PUBLIC LAW 109–13—MAY 11, 2005
119 STAT. 259
the Secretary of Veterans Affairs. This amount shall be paid on a monthly basis, and shall be due within 10 days of the notice provided by the Secretary of Veterans Affairs to the Secretary of the concerned uniformed service. ‘‘(7) The Secretary of Defense shall provide the amount of appropriations required to pay expected claims in a policy year, as determined according to sound actuarial principles by the Secretary of Veterans Affairs. ‘‘(8) The Secretary of Defense shall forward an amount to the Secretary of Veterans Affairs that is equivalent to half the anticipated cost of claims for the current fiscal year, upon the effective date of this legislation. ‘‘(f) The Secretary of Defense shall certify whether any member claiming the benefit under this section is eligible. ‘‘(g) Payment for a loss resulting from traumatic injury will not be made if the member dies before the end of the period prescribed by the Secretary, in collaboration with the Secretary of Defense, which begins on the date on which the member sustains the injury. If the member dies before payment to the member can be made, the payment will be made according to the member’s most current beneficiary designation under Servicemembers’ Group Life Insurance, or a by law designation, if applicable. ‘‘(h) Coverage for loss resulting from traumatic injury provided under this section shall cease at midnight on the date of the member’s separation from the uniformed service. Payment will not be made for any loss resulting from injury incurred after the date a member is separated from the uniformed services. ‘‘(i) Insurance coverage provided under this section is not convertible to Veterans’ Group Life Insurance.’’. (b) CLERICAL AMENDMENT.—The table of sections for chapter 19 of title 38, United States Code, is amended by adding after the item relating to section 1980 the following:
Notice. Deadline.
Effective date.
Certification.
‘‘1980A. Traumatic injury protection.’’.
(c) RETROACTIVE PROVISION.— (1) IN GENERAL.—Any member who experienced a traumatic injury (as described in section 1980A(b)(1) of title 38, United States Code) between October 7, 2001, and the effective date under subsection (d), is eligible for coverage provided in such section 1980A if the qualifying loss was a direct result of injuries incurred in Operation Enduring Freedom or Operation Iraqi Freedom. (2) CERTIFICATION; PAYMENT.—The Secretary of Defense shall— (A) certify to the Office of Servicemembers’ Group Life Insurance the names and addresses of those members the Secretary of Defense determines to be eligible for retroactive traumatic injury benefits under such section 1980A; and (B) forward to the Secretary of Veterans Affairs, at the time the certification is made under subparagraph (A), an amount of money equal to the amount the Secretary of Defense determines to be necessary to pay all cost related to claims for retroactive benefits under such section 1980A. (d) EFFECTIVE DATE.—
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38 USC 1980A note.
38 USC 1980A note.
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