VA Issues Rule on Servicemembers’, Veterans’ Group Life Insurance
Servicemembers' Group Life Insurance and Veterans' Group Life Insurance-Slayer's Rule Exclusion
A Rule by the
Publication Date:
Agency:
Entry Type: Rule
Action: Final rule.
Document Citation: 81 FR 21465
Page: 21465 -21468 (4 pages)
CFR: 38 CFR 9
RIN: 2900-AN40
Document Number: 2016-08381
Shorter URL: https://federalregister.gov/a/2016-08381
Action
Final Rule.
Summary
The
Unified Agenda
Servicemembers' Group Life Insurance and Veterans' Group Life Insurance--Beneficiary Slayer's Rule Exclusion
6 actions from
NPRM
76 FR 77455
NPRM Comment Period End
Final Action
77 FR 60304
Final Action Effective
Comment Period End
Final Rule
DATES:
Effective Date: This final rule is effective
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
On
Public Comments Regarding Removal of the Term "Domestic Partner"
Two commenters noted that some federal agencies, including
One commenter also stated that failure to include domestic partners in the definition of "member of the family" would allow a same-sex domestic partner of a slayer to circumvent the regulation, while prohibiting heterosexual spouses of a slayer from receiving insurance benefits. This commenter also stated that ". . . [i]ncluding domestic partners is important to prevent an aberration in the rule . . ." and to ". . . prevent[ ] the unjust collection of life insurance benefits."
Two commenters noted that the
Two commenters also noted that
Lastly, one commenter noted that removal of the term domestic partner "sends a message that
On
In light of
The comments we received essentially concern equal treatment of same-sex couples and opposite-sex couples. The
Two commenters suggested that
Regarding a comment that excluding domestic partnerships from the definition of "family members" may result in unjust enrichment to certain domestic partners of persons causing the death of an insured individual, we acknowledge that this is a potential consequence of the rule. However, the alternative standards we have considered, including following varied state laws governing domestic partnerships or establishing our own definition of "domestic partnership" based in part on subjective standards, would also pose a risk of yielding inconsistent results and possibly allowing unjust enrichment to certain individuals in specific cases. We believe we have appropriately balanced those risks with the interests of clarity, consistency, and administrative efficiency in determinations made under this rule. Accordingly,
Justification for the Final Rule Seeking Comments
One commenter noted that
Based on the rationale set forth above and the preamble in the final rule seeking comments,
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in an expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a "significant regulatory action" requiring review by the
The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866.
Regulatory Flexibility Act
The Secretary of
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number and title for the program affected by this document is 64.103, Life Insurance for Veterans.
Signing Authority
The Secretary of
List of Subjects in 38 CFR Part 9
Life insurance
Military personnel
Veterans
Dated:
Director,
For the reasons set forth out in the preamble,
[FR Doc. 2016-08381 Filed 4-11-16;
BILLING CODE 8320-01-P
[*Federal RegisterBF 2016-04-12]
22BalteroF 160412-1256023
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