38 U.S.C. § 1918

Assignments

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(a) Assignments of all or any part of the beneficiary’s interest may be made by a designated beneficiary to a widow, widower, child, father, mother, grandfather, grandmother, brother, or sister of the insured, when the designated contingent beneficiary, if any, joins the beneficiary in the assignment, and if the assignment is delivered to the Secretary before any payments of the insurance shall have been made to the beneficiary. However, an interest in an annuity, when assigned, shall be payable in equal monthly installments in such multiple of twelve as most nearly equals the number of installments certain under such annuity, or in two hundred and forty installments, whichever is the lesser. The provisions of this subsection shall not be applicable to insurance maturing after July 26, 1962.(b) Except as to insurance granted under the provisions of section 1922(b) of this title, any person to whom insurance maturing after July 26, 1962, is payable may assign all or any portion of such person’s interest in such insurance to a widow, widower, child, father, mother, grandfather, grandmother, brother, or sister of the insured when the designated contingent beneficiary, if any, joins the beneficiary in the assignment. Such joinder shall not be required in any case in which the insurance proceeds are payable in a lump sum.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1153, § 718; Pub. L. 87–557, § 1, July 27, 1962, 76 Stat. 245; Pub. L. 96–128, title III, § 304, Nov. 28, 1979, 93 Stat. 986; Pub. L. 97–295, § 4(24), Oct. 12, 1982, 96 Stat. 1306; renumbered § 1918 and amended Pub. L. 102–83, §§ 4(a)(2)(A)(iii)(III), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403, 406.)Editorial NotesAmendments

1991—Pub. L. 102–83, § 5(a), renumbered section 718 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 4(a)(2)(A)(iii)(III), substituted “Secretary” for “Veterans’ Administration”.

Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1922(b)” for “722(b)”.

1982—Subsec. (a). Pub. L. 97–295 substituted “after July 26, 1962” for “on or after the date of enactment of this sentence”.

Subsec. (b). Pub. L. 97–295 substituted “after July 26, 1982,” for “on or after the date of enactment of this sentence”.

1979—Subsec. (b). Pub. L. 96–128 substituted “such person’s” for “his”.

1962—Pub. L. 87–557 designated existing provisions as subsec. (a), inserted sentence making subsection inapplicable to insurance maturing on or after “the date of enactment of this sentence [July 27, 1962]”, and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1979 Amendment

Amendment by Pub. L. 96–128 effective Nov. 28, 1979, see section 601(b) of Pub. L. 96–128, set out as a note under section 1114 of this title.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2000–2021 · leading case: Funeral Fin. Sys. v. United States, 234 F.3d 1015 (7th Cir. 2000).

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Funeral Fin. Sys. v. United States, 234 F.3d 1015 (7th Cir. 2000). · cites it 2× “” The district court found that this language, which is taken from the language of 38 U.S.C. § 1918 (a) (1994), clearly prohibits the assignment from Keith Gilliam to Hall-Jordan, as well as the subsequent assignment from Hall-Jordan to Funeral Financial.”

Kramer v. Wilkie (Fed. Cir. 2021). “1; see 38 U.S.C. § 1918 (b) (providing for assign- ment of NSLI benefits).”

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