United States Department of Veterans Affairs

Servicemembers' & Veterans' Group Life Insurance

Implementation of Stillbirth Claims Processing

Background

The Servicemembers' Group Life Insurance (SGLI) program provides for a $10,000 payment to an insured Servicemember upon the death of the member's dependent child.  Prior to October 10, 2008, a member's "stillborn child" was not included in the definition of an insurable dependent.

Section 402 of the Veterans' Benefits Improvement Act of 2008, Public Law 110-389, effective October 10, 2008, expanded the definition of “insurable dependent” under the SGLI program to include a member's "stillborn child.”

On November 18, 2009, regulations were published to change title 38, Code of Federal Regulations, section 9.1, allowing VA to begin making SGLI payments to the parents of stillborns.

Stillborn Definition

Following the requirements of Public Law 110-389, the regulation defines the term “stillborn” as “A member’s natural child whose death occurs before expulsion, extraction, or delivery and: (1) Whose fetal weight is 350 grams or more: or (2) if the fetal weight is unknown, whose duration in utero was 20 or more completed weeks of gestation, calculated from the date the last normal menstrual period began to the date of expulsion, extraction, or delivery.  The definition specifically excludes a fetus or child extracted for the purposes of an abortion.”

Coverage Limitations

This change applies only for stillbirths on or after October 10, 2008, the effective date of PL 110-389.  The law made no provision for retroactive benefits.

Required Documentation
For purposes of claim processing, in addition to SGLV 8283A - Claim for Family Coverage Death Benefits and SGLV 8700 - Report of Death of Family Member, the following documentation will be required:

  • A state-issued/certified (or for foreign stillbirths, issued under appropriate jurisdiction) Certificate of Fetal Death or Certificate of Stillbirth containing fetal statistics (gestational age, weight, length), or, if these statistics are not available,

  • A state-issued/certified (or for foreign stillbirths, issued under appropriate jurisdiction) Certificate of Fetal Death or Certificate of Stillbirth AND;

  • Hospital records or reports of fetal death containing fetal statistics (gestational age, weight, length).

Who to Contact

Questions regarding these guidelines may be directed to the Office of Servicemembers’ Group Life Insurance, 1-800-419-1473.