover claims arising prior to a lapse in coverage unless the insured continues to pay premiums./251

Definitions--"Profession" is defined in Subsection (i) to include "occupation." Similarly, the expression "professional" includes the term "occupational." Neither "occupation" nor "occupational" is defined. Subsection (i) also defines "active duty," adopting the definition used in Section 101 of Title 10, U.S. Code. However, the provision is further limited to persons called to active duty (other than for training) under 10 U.S.C. Sec.Sec. 688 (retired members of regular Armed Forces, members of the Retired Reserves, and members of the Fleet Reserve or Fleet Marine Corps Reserve); 12301(a) (activation of Reserves during war or national emergency declared by Congress); 12301(g) (member of Reserve component in captive status); 12302 (Ready Reserve); 12304 (Selected Reserve and certain Individual Ready Reserve members called to active duty other than during war or national emergency); 12306 (Standby Reserve); 12307 (Retired Reserve); and, if any of the preceding sections are invoked, Section 12301(d) (volunteer member of a Reserve component)./252

Suspension of coverage - Professional liability insurance policies covered by this section are suspended from the time the insurer receives a request for protection until the insured requests in writing to have the policy reinstated./253 In the case of a joint insurance policy, no suspension of coverage is required for the policyholders who are not called to active duty./254 For example, if several physicians jointly purchase a group policy of malpractice insurance and only one of them is called to active duty, the coverage of those not called to active duty need not be suspended by the insurer.

Premiums - The insurer may not charge premiums for coverage that is suspended./255 The insurer must either refund any amount already paid for coverage that is suspended or, if the insured professional person chooses, apply the amount toward payment of any premium that comes due after coverage is reinstated./256

* * *

250 Id. Sec. 4023(b).

251 Id. Sec. 4023(a).

252 Id.

253 Id. Sec. 4023(b)(1).

254 Id. Sec. 4023(e).

255 Id. Sec. 4023(b)(2)(A).

256 Id. Sec. 4023(b)(2)(B).

* * *

Liability during suspension - The insurer is not obligated to pay any claim that is based on a professional's actions (or inaction) during a period when a policy is suspended./257 In the case of claims involving obligations imposed by state law on a professional person to assure that her patients or clients will receive professional assistance in her absence to serve on active duty, the section clarifies that the failure of the professional person to satisfy such an obligation will generally be considered to be a breach that occurred before the professional person began active duty./258 In such a situation, the insurer would be liable for the claim. In the event a claim arises while the patient is receiving alternate care as arranged by the servicemember for patients during her absence, the insurer would not be liable for the claim./259

Actions against policyholder during suspension of coverage--In the event a malpractice suit (or administrative action) is filed during the period when the insurance is suspended, the litigation will be stayed until the end of the suspension period./260 The stay applies only where the malpractice is alleged to have occurred before the suspension began, and would thus be covered by the policy./261 Litigation stayed under this rule is deemed to be filed on the date the suspended insurance is reinstated./262 The period of any stay granted under this provision is not counted when computing whether or not the relevant statute of limitations has run./263

In the event that a professional person whose malpractice insurance coverage has been suspended should die during the period of the suspension, any stay of litigation or administrative action against the person under this section is lifted./264 In addition, the insurer providing the coverage that was suspended is to be liable under the policy just as if the deceased person had died while covered by the policy but before the claim was filed./265

Reinstatement of coverage - The insurer is required to reinstate the insurance coverage on the date the servicemember transmits a written request for reinstatement, which must occur within 30 days after the covered servicemember is released from active duty./266 The insurer must notify the policyholder of the due date for payment of any premium required for reinstatement of the policy, and that the premium must be paid within 30 days after the notice is received by the professional person./267 The section also limits the premium that the insurer can charge for reinstated coverage to the rate that would have applied if the servicemember had not been deployed./268 The insurer is not allowed to recoup missing premiums by charging higher rates for reinstated coverage./269 The insurer may charge higher rates for reinstated coverage if it raised the rates for all policyholders with similar coverage, provided that the servicemember would have had to pay a higher premium even if she had not suspended coverage./270

* * *

257 Id. Sec. 4023(b)(3).

258 Id. Sec. 4023(b)(4).

259 Id. Sec. 4023(b)(3).

260 Id. Sec. 4023(f)(1).

261 Id.

262 Id. Sec. 4023(f)(2).

263 Id. Sec. 4023(g).

264 Id. Sec. 4023(h)(1).

265 Id. Sec. 4023(h)(2).

266 Id. Sec. 4023(c)(2).

267 Id.

268 Id. Sec. 4023(d)(1).

269 Id.

270 Id. Sec. 4023(d)(2).

* * *

Health insurance reinstatement - Section 704 (50 U.S.C. Sec. 4024).

This section grants servicemembers who were called to military service, as described in Sec. 703(a)(1), the right, upon termination or release from military service, to reinstatement of any health insurance policy that was in effect on the day before the servicemember entered military service, and that terminated at any time during her service./271 Servicemembers must apply for reinstatement within 120 days of termination or release from active duty./272 An insurer may not impose new exclusions from coverage or waiting periods for reinstatement of coverage with respect to conditions arising prior to or during the servicemember's period of military service, if such an exclusion or waiting period would not have applied during regular coverage and the condition has not been determined to be a disability incurred in the line of duty under 38 U.S.C. Sec. 105./273 The section does not apply to employer-sponsored health insurance plans covered by the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA/274)./275 Insurance plans covered by USERRA are subject to similar protections under 38 U.S.C. Sec. 4317.

In 2006, Congress added language to Section 704 limiting the ability for insurers to charge a servicemember premium increases on a health insurance policy covered by the section./276 The amount of the premium may not be increased, on a policy being reinstated for the balance of the period for which the coverage would have continued had it not been terminated, above an amount that would have been charged before termination./277 In the event that the premiums for similarly covered individuals increased during the terminated period, the increased premium may be assessed to the servicemember upon reinstatement of the policy./278

Guarantee of residency for military personnel and spouses of military personnel - Section 705 (50 U.S.C. Sec. 4025).

Military personnel and their spouses are not deemed to have changed their state of residence or domicile for the purpose of voting for any federal, state, or local office solely because of their absence from the respective state in compliance with military or naval orders./279 In addition, as amended in 2018, this section provides that a spouse may elect to use the same residence as the servicemember regardless of the date of marriage to vote for any federal, state, or local office./280

* * *

271 50 U.S.C. Sec. 4024(a).

272 Id. Sec. 4024(d).

273 Id. Sec. 4024(b).

274 Pub. L. No. 103-353, 108 Stat. 3161 (1994) (codified at 38 U.S.C. Sec.Sec. 4301-35).

275 50 U.S.C. Sec. 4024(c).

276 Pub. L. No. 109-233, Sec. 302, 120 Stat. 397, 406 (2006) (amending previous 50 U.S.C. App. Sec. 594, currently codified at 50 U.S.C. Sec. 4024).

277 50 U.S.C. Sec. 4024(e)(1).

278 Id. Sec. 4024(e)(2).

279 Id. Sec. 4025(a)-(b).

280 Pub. L. No. 115-407, Sec. 303, 132 Stat. 5373 (2018) (codified at 50 U.S.C. Sec. 4025(b)(2)).

* * *

Portability of professional licenses of servicemembers and their spouses - Section 705A (50 U.S.C. Sec. 4025a).

Added in 2023, this section provides for the recognition of professional licenses and certificates (not including law licenses) issued by other jurisdictions to servicemembers or spouses of servicemembers who have relocated to a new jurisdiction pursuant to military orders, providing the licensee remains in good standing with the issuing authority and any other issuing authority that has issued a similar license to the licensee./281 The licensee must meet standards of practice for the relevant profession in the new jurisdiction, including fulfilling any continuing education requirements, and is subject to the relevant disciplinary authority there./282 The licensee must have actively used the license during the two years preceding relocation to the new jurisdiction./283 If the licensee is able to practice in multiple jurisdictions through an interstate licensure compact, the provisions of that compact apply./284

Business or trade obligations - Section 706 (50 U.S.C. Sec. 4026).

The assets of a servicemember are protected from being used to satisfy business debts for which the servicemember is personally liable, as long as such assets are not held in connection with the business. The obligor has the right to apply to the court for a modification of the servicemember's relief as warranted by equitable considerations.

Guarantee of residency for spouses of servicemembers - Section 707 (50 U.S.C. Sec. 4027).

The spouse of a servicemember may elect to use the servicemember's place of residency as a place of residency for any purpose, including business registration, regardless of the date of marriage.

Title VIII: Civil Liability/285

Title VIII provides the Attorney General the authority to bring civil actions against violators of the SCRA. Servicemembers who are aggrieved by a violation can join an action brought by the Attorney General or can initiate their own civil action against a violator.

Enforcement by the Attorney General - Section 801 (50 U.S.C. Sec. 4041).

This section authorizes the U.S. Attorney General to commence a civil action in U.S. district court for violations of the SCRA by a person who (1) engages in a pattern or practice of violating the act; or (2) engages in a violation that raises an issue of significant public importance./286 Courts may grant any appropriate equitable or declaratory relief, including monetary damages.

Additionally, courts, in order to vindicate the public interest, may assess a civil penalty up to $55,000 for a first violation, and up to $110,000 for subsequent violations./287 Finally, individuals alleging violations of the SCRA, for which the Attorney General has commenced an action, are authorized to intervene in previously commenced cases as plaintiffs./288

Private right of action - Section 802 (50 U.S.C. Sec. 4042).

In addition to the right to join a previously commenced case, persons aggrieved by a violation of the SCRA have the ability to commence a civil action in their own right./289 The court may grant appropriate equitable or declaratory relief, including monetary damages./290 The court is also authorized to award the costs of the action and reasonable attorney fees to an individual who prevails in a civil action under this section./291 As amended in 2019, the provision also protects a servicemember's right to serve as representative parties in class actions lawsuits, even if the servicemember has contractually waived the right to do so./292

Preservation of remedies - Section 803 (50 U.S.C. Sec. 4043).

This section provides that Sections 801 and 802 do not preclude or limit any other remedies available under the law, including consequential or punitive damages for violations of the SCRA.

* * *

281 Pub. L. No. 117-333, Sec. 19(a), 136 Stat. 6136, 6137 (2023) (codified at 50 U.S.C. Sec. 4025a).

282 50 U.S.C. Sec. 4025a(a).

283 Id. Sec. 4025a(c).

284 Id. Sec. 4025a(b). For information about interstate licensure compacts, see Council of State Governments, Occupational Licensure: Interstate Compacts in Action, https://licensing.csg.org/wpcontent/uploads/2019/07/OccpationalInterstateCompacts-InAction_Web.pdf.

285 Title VIII addressing civil liability was created by Pub. L. No. 111-275, Sec. 303, 124 Stat. 2877 (2010) (codified at 50 U.S.C. Sec.Sec. 4041-43).

28650 U.S.C. Sec. 4041(a). For a list of recent Justice Department enforcement actions, see Justice Department, Recent Accomplishments of The Housing and Civil Enforcement Section, https://www.justice.gov/crt/recentaccomplishments-housing-and-civil-enforcement-section#jp%20scra.

287 50 U.S.C. Sec. 4041(b).

288 Id. Sec. 4041(c).

289 Id. Sec. 4042(a).

290 Id.

291 Id. Sec. 4042(c).

292 Pub. L. No. 116-92, div. A, Sec.547(b), 133 Stat. 1197, 1378 (2019) (codified at 50 U.S.C. Sec. 4042(a)(3)).

* * *

The report is posted at: https://crsreports.congress.gov/product/pdf/R/R45283

Older

FDIC: Interagency Guidance on Third-Party Relationships – Risk Management

Newer

Comptroller of Currency Issues Bulletin on Interagency Guidance on Third-Party Relationships – Risk Management

Advisor News

  • Winona County approves 11% tax levy increase
  • Top firms’ 2026 market forecasts every financial advisor should know
  • Retirement optimism climbs, but emotion-driven investing threatens growth
  • US economy to ride tax cut tailwind but faces risks
  • Investor use of online brokerage accounts, new investment techniques rises
More Advisor News

Annuity News

  • Judge denies new trial for Jeffrey Cutter on Advisors Act violation
  • Great-West Life & Annuity Insurance Company Trademark Application for “EMPOWER BENEFIT CONSULTING SERVICES” Filed: Great-West Life & Annuity Insurance Company
  • 2025 Top 5 Annuity Stories: Lawsuits, layoffs and Brighthouse sale rumors
  • An Application for the Trademark “DYNAMIC RETIREMENT MANAGER” Has Been Filed by Great-West Life & Annuity Insurance Company: Great-West Life & Annuity Insurance Company
  • Product understanding will drive the future of insurance
More Annuity News

Health/Employee Benefits News

  • AMO CALLS OUT REPUBLICANS' HEALTH CARE COST CRISIS
  • With federal backing, Wyoming's catastrophic 'BearCare' health insurance plan could become reality
  • Our View: Arizona’s rural health plan deserves full funding — not federal neglect
  • NEW YEAR, NEW LAWS: GOVERNOR HOCHUL ANNOUNCES AFFORDABLE HEALTH CARE LAWS GOING INTO EFFECT ON JANUARY 1
  • Thousands of Alaskans face health care ‘cliff in 2026
More Health/Employee Benefits News

Life Insurance News

  • One Bellevue Place changes hands for $90.3M
  • To attract Gen Z, insurance must rewrite its story
  • Baby On Board
  • 2025 Top 5 Life Insurance Stories: IUL takes center stage as lawsuits pile up
  • Private placement securities continue to be attractive to insurers
More Life Insurance News

- Presented By -

Top Read Stories

More Top Read Stories >

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Elevate Your Practice with Pacific Life
Taking your business to the next level is easier when you have experienced support.

ICMG 2026: 3 Days to Transform Your Business
Speed Networking, deal-making, and insights that spark real growth — all in Miami.

Your trusted annuity partner.
Knighthead Life provides dependable annuities that help your clients retire with confidence.

Press Releases

  • Two industry finance experts join National Life Group amid accelerated growth
  • National Life Group Announces Leadership Transition at Equity Services, Inc.
  • SandStone Insurance Partners Welcomes Industry Veteran, Rhonda Waskie, as Senior Account Executive
  • Springline Advisory Announces Partnership With Software And Consulting Firm Actuarial Resources Corporation
  • Insuraviews Closes New Funding Round Led by Idea Fund to Scale Market Intelligence Platform
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Advertise
  • Contact
  • Editorial Staff
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet